reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.300 - Documentation of contractor selection

Current through May 31, 2024
When a contractor has been selected by competitive sealed
				  proposal, the procurement officer shall enter into the procurement file a
				  written record of the basis on which the selection was found to be most
				  advantageous to the state.
Authority:
AS
					 36.30.040
AS
					 36.30.250
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.310 - Notice of intent to award

Current through May 31, 2024
Notice of intent to award shall be issued in accordance with
				  2 AAC 12.210.
Authority:
AS
					 36.30.040
AS
					 36.30.365
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.315 - Contract negotiations

Current through May 31, 2024
After final evaluation of proposals, including an adjustment
				  of an evaluation of a proposal as authorized under
				  2 AAC 12.290(d) and
				  2 AAC 12.295, the procurement officer may negotiate with
				  the offeror of the highest ranked proposal for the purpose of obtaining
				  contract terms consistent with the solicitation and with terms favorable to the
				  state. If changes are made to the proposal during contract negotiations, the
				  changes must be reasonable; however, the changes may not have the effect of
				  changing the ranking of the highest ranked proposal. If the procurement officer
				  determines that the offeror of the highest ranked proposal fails to negotiate
				  in good faith or fails to negotiate within the time period set by the
				  procurement officer, the procurement officer may terminate negotiations and
				  begin contract negotiations with the offeror of the next highest ranked
				  proposal in the manner prescribed in this section.
Authority:
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 5 - Competitive Sealed Proposals for Architect, Engineer, or Land Surveying Services › 2 AAC 12.320 - Procurement of architect, engineer, or land surveying services

Current through May 31, 2024
(a) Except as
				provided otherwise in this section, architect, engineer, or land surveyor
				services must be procured under
				2 AAC 12.220 -
				2 AAC 12.310,
				2 AAC 12.320 -
				2 AAC 12.390, and
				2 AAC 12.400. In the case of inconsistency, the
				provisions of
				2 AAC 12.320 -
				2 AAC 12.390 control.
(b) Procurement of minor or incidental
				architect, engineer, or land surveying work associated with and performed
				during construction, is not subject to
				2 AAC 12.320 -
				2 AAC 12.390.
Authority:
AS
					 36.30.040
AS
					 36.30.270
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 5 - Competitive Sealed Proposals for Architect, Engineer, or Land Surveying Services › 2 AAC 12.330 - Determinations required before procurement of services

Current through May 31, 2024
Before announcing the need for architect, engineer, or land
				  surveying services, the head of the purchasing agency must determine
(1) that the services to be acquired are
				services subject to
				AS
				36.30.270;
(2) that a reasonable inquiry has been
				conducted and it has been determined that state personnel are unable or
				unavailable to perform the services required under the proposed
				contract;
(3) that the purchasing
				agency has developed, and fully intends to implement, a written plan for using
				the services.
Authority:
AS
					 36.30.040
AS
					 36.30.270
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 5 - Competitive Sealed Proposals for Architect, Engineer, or Land Surveying Services › 2 AAC 12.340 - Public announcement of required architect, engineer, or land surveying services

Current through May 31, 2024
(a) Notice of the need for architect,
				engineer, or land surveying services shall be given as described in
				2 AAC 12.130.
(b) A solicitation must be prepared which
				describes the state's requirements, sets out the evaluation criteria, and
				includes notice of any conference to be held.
(c) The procurement officer may require a
				payment of a fee or deposit to supply a solicitation.
Authority:
AS
					 36.30.040
AS
					 36.30.270
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 5 - Competitive Sealed Proposals for Architect, Engineer, or Land Surveying Services › 2 AAC 12.350 - Architect, engineer, or land surveyor selection committee

Current through May 31, 2024
(a)If a contract
				for architect, engineer, or land surveying services is expected to exceed the
				dollar threshold for construction set out in
				2 AAC 12.400(d), the chief procurement
				officer, commissioner of transportation and public facilities, or commissioner
				of natural resources, as appropriate, shall designate a minimum of three state
				employees or public officials to serve as members of an architect, engineer,
				and land surveying selection committee for that contract. The committee must
				consist of
(1) a majority of registered
				persons if registration is required under
				AS
				36.30.270(d), or, if
				registration is not required under
				AS
				36.30.270(d), a majority of
				state employees who are well qualified in architecture, engineering, or land
				surveying, as appropriate; and
(2)
				a procurement officer representing the purchasing agency requiring the
				services, and preferably qualified in architecture, engineering or land
				surveying, and other members as appropriate.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 5 - Competitive Sealed Proposals for Architect, Engineer, or Land Surveying Services › 2 AAC 12.360 - Evaluation of statements of qualifications and performance data; selection of firms or persons for discussions

Current through May 31, 2024
(a) The selection
				committee shall evaluate
(1) statements
				submitted in response to the solicitation for architect, engineer, or land
				surveying services, including proposals for joint ventures; and
(2) supplemental statements of qualifications
				and performance data, if submission of such statements was required.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 5 - Competitive Sealed Proposals for Architect, Engineer, or Land Surveying Services › 2 AAC 12.370 - Discussions

Current through May 31, 2024
The selection committee may hold discussions regarding the
				  proposed contract with the firms or persons selected. The purpose of such
				  discussions is to explore the scope and nature of the required services and the
				  relative utility of alternative methods of approach. The conditions, terms, or
				  price of the proposed contract may be altered or otherwise changed during the
				  course of the discussions.
Authority:
AS
					 36.30.040
AS
					 36.30.270
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 5 - Competitive Sealed Proposals for Architect, Engineer, or Land Surveying Services › 2 AAC 12.380 - Selection of the most qualified and suitable firms or persons

Current through May 31, 2024
After discussions, if held under
				  2 AAC 12.370, the selection committee shall reevaluate
				  and select, in order of preference, no fewer than three firms or persons that
				  the committee considers to be the most highly qualified and suitable to provide
				  the required services. The selection committee shall prepare a memorandum of
				  the selection process which indicates how the evaluation criteria were applied
				  to determine the ranking of the three most highly qualified and suitable firms
				  or persons. The memorandum shall be included in the procurement
				  file.
Authority:
AS
					 36.30.040
AS
					 36.30.270
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 5 - Competitive Sealed Proposals for Architect, Engineer, or Land Surveying Services › 2 AAC 12.390 - Negotiation and award of contract

Current through May 31, 2024
(a)The procurement
				officer shall negotiate with the most qualified and suitable offerors in the
				order in which they are ranked. Contract negotiations shall be directed toward
(1)making certain that the offeror has a
				clear understanding of the scope of the work and the requirements involved in
				providing the required services;
(2)determining that the offeror will make
				available the necessary personnel and facilities to perform the services within
				the required time; and
(3)agreeing
				upon compensation that is fair and reasonable, taking into account the
				estimated value, scope, complexity, and nature of the required
				services.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 6 - Small Purchases › 2 AAC 12.400 - Authority to make small purchases

Current through May 31, 2024
(a) Repealed
				2/28/2014
(b) A purchasing agency
				shall use reasonable and adequate procedures and make records that facilitate
				auditing of the purchasing agency when procuring
(1) supplies, services, professional
				services, or construction estimated to cost not more than $25,000;
(2) concession contracts estimated to have
				gross receipts of not more than $25,000;
(3) supplies or services while on travel
				status with, or on behalf of the governor, estimated to cost not more than
				$30,000;
(4) fish feed for hatchery
				use estimated to cost not more than $30,000;
(5) passenger transportation estimated to
				cost not more than $30,000;
(6)
				professional services for the office of the governor estimated to cost not more
				than $50,000;
(7) legal or hearing
				officer services estimated to cost not more than $50,000.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 7 - Single Source Procurement › 2 AAC 12.410 - Conditions for use of single source procurement

Current through May 31, 2024
(a) A request by a
				purchasing agency that a procurement be restricted to one potential contractor
				shall be accompanied by a written explanation that meets the requirements of
				2 AAC 12.415 as to why it is not practicable to award a
				contract by competitive sealed bidding, competitive sealed proposals, or small
				procurement procedures, and why award to a single source is the state's best
				interests. An agency may advertise its intent to make a single source award to
				determine if such an award is appropriate. The agency shall include with the
				written explanation the evidence necessary for the independent examination and
				determination of the material facts of the procurement, subject to
				AS
				36.30.315. Except for a procurement that does
				not exceed the amount for small procurements under
				AS
				36.30.320, the award of a single source
				procurement may not be made without the prior written approval of the chief
				procurement officer or the commissioner of transportation and public
				facilities, as appropriate under
				AS
				36.30.300(a).
(b) A determination under
				AS
				36.30.300(a) must specify
				the duration of the determination's effectiveness.
(c) A procurement officer shall conduct
				negotiations, as appropriate, as to the price, delivery, and terms of a single
				source procurement.
(d) The
				following are examples of circumstances in which sole source procurement might
				be appropriate:
(1) if the compatibility of
				equipment, accessories, or replacement parts is the main
				consideration;
(2) if a specific
				item is needed for trial use or testing, including testing of a
				prototype;
(3) if an item is to be
				procured for resale;
(4) repealed
				6/29/95;
(5) if there exists a sole
				source of expertise required to perform a specific professional
				service;
(6) if the procurement is
				for operation of a concession contract on state property by a nonprofit
				organization whose sole purpose is to operate the concession and provide other
				public services on the property;
(7) if the procurement is with a government
				police agency to provide investigative, enforcement, or support services in
				support of state law enforcement objectives;
(8) if the procurement is for the services of
				legal counsel for the purpose of advising or representing the state in specific
				civil or criminal proceedings or on a specific matter before a federal or state
				regulatory agency, board, or commission;
(9) if the procurement is by the Office of
				the Governor for lobbying, labor negotiation, or consulting by a foreign
				national.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 7 - Single Source Procurement › 2 AAC 12.415 - Single source determination

Current through May 31, 2024
A determination by a state procurement official that a
				  specific course of action is or is not "in the state's best interest" under
				  AS
				  36.30.300 means a determination that is
				  reasonable under the circumstances and is neither arbitrary, capricious, or
				  prompted by corruption. A request to employ the single source procurement
				  method under
				  AS
				  36.30.300 that is based on a determination
				  that it is "in the state's best interest" shall cite the specific and
				  significant interests to support use of the single source procurement
				  method.
Authority:
AS
					 36.30.040
AS
					 36.30.300
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 7 - Single Source Procurement › 2 AAC 12.420 - Record of single source procurement

Current through May 31, 2024
A record of every single source procurement shall be made and
				  forwarded to the chief procurement officer, and must include
(1) the supplier's or contractor's
				name;
(2) the amount and type of
				each contract;
(3) a listing of the
				supplies, services, or construction procured under each contract; and
(4) the identification number of each
				procurement file.
Authority:
AS
					 36.30.040
AS 36.30.300
AS
					 36.30.520
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 8 - Limited Competition Procurements › 2 AAC 12.430 - Conditions for use of limited competition procurement

Current through May 31, 2024
(a) A request by a
				purchasing agency to limit that a procurement to two or more potential
				contractors must be accompanied by a written explanation as to why the
				solicitation should be limited, and why the competitive sealed bidding,
				competitive sealed proposals, or small procurement procedures are impracticable
				or contrary to the public interest. The agency must include with the written
				explanation the evidence necessary for the independent examination and
				determination of the material facts of the procurement, subject to
				AS
				36.30.315. To determine if other sources are
				available or interested in a procurement, an agency may advertise an intent to
				make a limited competition procurement. Except for a procurement that does not
				exceed the amount for small procurements under
				AS
				36.30.320, the award of a limited competition
				procurement may not be made without the prior written approval of the chief
				procurement officer, the commissioner of transportation and public facilities,
				or the attorney general, as appropriate under
				AS
				36.30.305(a).
(b) A procurement for construction under this
				section must be for less than $100,000.
(c) A procurement officer shall solicit
				offers or conduct negotiations, as appropriate, as to price, delivery, and
				terms, equally with each potential contractor for a limited competition
				procurement.
Authority:
AS
					 36.30.040
AS
					 36.30.305
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 9 - Emergency Procurements › 2 AAC 12.440 - Determination of emergency conditions

Current through May 31, 2024
(a) For the
				purposes of
				AS
				36.30.310, emergency conditions include
(1) fire, flood, epidemic, riot,
				environmental accident, or a similarly compelling reason;
(2) equipment failure, if the need for timely
				repair is essential;
(3) a
				situation in which procurement through competitive sealed bidding or
				competitive sealed proposals is impracticable or contrary to the public
				interest; or
(4) a need to protect
				public or private property.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 9 - Emergency Procurements › 2 AAC 12.450 - Procurement methods for emergency conditions

Current through May 31, 2024
(a) When emergency
				procurement is authorized by
				AS
				36.30.310 and
				2 AAC 12.440, and emergency procurement is limited to
				the supplies, services, professional services, or construction necessary to
				meet the emergency, and shall be made with competition that is practicable
				under the circumstances.
(b) An
				agency may make an emergency procurement by any reasonable means. If practical,
				approval by the head of the agency must be obtained before an emergency
				procurement of $50,000 or more is made.
(c) A procurement by the Department of
				Natural Resources during a fire suppression emergency shall be made in
				accordance with the procedures established by that department.
Authority:
AS
					 36.30.040
AS
					 36.30.310
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 9 - Emergency Procurements › 2 AAC 12.460 - Record of emergency procurement

Current through May 31, 2024
The procurement officer or the agency official responsible
				  for procurement shall make and promptly forward to the chief procurement
				  officer a record of each emergency procurement. The record must set out
(1) the contractor's name;
(2) the amount and type of the
				contract;
(3) a listing of the
				supplies, services, or construction procured under the contract; and
(4) the identification number of the
				procurement file.
Authority:
AS
					 36.30.040
AS
					 36.30.310
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 10 - Contract Formation and Modification › 2 AAC 12.470 - Standard contract clauses

Current through May 31, 2024
The chief procurement officer and the commissioner of
				  transportation and public facilities, in consultation with the attorney
				  general, may establish standard contract clauses for state contracts. A
				  procurement officer may modify a standard clause only with the prior written
				  approval of the attorney general as to form.
Authority:
AS
					 36.30.040
AS
					 36.30.340
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 10 - Contract Formation and Modification › 2 AAC 12.475 - Changes, liquidated damages, and terminations

Current through May 31, 2024
(a) A state
				contract may include a clause that provides for adjustment of the contract
				price, adjustment of the time of performance, liquidated damages, termination
				of the contract, or a term that the procurement officer deems
				appropriate.
(b) A contract clause
				allowing the imposition of liquidated damages must specify their purpose, their
				amount, and the circumstances for which they are authorized.
(c) A contract clause allowing termination of
				a contract for cause must specify the circumstances under which the state may
				terminate the contract, the procedural steps required for a termination to be
				effective, and the rights and responsibilities of the parties regarding payment
				and work in progress.
(d) A
				contract clause allowing termination of a contract for convenience of the state
				must specify the procedural steps required for a termination to be effective
				and the rights and responsibilities of the parties regarding payment and work
				in progress.
Authority:
AS
					 36.30.040
AS
					 36.30.430
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 10 - Contract Formation and Modification › 2 AAC 12.480 - Novation or change of name

Current through May 31, 2024
(a) A state contract or subcontract may not
				be transferred or otherwise assigned without the prior written consent of the
				procurement officer responsible for the contract.
(b) If the procurement officer responsible
				for the contract determines it is in the best interests of the state, a
				successor in interest may be recognized in a novation agreement in which the
				transferor and the transferee agree that
(1)
				the transferee assumes all of the transferor's obligations under the
				contract;
(2) the transferor waives
				any and all rights it has under the contract against the state; and
(3) the transferee furnishes satisfactory
				performance and payment bonds, if required by the procurement
				officer.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 10 - Contract Formation and Modification › 2 AAC 12.485 - Contract amendments

Current through May 31, 2024
(a) Except for contract amendments in a
				contract with a clause that authorizes adjustment under
				2 AAC 12.475(a), all amendments to
				contracts shall be made in accordance with this section.
(b) The procurement officer may amend a
				contract for construction, as "construction" is defined under
				AS
				36.30.990, but only if the amendment is
				within the scope of the original contract.
(c) The procurement officer may amend a
				contract established under
				2 AAC 12.400 within the scope of the original contract,
				but the amendment may not increase the contract beyond the small procurement
				limits established under
				AS
				36.30.320.
(d) Except for amendments established under
				(b) or (c) of this section, unanticipated contract amendments that exceed the
				lesser of 20 percent of the amount of the original term of the contract, or a
				subsequent current term of the contract, as applicable, or $100,000, may be
				made only if the chief procurement officer or, for state equipment fleet
				contracts, the commissioner of transportation and public facilities, or, for
				contracts for the services of legal counsel, the attorney general, determines
				in writing that the amendment is in the state's best interest. A request by a
				purchasing agency to amend a contract that exceeds these limits must be
				accompanied by a written explanation listing specific reasons why the amendment
				is in the state's best interests, and must address:
(1) whether the change is legitimate and due
				to unforeseen circumstances which occurred as work progressed, and whether the
				reasons for the change were unforeseen at the time the contract was
				established, as opposed to an effort to evade procurement
				requirements;
(2) whether the
				additional work is within the scope of the original contract;
(3) whether the contract contains clauses
				authorizing modification; and
(4)
				whether the amendment represents any important general change which alters the
				essential identity or main purpose of the original contract, or is of such
				importance as to constitute a new undertaking.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 10 - Contract Formation and Modification › 2 AAC 12.500 - Standards of responsibility

Current through May 31, 2024
(a) Factors that
				may be considered in determining whether a prospective contractor is
				responsible include whether the prospective contractor
(1) has a satisfactory record of
				performance;
(2) is qualified
				legally to contract with the state; and
(3) has supplied all necessary information in
				connection with the inquiry concerning responsibility.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 10 - Contract Formation and Modification › 2 AAC 12.510 - Access to plant or place of business

Current through May 31, 2024
(a) If an
				inspection is made in the plant or place of business of a contractor or
				subcontractor, the contractor or subcontractor shall provide without charge all
				reasonable facilities and assistance for the safety and convenience of the
				person performing the inspection or testing.
(b) On-site inspection of construction shall
				be performed in accordance with the terms of the contract.
Authority:
AS
					 36.30.040
AS
					 36.30.410
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 10 - Contract Formation and Modification › 2 AAC 12.520 - Inspection and testing of supplies and services

Current through May 31, 2024
(a) The state will,
				in its discretion, inspect supplies and services at the contractor or
				subcontractor's facility, and perform tests to determine whether they conform
				to solicitation requirements, or, after award, to contract requirements, and
				are therefore acceptable. Inspections and tests will be conducted at any
				reasonable time.
(b) The chief
				procurement officer may establish operational procedures governing the testing
				and trial use of equipment, materials, and other supplies by a state agency,
				and the application of resulting information and data to specifications or
				procurements.
Authority:
AS
					 36.30.040
AS
					 36.30.410
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 10 - Contract Formation and Modification › 2 AAC 12.530 - Retention of books and records

Current through May 31, 2024
Books and records that relate to a state contract or
				  subcontract shall be retained in such a manner that all actual costs related to
				  the contract or subcontract can be easily determined.
Authority:
AS
					 36.30.040
AS
					 36.30.420
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 10 - Contract Formation and Modification › 2 AAC 12.550 - Cost and pricing data

Current through May 31, 2024
A procurement officer may not waive the requirements of
				  AS
				  36.30.400(a) concerning
				  submission of cost and pricing data.
Authority:
AS
					 36.30.040
AS
					 36.30.400
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 10 - Contract Formation and Modification › 2 AAC 12.560 - Guidelines for cost principles

Current through May 31, 2024
(a) The
				commissioner of administration, the commissioner of transportation and public
				facilities, or the chief procurement officer may establish guidelines for cost
				principles that may be used to determine allowability of incurred costs for the
				purpose of reimbursement under contract provisions that provide for the
				reimbursement of costs.
(b) Cost
				principles may be modified by contract upon approval of the head of the using
				agency.
Authority:
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 10 - Contract Formation and Modification › 2 AAC 12.570 - Use of federal cost principles

Current through May 31, 2024
In dealing with contractors operating according to federal
				  cost principles, such as Defense Acquisition Regulations, Section 15, or
				  Federal Procurement Regulations, Part 1-15, the procurement officer may use the
				  federal cost principles as guidance in contract negotiations.
Authority:
AS
					 36.30.040
AS
					 36.30.480
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 11 - Innovative Procurement › 2 AAC 12.575 - Conditions for use of innovative procurement

Current through May 31, 2024
(a) A request to
				use an innovative procurement procedure shall be submitted in writing by a
				purchasing agency to the chief procurement officer or, for construction
				contracts or procurements of the state equipment fleet, to the commissioner of
				transportation and public facilities. The agency must include in the written
				request an explanation of the proposed innovative procurement procedure, how
				this procedure will achieve the best value, or why it is advantageous to the
				state due to new state needs, unique state needs, or new
				technologies.
(b) Following
				approval under (a) of this section, the requesting agency shall submit a
				detailed procurement plan to the Department of Law for review and approval as
				to form before issuing public notice as required under
				AS
				36.30.130. The plan shall, at a minimum,
				address the method of solicitation, scope, method of award, protest procedures,
				and proposed contract provisions. If the plan is submitted for a construction
				contract, the plan may address the use of a bonus in lieu of
				preferences.
Authority:
AS
					 36.30.040
AS
					 36.30.308
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 11 - Innovative Procurement › 2 AAC 12.577 - Record of innovative procurement

Current through May 31, 2024
(a) An agency that,
				under 2 AAC 12.575, requests use of
				innovative procurement shall maintain its innovative procurement files open for
				inspection as required under
				AS
				36.30.140(b) and
				AS
				36.30.230. The innovative procurement files
				must contain:
(1) a copy of the
				contract;
(2) the written
				determination of the chief procurement officer or the commissioner of
				transportation and public facilities to use the innovative procurement
				procedure;
(3) the procurement plan
				as approved to form by the Department of Law;
(4) the record of notice as required under
				AS
				36.30.130; and
(5) the record of respondents to the
				solicitation.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 12 - Supply Management › 2 AAC 12.580 - Inventories

Current through May 31, 2024
The chief procurement officer, the commissioner of
				  transportation and public facilities, and the head of a purchasing agency may
				  establish procedures to determine appropriate stock levels and the management
				  of agency supplies.
Authority:
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 12 - Supply Management › 2 AAC 12.590 - Supplies inventory records

Current through May 31, 2024
(a) State agencies
				shall submit inventory records as directed by the chief procurement officer.
				Inventory records must include the following:
(1) all nonconsumable 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;
(3) lease purchase or installment purchase
				equipment or long term rental equipment; and
(4) supplies on loan for contractor or
				grantee use.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 12 - Supply Management › 2 AAC 12.600 - State surplus supplies

Current through May 31, 2024
(a) The chief procurement officer may act on
				behalf of the state in all matters pertaining to the disposition of surplus
				supplies. A purchasing agency may not transfer or otherwise dispose of supplies
				owned by the state without separate statutory authorization or authorization of
				the chief procurement officer. The authorization, if granted by the chief
				procurement officer, shall be in writing and include disposal procedures. This
				subsection does not apply to disposition of surplus supplies by the University
				of Alaska, the Alaska Court System, or the legislative branch.
(b) A purchasing agency shall notify the
				chief procurement officer of all surplus supplies on the forms and at the times
				prescribed by the chief procurement officer.
(c) The chief procurement officer shall offer
				surplus supplies through spot bids, competitive sealed bids, public auction,
				established markets, lease, trade or posted prices. If unusual circumstances
				render the methods required by this subsection impractical, the chief
				procurement officer may employ other disposition methods, including appraisal
				or barter.
(d) If the chief
				procurement officer offers surplus supplies by competitive sealed bid, notice
				of sale of the surplus supplies must be publicly available from the chief
				procurement officer at least 10 days before the date set for opening
				bids.
(e) An employee, contractor,
				or grantee of an agency that owns or disposes of surplus supplies may not
				directly or indirectly purchase or agree with another person to purchase
				surplus supplies if the employee, contractor, or grantee is, or has been,
				directly or indirectly involved in the disposal, maintenance, or preparation
				for sale of the surplus supplies. However, the chief procurement officer may
				authorize the employee, contractor, or grantee to purchase surplus supplies in
				advance in writing.
(f) The chief
				procurement officer may offer surplus supplies by negotiated sale, transfer,
				lease, or donation to local governments, public procurement units, or tax
				exempt nonprofit organizations when the chief procurement officer determines it
				to be in the state's best interests.
Authority:
AS
					 36.30.040
AS
					 36.30.070
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 12 - Supply Management › 2 AAC 12.610 - Federal surplus material program

Current through May 31, 2024
The Department of Administration will, in its discretion,
				  acquire and distribute from the United States Government surplus property that
				  may be usable and necessary for public purposes by a state agency or a
				  political subdivision of the state. The chief procurement officer may
(1) prepare and file a state plan of
				operation with the United States General Services Administration;
(2) act on behalf of the state with federal
				agencies or other surplus property agencies regarding federal surplus property;
				and
(3) distribute federal surplus
				property to eligible entities.
Authority:
AS
					 36.30.040
AS
					 36.30.070
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 13 - Legal and Contractual Remedies › 2 AAC 12.615 - Protest of cancellation of solicitation

Current through May 31, 2024
(a) Repealed
				11/28/97.
(b) An interested party
				may protest the cancellation of an invitation to bid or request for proposals
				by filing with the procurement officer a written protest that includes the
				information required by
				AS
				36.30.560 no more than 10 days after a notice
				of cancellation is issued by the procurement officer.
Authority:
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 13 - Legal and Contractual Remedies › 2 AAC 12.620 - Decision to suspend

Current through May 31, 2024
(a) If a determination to suspend a
				contractor or prospective contractor is made under
				AS
				36.30.635, the written decision shall be sent
				to the person to be suspended. The decision must state that
(1) the suspension is for the period it takes
				to complete an investigation into possible debarment, but not for a period in
				excess of three months;
(2) bids or
				proposals will not be solicited from the suspended person, and, if they are
				received, they will not be considered during the period of suspension;
				and
(3) if a hearing has not been
				held, the suspended person may request a hearing.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 13 - Legal and Contractual Remedies › 2 AAC 12.625 - Causes for debarment or suspension

Current through May 31, 2024
The commissioner of administration may consider as a serious
				  and compelling cause under
				  AS
				  36.30.640(7) a wilful or
				  aggravated violation of state or federal labor or safety laws as set out by the
				  Department of Labor and Workforce Development under
				  8 AAC 100.010 and
				  8 AAC 100.030 referred to the department under
				  8 AAC 100.020.
Authority:
AS
					 36.30.635
AS
					 36.30.640
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 13 - Legal and Contractual Remedies › 2 AAC 12.630 - Initiation of debarment action

Current through May 31, 2024
(a) Written notice
				of a proposed debarment action shall be sent by certified mail, return receipt
				requested, to the last known address of the contractor or prospective
				contractor. This notice must
(1) state that
				debarment is being considered;
(2)
				set out the reasons for the action;
(3) state that the contractor or prospective
				contractor may be represented by counsel.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 13 - Legal and Contractual Remedies › 2 AAC 12.640 - Effect of debarment decision

Current through May 31, 2024
A debarment decision takes effect upon issuance of the
				  written decision. After the debarment decision takes effect, the contractor
				  remains debarred until a court or the commissioner of the department that
				  issued the decision orders otherwise, or until the debarment period specified
				  in the decision expires.
Authority:
AS
					 36.30.040
AS
					 36.30.635
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 13 - Legal and Contractual Remedies › 2 AAC 12.650 - Request for hearing

Current through May 31, 2024
A person entitled to a hearing under AS 36.30 must request in
				  writing that a hearing be held. The request must be received by the
				  commissioner of administration or the commissioner of transportation and public
				  facilities, as appropriate, within the applicable time period set out in AS
				  36.30 and must set out specific grounds for the hearing.
Authority:
AS
					 36.30.040
AS
					 36.30.695
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 13 - Legal and Contractual Remedies › 2 AAC 12.660 - Notice of time and place of hearing

Current through May 31, 2024
The hearing officer shall send a written notice of the time
				  and place of a hearing to the last known addresses of the person requesting the
				  hearing and other affected persons. A copy shall be sent to the purchasing
				  agency.
Authority:
AS
					 36.30.040
AS
					 36.30.670
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 13 - Legal and Contractual Remedies › 2 AAC 12.670 - Hearing procedures

Current through May 31, 2024
(a) A hearing shall be as informal as is
				reasonable and appropriate under the circumstances. The weight to be attached
				to evidence presented is within the discretion of the hearing officer.
				Stipulations of fact agreed upon by the parties may be regarded and used as
				evidence at the hearing. The hearing officer may require evidence in addition
				to that offered by the parties.
(b)
				A hearing shall be recorded. All evidence produced at a hearing shall be
				preserved by the commissioner of the Department of Administration or the
				commissioner's designee.
(c)
				Opening statements may be made at the hearing at the discretion of the hearing
				officer.
(d) The particular
				principles of law listed in
				AS
				36.30.860 will be considered by the hearing
				officer if they are specifically argued by a party.
(e) A witness must testify under oath or
				affirmation. A witness may be cross-examined.
Authority:
AS
					 36.30.040
AS
					 36.30.670
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 13 - Legal and Contractual Remedies › 2 AAC 12.680 - Reporting suspected anticompetitive practices

Current through May 31, 2024
The chief procurement officer, in consultation with the
				  attorney general, shall develop procedures, including forms, for reporting
				  suspected anticompetitive practices. A procurement officer who suspects that an
				  anticompetitive practice has occurred or may be occurring shall follow these
				  procedures.
Authority:
AS
					 36.30.040
AS 36.30.635
AS
					 36.30.920
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 13 - Legal and Contractual Remedies › 2 AAC 12.690 - Misrepresentations and fraudulent claims

Current through May 31, 2024
In accordance with
				  AS
				  36.30.687, upon a finding that the recipient
				  of a state contract made misrepresentation or fraudulent claims at any stage of
				  proceedings relating to a procurement or contract controversy the procurement
				  officer or the head of a purchasing agency may, after consulting with the
				  attorney general, declare the contract void.
Authority:
AS
					 36.30.040
AS
					 36.30.687
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 13 - Legal and Contractual Remedies › 2 AAC 12.695 - Protests of small procurements

Current through May 31, 2024
(a) An interested
				party shall attempt to informally resolve a dispute with the procurement
				officer regarding a small procurement. If the attempt is unsuccessful, the
				interested party may protest the solicitation or the award of a small
				procurement contract under
				AS
				36.30.320. The protest must be filed with the
				commissioner of the purchasing agency or the commissioner's designee. The
				protester must file a copy of the protest with the procurement officer for the
				purchasing agency.
(b) If
				protesting a solicitation issued under
				2 AAC 12.400, a protest shall be filed before the date
				and time that quotations or informal proposals are due to the purchasing
				agency.
(c) If protesting the award
				of a small procurement contract of not more than $50,000, the protest shall be
				filed within 10 days from 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 shall be filed
				within 10 days from the date that notice of award is made.
(e) To be accepted by the purchasing agency,
				a protest filed under (a) - (d) of this section shall contain the information
				required under
				AS
				36.30.560.
(f) The procurement officer shall immediately
				give notice of the protest to the contractor or, if no award has been made, to
				all firms or persons that were solicited for the small procurement.
(g) The appropriate commissioner or
				commissioner's designee shall
(1) with the
				concurrence of the protester, assign the protest to the procurement officer or
				other responsible state official for a final administrative resolution under
				alternate dispute resolution;
(2)
				issue a decision denying the protest and stating the reasons for
				denial;
(3) issue a decision that
				sustains the protest, in whole or in part, and instruct the procurement officer
				to implement an appropriate remedy; or
(4) conduct a hearing on the protest
				consistent with the procedures contained in
				AS
				36.30.670(b).
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 14 - Intergovernmental Relations › 2 AAC 12.700 - Requests for personnel, information, and services

Current through May 31, 2024
(a) A request made
				to a public procurement unit by another public procurement unit to provide or
				make available personnel, services, information, or technical services under
				AS
				36.30.730 must be complied with only to the
				extent that is mutually agreed upon.
(b) A request made to a state public
				procurement unit by another state public procurement unit to provide or make
				available personnel, services, information, or technical services under
				AS
				36.30.730 must comply with the procedures
				established by the office of management and budget.
(c) A request made to a state public
				procurement unit by another public procurement unit to provide or make
				available personnel, services, information, or technical services under
				AS
				36.30.730 must comply with AS 37.07, the
				Executive Budget Act.
Authority:
AS
					 44.17.030
Ak. Const.,
Art. III, sec. 1
Ak. Const.,
Art. III, sec. 16
Ak. Const.,
Art. III, sec.
					 24
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 14 - Intergovernmental Relations › 2 AAC 12.710 - Definition

Current through May 31, 2024
In
				  AS
				  36.30.790(5), "agency" means
				  the same as in
				  AS
				  36.30.990.
Authority:
AS
					 44.17.030
Ak. Const.,
Art. III, sec. 1
Ak. Const.,
Art. III, sec. 16
Ak. Const.,
Art. III, sec.
					 24
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.725 - Procurement limitations relating to human trafficking

Current through May 31, 2024
(a) Procurement may
				not be made from a person that has headquarters in a country listed in Tier 3
				of the most recent Trafficking in Persons Report published by the United States
				Secretary of State under 22
				U.S.C.
				7107(b)(1)(C).
(b) The commissioner may restrict procurement
				from a person that conducts business in, but does not have headquarters in, a
				country listed in Tier 3 of the most recent Trafficking in Persons Report
				published by the United States Secretary of State under
				22 U.S.C.
				7107(b)(1)(C).
Authority:
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.730 - Federal assistance

Current through May 31, 2024
If a procurement involves the expenditure of federal money or
				  requires federal assistance and there is a conflict between a provision of this
				  chapter and a federal statute, regulation, policy, or requirement, the
				  procurement officer shall comply with the federal statute, regulation, policy,
				  or requirement.
Authority:
AS
					 36.30.040
AS
					 36.30.890
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.735 - Use of federal general services administration contracts

Current through May 31, 2024
When making or planning a purchase through the General
				  Services Administration or from federal supply schedules of the General
				  Services Administration as authorized by
				  AS
				  36.30.910, a procurement officer
(1) shall review the scheduled price lists
				that are reasonably available when purchasing through the General Services
				Administration under
				AS
				36.30.910 or from federal supply
				schedules;
(2) may not purchase
				under this section if a mandatory state contract exists for the item or
				service;
(3) shall place the order
				with the schedule contractor offering the lowest delivered price unless the
				purchase is made under (4) of this section;
(4) may order an item that has a higher price
				than the lowest delivered price but only if the procurement officer makes a
				written determination that only the higher priced item will satisfy the state's
				needs; and
(5) may purchase only
				from a person that qualifies as an Alaska bidder under
				AS
				36.30.990(2).
Authority:
AS
					 36.30.040
AS
					 36.30.910