reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 5 - Other Procurement Methods › 3 AAC 100.470 - Limited competition procurements

Current through May 31, 2024
(a) A contract may
				  be awarded under this section when the chief procurement officer determines in
				  writing that a situation exists that makes competitive sealed bidding or
				  competitive sealed proposals impractical or contrary to the interests of the
				  authority.
(b) Situations that may
				  justify conducting a limited competition procurement include
(1) procurements that cannot be publicly
				  advertised without compromising the business interests of the authority or its
				  business partners;
(2) procurements
				  that may have been previously solicited by competitive sealed proposals or
				  competitive sealed bids but the authority was unable to award because no
				  responsible and responsive bids or proposals were received and the authority
				  still has an immediate need for the goods or services.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 5 - Other Procurement Methods › 3 AAC 100.480 - Emergency procurements

Current through May 31, 2024
(a) An emergency
				  procurement need not be made through competitive sealed bidding or competitive
				  sealed proposals but shall be made with competition that is practicable under
				  the circumstances, and must be limited to the supplies, services, professional
				  services, or construction necessary to meet the emergency.
(b) A procurement may be made under emergency
				  conditions if
(1) a threat to public health,
				  welfare, or safety exists, including fire, flood, epidemic, riot, environmental
				  accident, or a similarly compelling reason;
(2) an equipment failure occurs, and the need
				  for timely repair is essential; or
(3) immediate action is needed to protect
				  public or private property or other interests of the authority.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 5 - Other Procurement Methods › 3 AAC 100.490 - Non-competitive procurements

Current through May 31, 2024
(a) A procurement
				  officer may contract for supplies, services, professional services, or
				  construction without the use of competitive source selection
(1) for any contract issued by another state
				  or federal government agency where the authority is authorized to place orders
				  under the terms and conditions of that contract;
(2) for a contract where the total cost is
				  not more than $10,000 and the price is fair and reasonable;
(3) for a contract that was previously
				  competitively bid, but where only one nonresponsive bid was received and the
				  chief procurement officer determines that negotiation with that bidder is in
				  the best interest of the authority because
(A) an immediate need exists for the goods or
				  services; or
(B) re-solicitation is
				  unlikely to increase the number of bids;
(4) for a contract where time is of the
				  essence and the chief procurement officer makes a determination that
(A) the time required to solicit competitive
				  bids or proposals for the equipment or services would adversely impact the
				  authority's program or mission;
(B)
				  the price for goods or services is reasonable compared to the impacts of a
				  delay;
(C) the proposed contractor
				  is in a unique position to be able to meet the authority's needs; and
(D) the duration of the contract is limited;
				  or
(5) for a contract
				  where the chief procurement officer determines that award of a contract by
				  competitive sealed bidding, competitive sealed proposals, or small procurement
				  procedures is not practicable, and that award to a single source is in the
				  authority's best interests as no other reasonable source of the supplies or
				  services is available that could meet the authority's requirements and
				  schedule; the authority may advertise its intent to make a single source award
				  to determine if a single source award is appropriate.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 5 - Other Procurement Methods › 3 AAC 100.500 - Innovative procurements

Current through May 31, 2024
(a) A contract may
				  be awarded for supplies, services, professional services, or construction using
				  an innovative procurement process, with or without competitive sealed bidding
				  or competitive sealed proposals, when the chief procurement officer determines
				  in writing that it is advantageous to the authority to use an innovative
				  competitive procurement process in the procurement of new or unique
				  requirements of the authority, new technologies, or to achieve best
				  value.
(b) The chief procurement
				  officer shall submit a procurement plan to the attorney general for review and
				  approval as to form before issuing the notice required by (c) of this section.
				  The plan must, at a minimum, address the method of solicitation, scope, method
				  of award, protest procedures, and proposed contract provisions.
(c) A procurement under this section is
				  subject to the public notice requirements of
				  3 AAC 100.150.
(d) A record of an innovative procurement
				  must be available for public inspection upon completion or cancellation of the
				  procurement, and must contain
(1) a copy of
				  the contract;
(2) the written
				  determination of the chief procurement officer to use the innovative
				  procurement procedure;
(3) the
				  procurement plan as approved as to form by the attorney general;
(4) the record of notice as required under
				  3 AAC 100.150;
(5) the record of respondents to the
				  solicitation; and
(6) the contract
				  award.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 6 - Contract Formation and Modification › 3 AAC 100.510 - Type of contracts

Current through May 31, 2024
Any type of contract that will promote the best interests
					 of the authority may be used, except that the use of a
					 cost-plus-a-percentage-of-cost contract is prohibited.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 6 - Contract Formation and Modification › 3 AAC 100.520 - Contract contents

Current through May 31, 2024
(a) Each contract awarded as a result of
				  competitive sealed bids or competitive sealed proposals must contain
(1) a statement of the amount of the
				  contract;
(2) the date for the
				  supplies to be delivered or the expected period of performance of the
				  construction, services, or professional services;
(3) a description of the supplies,
				  construction, services, or professional services to be provided; and
(4) certification by the procurement officer
				  or other official of the authority that sufficient money is available to be
				  encumbered to cover the obligation under the contract or will be available
				  before the authority issues a notice to proceed or purchase order against the
				  contract.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 6 - Contract Formation and Modification › 3 AAC 100.530 - Contract term and cancellation

Current through May 31, 2024
(a) Unless
				  otherwise provided by law, a contract for supplies, services, or professional
				  services may be entered into for any period of time considered to be in the
				  best interests of the authority, if the term of the contract and conditions of
				  renewal or extension, if any, are included in the solicitation and funds are
				  available for the first fiscal period at the time of contracting.
(b) Payment and performance obligations for
				  succeeding fiscal periods shall be subject to the availability and designation
				  of funds for purposes of the contract.
(c) Before using a multi-term contract, the
				  procurement officer shall determine in writing that
(1) estimated requirements cover the period
				  of the contract and are reasonably firm and continuing; and
(2) the contract will serve the best
				  interests of the authority by encouraging effective competition and efficient
				  contract administration.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 6 - Contract Formation and Modification › 3 AAC 100.540 - Contract amendments

Current through May 31, 2024
(a) The procurement officer may amend a
				  contract or purchase order if the contract includes clauses or terms that allow
				  for and anticipate change orders, additional work, changes in scope, price
				  adjustments, follow-up phases of work, or renewals consistent with the original
				  scope and estimates of term and price documented with the source selection
				  method used in the award.
(b) The
				  procurement officer may amend a contract or purchase order when there is an
				  unanticipated change in work beyond the estimated or actual contract price,
				  term, or scope, if
(1) the solicitation was
				  conducted following the small procurement procedures under
				  3 AAC 100.460, the amendment or change order, or
				  cumulative contract amendments or change orders, will not cause the total
				  contract amount, as amended, to exceed by 50 percent or more the original
				  contract price, and the new total price of the contract, including all change
				  orders and amendments, does not exceed the dollar limit for small procurements
				  under 3 AAC 100.460; or
(2) the original contract is greater than
				  $100,000, and the amount of the unanticipated amendment or change order, or
				  cumulative unanticipated contract amendments or change orders, will be less
				  than 20 percent of the original contract amount, including any anticipated
				  amendments or contract adjustments.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 6 - Contract Formation and Modification › 3 AAC 100.550 - Standard contract clauses

Current through May 31, 2024
(a) The chief
				  procurement officer, in consultation with the attorney general, may establish
				  standard contract clauses that provide for appropriate remedies and cover the
				  following subjects:
(1) liquidated
				  damages;
(2) order of precedence of
				  contract documents;
(3) specified
				  excuses for delay or nonperformance;
(4) termination of the contract for
				  default;
(5) termination of the
				  contract in whole or in part for the convenience of the authority;
(6) adjustments in time including renewals or
				  extensions;
(7) dispute
				  resolution;
(8) adjustments in
				  price;
(9) changes in
				  work;
(10) additional
				  work;
(11) amendments.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 6 - Contract Formation and Modification › 3 AAC 100.560 - Cost principles and contractor cost and pricing data

Current through May 31, 2024
(a) Before an award
				  of a non-competitive contract or a change order or contract modification, the
				  contractor or prospective contractor shall submit cost and pricing data. The
				  contractor or prospective contractor shall certify that, to the best of the
				  contractor's or prospective contractor's knowledge and belief, the data
				  submitted is accurate, complete, and current as of a mutually determined
				  specified date and will continue to be accurate and complete during the
				  performance of the contract.
(b)
				  When a contractor becomes aware of a situation that may form the basis of a
				  claim for compensation that exceeds the amount designated as the base amount of
				  the contract and before performing additional work or supplying additional
				  materials, the contractor shall submit cost and pricing data on the additional
				  work or materials. The contractor shall certify that, to the best of the
				  contractor's knowledge and belief, the data submitted is accurate, complete,
				  and current and is the actual cost to the contractor of performing the
				  additional work or supplying the additional materials.
(c) A contract, change order, or contract
				  modification under which a certification is required under (a) or (b) of this
				  section must contain a provision that the price to the authority, including the
				  contractor's profit or fee, will be adjusted to exclude any significant sums by
				  which the authority finds that the price is increased because the cost or
				  pricing data furnished by the contractor or prospective contractor is
				  inaccurate, incomplete, or not current as of the date agreed upon by the
				  parties.
(d) The requirements of
				  (a) of this section do not apply when
(1) the
				  contract price is based on adequate price competition obtained through a
				  competitive solicitation;
(2) the
				  contract price is set by law or regulation; or
(3) the chief procurement officer determines
				  in writing that the requirements of (a) of this section may be waived and the
				  reasons for waiver are stated.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 7 - Legal and Contractual Remedies › 3 AAC 100.570 - Applicability of procurement protest and appeal procedures

Current through May 31, 2024
(a) Except for
				  protests of small procurements made under
				  3 AAC 100.580, the provisions of
				  AS
				  36.30.560-36.30.615 apply to the protest or
				  appeal of a protest on a solicitation, a proposed contract award, or the award
				  of a contract for supplies, services, professional services, or construction.
				  In applying the provisions of
				  AS
				  36.30.560-36.30.615 to the authority,
(1) the rights, powers, and duties relating
				  to appeals of protests concerning the procurement of supplies, services,
				  professional services, or construction duties under AS 36.30 assigned to any
				  commissioner is vested in the board with respect to appeals of protests, and
				  the board may delegate the rights, powers, and duties to the executive
				  director;
(2) the executive
				  director is responsible for taking all necessary actions following the
				  procedures in
				  AS
				  36.30.610 and
				  36.30.615 to develop a
				  recommendation regarding a protest appeal;
(3) the executive director may request, as
				  provided under
				  AS
				  44.64.030(b), that the
				  office of administrative hearings (AS
				  44.64.010)  conduct a hearing on an appeal in
				  accordance with
				  AS
				  36.30.670, make findings of fact and
				  conclusions of law, and provide a recommended decision for the executive
				  director to furnish to the board;
(4) the executive director shall make a
				  recommendation to the board for a final decision on protest appeals not subject
				  to 3 AAC 100.580; the board retains
				  the final decision-making authority on a protest appeal and may affirm, modify,
				  or reject the recommended decision, in whole or in part, may remand to the
				  executive director or any hearing officer or administrative law judge with
				  instructions, or may take other appropriate action.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 7 - Legal and Contractual Remedies › 3 AAC 100.580 - Protest of small procurement

Current through May 31, 2024
(a) An interested
				  party shall attempt to informally resolve any protest with the procurement
				  officer regarding a procurement with a total award value of $100,000 or less.
				  However, if the procurement is for construction, the total award value for
				  purposes of this subsection is $200,000 or less. If the attempt is
				  unsuccessful, the interested party may protest the solicitation or the award of
				  a small procurement contract solicited or awarded under
				  3 AAC 100.460. The protest must be filed with the
				  executive director. The protester must file a copy of the protest with the
				  procurement officer.
(b) If
				  protesting a solicitation issued under
				  3 AAC 100.460, a protest must be filed before the date
				  and time that quotations or informal proposals are due to the
				  authority.
(c) If protesting the
				  award of a small procurement contract of not more than $50,000, the protest
				  must be filed not later than 10 days after the date of the solicitation or
				  award, whichever is later.
(d) If
				  protesting the award of a small procurement contract greater than $50,000, a
				  protest must be filed not later than 10 days after the date that notice of
				  award is made.
(e) To be accepted
				  by the authority, a protest filed under (a), (b), (c), or (d) of this section
				  must contain
(1) the name, address, and
				  telephone number of the protester;
(2) the signature of the protester or the
				  protester's representative;
(3)
				  identification of the solicitation or contract at issue;
(4) a detailed statement of the legal and
				  factual grounds of the protest, including copies of relevant documents;
				  and
(5) the form of relief
				  requested.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 7 - Legal and Contractual Remedies › 3 AAC 100.590 - Contract claims

Current through May 31, 2024
(a) The provisions of
				  AS
				  36.30.620-36.30.631 apply to any contract
				  claim concerning a contract awarded by the authority under this chapter for
				  supplies, services, professional services, or construction.
(b) Hearings on contract claims will be
				  conducted in accordance with
				  AS
				  36.30.670-36.30.685, and any arbitration of
				  a construction contract will be conducted in accordance with
				  2 AAC 12.950 -
				  2 AAC 12.989.
(c) The rights, powers, and duties relating
				  to appeals of claims and arbitration of construction contracts concerning the
				  procurement of supplies, services, professional services, or construction that
				  are assigned under AS 36.30 to any commissioner are vested with the executive
				  director with respect to appeals of claims or arbitration concerning the
				  authority's contracts.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 7 - Legal and Contractual Remedies › 3 AAC 100.600 - Misrepresentations, fraud, and attempted fraud

Current through May 31, 2024
(a) A person who
				  makes or uses a misrepresentation in support of a contract claim under this
				  chapter, or who practices or attempts to practice a fraud, at any stage of
				  proceedings relating to a procurement or contract claim under this chapter
(1) forfeits all claims relating to that
				  procurement or contract; and
(2) is
				  obligated to reimburse the authority all sums paid on the claim and for all
				  costs attributable to review of the claim.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 7 - Legal and Contractual Remedies › 3 AAC 100.610 - Debarment

Current through May 31, 2024
(a) The provisions of
				  AS
				  36.30.635-36.30.665 and
				  2 AAC 12.630 -
				  2 AAC 12.670 apply to any debarment action undertaken by
				  the authority against a contractor to prohibit a contractor from participating
				  in any solicitation or award under this chapter.
(b) Hearings on a debarment action will be
				  conducted in accordance with
				  AS
				  36.30.650 and
				  2 AAC 12.650 -
				  2 AAC 12.670.
(c) The rights, powers and duties relating to
				  debarment actions assigned to the commissioner of administration under AS 36.30
				  are vested with the executive director with respect to any debarment actions
				  undertaken by the authority.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 7 - Legal and Contractual Remedies › 3 AAC 100.620 - Exclusive remedy

Current through May 31, 2024
Notwithstanding AS 44.77 or other law to the contrary, the
					 protest, appeal, and claim procedures of
					 3 AAC 100.570 -
					 3 AAC 100.590 provide the exclusive procedures for
					 asserting a claim against the authority arising in relation to a procurement
					 under this chapter.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 8 - Supply Management › 3 AAC 100.630 - Supply inventory records

Current through May 31, 2024
(a) The chief
				  procurement officer shall establish and maintain inventory records for
				  non-consumable supplies owned and managed by the authority. The records must
				  include
(1) non-consumable supplies with a
				  unit acquisition cost of more than $5,000;
(2) supplies determined by the chief
				  procurement officer to be sensitive, regardless of cost; and
(3) lease purchase or installment purchase
				  equipment or long-term rental equipment.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 8 - Supply Management › 3 AAC 100.640 - Surplus and disposal of supplies

Current through May 31, 2024
(a) If delegated
				  the authority to do so, the chief procurement officer may act on behalf of the
				  authority in all matters pertaining to the disposition of surplus
				  supplies.
(b) The chief procurement
				  officer may offer surplus supplies through spot bids, competitive sealed bids,
				  public auction, established markets, lease, trade, or posted prices. If
				  circumstances render the methods required under this subsection impractical,
				  the chief procurement officer may employ other disposition methods, including
				  negotiations with a single buyer or barter.
(c) If the chief procurement officer offers
				  surplus supplies by competitive sealed bid, notice of sale of the surplus
				  supplies must be publicly available at least 10 days before the date set for
				  opening bids.
(d) An employee,
				  contractor, or partner of the authority may not directly or indirectly
				  purchase, or agree with another person to purchase, surplus supplies that are
				  offered through a bid process if the employee, contractor, or partner is, or
				  has been, directly or indirectly involved in the disposal, maintenance, or
				  preparation for sale of the surplus supplies.
(e) Before conducting a public disposal
				  process, the chief procurement officer may approve the sale of surplus supplies
				  to a contractor of the authority subject to a determination that
(1) the value received for the surplus
				  supplies through a negotiated sale would exceed the cost to otherwise dispose
				  of the property; or
(2) the sale to
				  the contractor is in the best interest of the authority.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 9 - Additional Principles and Administrative Provisions › 3 AAC 100.650 - Supplementary general principles of law applicable

Current through May 31, 2024
Unless displaced by the particular provisions of this
					 chapter, the principles of law and equity, including AS 45.01 - AS 45.08, AS
					 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code), the law merchant, and
					 law relative to capacity to contract, agency, fraud, misrepresentation, duress,
					 coercion, mistake, or bankruptcy supplement the provisions of this
					 chapter.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 9 - Additional Principles and Administrative Provisions › 3 AAC 100.660 - Requirement of good faith

Current through May 31, 2024
All parties involved in the negotiation, performance, or
					 administration of contracts of the authority shall act in good
					 faith.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 9 - Additional Principles and Administrative Provisions › 3 AAC 100.670 - Trade secrets and confidential technical data

Current through May 31, 2024
To protect the confidentiality of trade secret and
					 confidential technical data, the chief procurement officer may establish
					 procedures that are consistent with
					 AS
					 44.88.215 and the confidentiality provisions
					 of the authority's
Procedures for Inspection of Records
,
					 revised as of July 2012 and adopted by reference.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 9 - Additional Principles and Administrative Provisions › 3 AAC 100.680 - Public access to procurement records

Current through May 31, 2024
Except as otherwise provided in
					 AS
					 44.88.215(c), procurement
					 records are public records in accordance with
					 AS
					 40.25.110.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 9 - Additional Principles and Administrative Provisions › 3 AAC 100.690 - Retention of procurement records

Current through May 31, 2024
Procurement records shall be retained and disposed of in
					 accordance with records retention guidelines and schedules approved by the
					 state archivist.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 9 - Additional Principles and Administrative Provisions › 3 AAC 100.700 - Procurement records for competitive sealed bids and proposals

Current through May 31, 2024
The executive director shall keep a contract file open for
					 public inspection for each contract awarded under competitive sealed bids and
					 competitive sealed proposals. The file may be maintained in a reproducible
					 electronic format and must contain
(1)
				  a copy of the solicitation document;
(2) a register of bids or proposals
				  received;
(3) a copy of each
				  responsive bid or proposal received;
(4) the basis of award; and
(5) a copy of the contract that includes a
				  description of the supplies, services, professional services, or construction
				  procured under each contract.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 9 - Additional Principles and Administrative Provisions › 3 AAC 100.710 - Procurement records for other procurements

Current through May 31, 2024
The executive director shall keep a contract file open for
					 public inspection for each limited competition procurement, innovative
					 procurement, or non-competitive procurement under
					 3 AAC 100.490(a) (3), (4), and (5). The
					 file may be maintained in a reproducible electronic format and must
					 contain
(1) the determination, as
				  required, regarding the source selection method used;
(2) for innovative procurements, the
				  procurement plan approved by the attorney general;
(3) if the procurement is solicited,
(A) a copy of the solicitation document
				  used;
(B) a copy of the notice
				  posted or list of potential offerors contacted;
(C) a register of offers or proposals
				  received;
(D) a copy of each
				  responsive offer or proposal received; and
(E) the basis of award;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 10 - General Provisions › 3 AAC 100.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
					 otherwise,
(1) "authority" means the
				  Alaska Industrial Development and Export Authority;
(2) "Alaska business license" means a
				  license required under AS 43.70 (Alaska Business License Act);
(3) "Alaska Online Public Notice System"
				  means the system developed under
				  AS
				  44.62.175;
(4) "alternate dispute resolution"
(A) means a process that is voluntarily used
				  to resolve issues in controversy;
(B) includes negotiation, mediation, and
				  arbitration;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 101 - Sustainable Energy Transmission and Supply Development Program › 3 AAC 101.010 - Scope of chapter

Current through May 31, 2024
This chapter applies to applications for financing under, and
				  the authority's administration of, the sustainable energy transmission and
				  supply development ("SETS") program and fund established by
				  AS
				  44.88.650 and
				  44.88.660.
Even though
					 3 AAC 101.010 was adopted and effective 4/25/2013, it
					 was not published until Register 207, October
					 2013.
Authority:
AS
					 44.88.085
AS 44.88.650
AS 44.88.660
AS 44.88.670
AS 44.88.680
AS
					 44.88.690
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 101 - Sustainable Energy Transmission and Supply Development Program › 3 AAC 101.020 - Eligible projects

Current through May 31, 2024
The authority may make a loan or issue a bond, or guarantee a
				  loan or bond, under the SETS program to finance
(1) the construction of a new qualified
				energy development;
(2) the
				acquisition of an existing qualified energy development where the acquisition
				is part of a plan to improve, rehabilitate, or expand the qualified energy
				development;
(3) improvement of an
				existing qualified energy development in which the cost of the improvement is
				at least equal to or exceeds 30 percent of the current appraised or market
				value of the qualified energy development;
(4) rehabilitation of an existing qualified
				energy development in which the cost of rehabilitation of existing facilities
				or equipment attached to or part of the qualified energy development is at
				least equal to or exceeds 30 percent of the current appraised or market value
				of the qualified energy development;
(5) a 30 percent or more expansion of the
				size, output, generation capabilities, transmission throughput, conservation,
				storage or distribution capabilities for a qualified energy development that
				involves providing heat or electricity;
(6) a 30 percent or more expansion of the
				size, output, storage or distribution capabilities of a qualified energy
				development that involves the distribution or storage of refined petroleum
				products or the liquefaction, regasification distribution, storage, or use of
				natural gas, excluding a natural gas pipeline for transmitting natural gas from
				the North Slope or Cook Inlet.
Even though
					 3 AAC 101.020 was adopted and effective 4/25/2013, it
					 was not published until Register 207, October
					 2013.
Authority:
AS
					 44.88.085
AS 44.88.670
AS 44.88.680
AS
					 44.88.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 101 - Sustainable Energy Transmission and Supply Development Program › 3 AAC 101.030 - Financing limitations

Current through May 31, 2024
The authority will not provide financing for a qualified
				  energy development in excess of the capital costs limitation of
				  AS
				  44.88.690(a)(1), or the
				  dollar amount limitation of
				  AS
				  44.88.690(a)(2), unless the
				  legislature has approved exceeding the limitation. The authority will not
				  finance or acquire a qualified energy development that is subject to the
				  restrictions of
				  AS
				  44.88.690(a)(3), unless the
				  legislature has approved the authority doing so. The authority will not provide
				  financing for a qualified energy development for a term longer than is
				  authorized under
				  AS
				  44.88.690(b).
Even though
					 3 AAC 101.030 was adopted and effective 4/25/2013, it
					 was not published until Register 207, October
					 2013.
Authority:
AS
					 44.88.085
AS 44.88.680
AS
					 44.88.690
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 101 - Sustainable Energy Transmission and Supply Development Program › 3 AAC 101.040 - Eligible applicants

Current through May 31, 2024
An applicant may be an individual, municipal government, or
				  tribe, or a business or other entity that is organized in any manner. To the
				  extent required under state law, an applicant seeking financing under the SETS
				  program and fund must be authorized to do business in the state and hold a
				  valid state business license.
Even though
					 3 AAC 101.040 was adopted and effective 4/25/2013, it
					 was not published until Register 207, October
					 2013.
Authority:
AS
					 44.88.085
AS 44.88.680
AS
					 44.88.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 101 - Sustainable Energy Transmission and Supply Development Program › 3 AAC 101.050 - Application process

Current through May 31, 2024
The application process for seeking financing under the SETS
				  program and fund is a two-step procedure using first the submission of a
				  preliminary application form. If the authority determines, based on the
				  preliminary application, that the qualified energy development may be suitable
				  for financing under the SETS program and fund, the authority may request the
				  applicant submit a full application.
Even though
					 3 AAC 101.050 was adopted and effective 4/25/2013, it
					 was not published until Register 207, October
					 2013.
Authority:
AS
					 44.88.085
AS
					 44.88.680
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 101 - Sustainable Energy Transmission and Supply Development Program › 3 AAC 101.060 - Preliminary application

Current through May 31, 2024
(a) An applicant
				seeking financing under the SETS program and fund may apply by completing a
				preliminary application. The preliminary application must be on a form supplied
				by the authority describing the nature of the qualified energy development, its
				location, its size, and its ownership. There is no fee for the submission of a
				preliminary application. The authority will review the preliminary application
				and advise the applicant whether to proceed with a full application.
(b) If the authority has not requested that
				an applicant submit a full application within 90 days after the applicant
				submitted the preliminary application, the preliminary application will be
				deemed to be denied. An applicant whose preliminary application is expressly
				denied by the authority, or whose preliminary application is deemed to be
				denied under this subsection may nevertheless elect to submit a full
				application to the authority so long as the applicant does so no later than 20
				working days after the date of the denial. Submission of a full application
				shall be an applicant's sole remedy for the authority denying a preliminary
				application or failing to act on a preliminary application. If an applicant
				does not submit a full application within the required time period after the
				preliminary application is denied or deemed to be denied, the matter will be
				forever closed and the applicant will be entitled to no further consideration
				of it.
Even though
					 3 AAC 101.060 was adopted and effective 4/25/2013, it
					 was not published until Register 207, October
					 2013.
Authority:
AS
					 44.88.085
AS
					 44.88.680
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 101 - Sustainable Energy Transmission and Supply Development Program › 3 AAC 101.080 - Terms of financing

Current through May 31, 2024
(a) The principal amount of a loan or
				guarantee may not exceed 75 percent of the appraised value of the collateral
				for the loan or guarantee.
(b) Any
				financing the authority provides must be secured by a mortgage that is a first
				lien on the real property in fee simple or on a leasehold estate or an easement
				where the qualified energy development is located. The authority may review and
				approve other security provisions and arrangements as well as encumbrances
				against the real property that do not affect the authority's
				security.
(c) Any financing the
				authority provides must be secured by a first position security interest in the
				applicant's rights under, and the proceeds of, any contract for the sale of
				power, electricity, or heat from the qualified energy development.
(d) Any financing for a qualified energy
				development must require complete amortization provisions and require periodic
				payments by the borrower. The term for a financing may not exceed the following
				calculated from the date the financing is made:
(1) a financing to a qualified energy
				development project may not exceed the limitations established in
				AS
				44.88.690(b); and
(2) in no case may the term of a financing
				under the SETS program and fund exceed the remaining estimated economic life of
				the collateral for the loan.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 101 - Sustainable Energy Transmission and Supply Development Program › 3 AAC 101.090 - Loan committee

Current through May 31, 2024
(a) Once the authority determines that the
				requested financing is proper under the SETS program and fund and that a
				complete application has been submitted for review, the authority will notify
				the applicant in writing that the application is deemed complete.
(b) After payment of the application fee, a
				completed application will be reviewed by a loan committee for the purpose of
				making a recommendation to the board about the requested financing. The loan
				committee for the SETS program and fund will consist of one or more of the
				authority's employees the executive director may designate. With the executive
				director's approval, the loan committee may engage and consult professional
				advisors in considering an application.
(c) The loan committee may request
				modifications to the completed application or changes in the terms of the
				requested financing.
(d) The loan
				committee's approval of the completed application will constitute a
				recommendation to the board for it to approve the requested financing. The loan
				committee's rejection of a completed application will constitute a
				recommendation to the board that the requested financing be rejected.
Even though
					 3 AAC 101.090 was adopted and effective 4/25/2013, it
					 was not published until Register 207, October
					 2013.
Authority:
AS
					 44.88.085
AS 44.88.670
AS
					 44.88.680
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 101 - Sustainable Energy Transmission and Supply Development Program › 3 AAC 101.100 - Board review

Current through May 31, 2024
(a) An application the loan committee
				approves will be put on the agenda for consideration at the next available
				board meeting. An application the loan committee rejects will not be put on the
				agenda for the board's consideration unless the applicant requests board
				consideration. To request board consideration, an applicant must file an appeal
				in accordance with
				3 AAC 101.150.
(b) The board may accept or reject the
				application regardless of the loan committee's recommendation. The decision of
				the board to accept or reject an application will constitute the final decision
				of the authority on the application.
(c) If the board approves an application, the
				authority will issue to the applicant a commitment letter to finance the
				qualified energy development. The applicant must accept the commitment letter
				in writing within 20 working days after its issuance.
Even though
					 3 AAC 101.100 was adopted and effective 4/25/2013, it
					 was not published until Register 207, October
					 2013.
Authority:
AS
					 44.88.085
AS 44.88.670
AS
					 44.88.680
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 101 - Sustainable Energy Transmission and Supply Development Program › 3 AAC 101.110 - Application evaluation standards

Current through May 31, 2024
The authority may approve or reject a full application for
				  financing under the SETS program and fund by evaluating the following:
(1) whether the application requirements of
				this chapter have been met;
(2) the
				applicant's credit standing;
(3)
				the economic and financial viability of the proposed qualified energy
				development;
(4) the impact of the
				proposed qualified energy development on the portfolio of the SETS program and
				fund, considering the concentration by industry area, technology, and
				geographic region and the concentration of financing provided to a single
				borrower and related obligors with respect to all of the authority's financing
				programs;
(5) whether and the
				extent to which the financing is consistent with the fulfillment of the
				purposes of the SETS program and fund established in
				AS
				44.88.650; and
(6) any other commercially reasonable
				underwriting criteria the authority, in its discretion, determines to be
				pertinent to the application, given the terms of the financing or the nature of
				the applicant or the proposed qualified energy development.
Even though
					 3 AAC 101.110 was adopted and effective 4/25/2013, it
					 was not published until Register 207, October
					 2013.
Authority:
AS
					 44.88.085
AS 44.88.650
AS 44.88.670
AS
					 44.88.680
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 101 - Sustainable Energy Transmission and Supply Development Program › 3 AAC 101.120 - Interest rates and other loan terms

Current through May 31, 2024
(a) The initial
				rate of interest on a loan the authority makes under the SETS program and fund
				will be set at the time the authority issues a loan commitment letter. The
				initial rate of interest will not be less than a rate equal to the sum of the
				"true interest cost rate" and the "authority cost amount." The authority may
				adjust the initial rate of interest above the minimum rate provided for in the
				preceding sentence based on the authority's evaluation of the risk of the
				transaction. In evaluating the risk of the transaction, the authority may
				consider the nature of the applicant and the qualified energy development; the
				size, length and other terms of the loan; the collateral for the loan; and any
				other factors the authority reasonably determines bear on its risk in the
				transaction.
(b) The authority may
				require prepayment fees on loans made under the SETS program and fund in
				amounts and for a period of time the authority determines appropriate, except
				that the authority will not charge a prepayment fee later than five years from
				the date of the closing on the loan.
(c) In this section,
(1) "true interest cost rate" means
(A) if the authority issues bonds to fund a
				loan, the rate on the bonds of the authority; or
(B) if the authority uses assets of the SETS
				fund to fund a loan, the rate identified on the daily Federal Home Loan Bank of
				Seattle's Fixed-Rate Advances Index which most closely matches the term of the
				loan, and whether the type of loan has a fixed or variable ]interest rate, as
				determined by the authority, with the following adjustments:
(i) for a fixed rate loan, the rate during
				any fiscal year may not be lower than the five-year return on the investment
				funds of the authority, expressed as an annual interest rate, as determined in
				the authority's review of its investments at the end of the third quarter of
				the prior fiscal year and for a variable rate loan, the rate during any fiscal
				year will not be lower than 475 basis points;
(ii) for a variable rate loan, 200 basis
				points will be added to the rate;