reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.740 - Authority to delegate

Current through May 31, 2024
(a) Except as otherwise provided by AS 36.30
				or this chapter, the chief procurement officer, commissioner of administration,
				commissioner of transportation and public facilities, or the commissioner of
				commerce, community, and economic development will, in their discretion,
				delegate their authority under AS 36.30 to an employee in a department or
				agency. Authority conferred on the head of a purchasing agency by AS 36.30 may
				be delegated by that officer to an employee in that purchasing agency. A
				delegation of authority must be in writing.
(b) The chief procurement officer,
				commissioner of administration, commissioner of transportation and public
				facilities, commissioner of commerce, community, and economic development, or
				the head of a purchasing agency may revoke authority that the officer has
				delegated.
(c) An employee
				delegated authority by the chief procurement officer, commissioner of
				administration, commissioner of transportation and public facilities,
				commissioner of commerce, community, and economic development, or the head of a
				purchasing agency, may exercise that authority only in accordance with the
				delegation, AS 36.30, and this chapter.
As of Register 171 (October 2004), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6) to reflect
					 the name change of the Department of Community and Economic Development to the
					 Department of Commerce, Community, and Economic Development made by ch. 47, SLA
					 2004 and the corresponding title change of the commissioner of community and
					 economic development.
Authority:
AS
					 36.30.040
AS
					 36.30.015
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.750 - Purchase requests by agencies

Current through May 31, 2024
(a) If the chief
				procurement officer believes that a purchase request is not in the best
				interests of the state or that further review is needed, the officer shall
				return the purchase request to the requesting agency.
(b) The chief procurement officer may decide
				when a procurement will be initiated.
Authority:
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.760 - Purchase of items separately from construction contract

Current through May 31, 2024
The commissioner of transportation and public facilities is
				  authorized to determine whether a supply item or group of supply items will be
				  included as a part of, or procured separately from, a contract for
				  construction.
Authority:
AS
					 36.30.005
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.770 - Trade secrets and confidential technical data

Current through May 31, 2024
The chief procurement officer and the commissioner of
				  transportation and public facilities may establish procedures to protect the
				  confidentiality of trade secret and confidential technical
				  data.
Authority:
AS
					 36.30.040
AS 36.30.140
AS
					 36.30.230
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.780 - Determination of contractual terms and conditions

Current through May 31, 2024
(a) The chief
				procurement officer may determine the contractual provisions, terms, and
				conditions of solicitations and contracts, if the provisions, terms, and
				conditions are not contrary to statutory or regulatory requirements governing
				the procurement and if all standard contract terms have been reviewed and
				approved as to form by the attorney general.
(b) The commissioner of transportation and
				public facilities may determine the contractual provisions and conditions of
				solicitations and contracts for construction and procurement of equipment or
				services for the state equipment fleet if the provisions, terms, and conditions
				are not contrary to statutory or regulatory requirements governing the
				procurement, and if all standard contract terms have been reviewed and approved
				as to form by the attorney general.
Authority:
AS
					 36.30.040
AS
					 36.30.340
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.790 - No restrictive terms and conditions

Current through May 31, 2024
Contractual terms and conditions may not have the effect of
				  unnecessarily limiting competition or exclusively requiring a proprietary
				  supply, service, or construction item or procurement from a single source
				  unless no other requirements will suffice.
Authority:
AS
					 36.30.040
AS
					 36.30.060
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.800 - Non-collusion certification

Current through May 31, 2024
Solicitations must provide that by submitting a bid or offer,
				  the bidder or offeror certifies under penalty of perjury that the price
				  submitted was independently arrived at without collusion.
Authority:
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.810 - Bid, payment, and performance bonds for contracts

Current through May 31, 2024
Bid, payment, and performance bonds or other security shall
				  be required for all construction contracts over $100,000, and may be required
				  for contracts as the chief procurement officer, the head of a purchasing
				  agency, or the officer's designee deems advisable to protect the interests of
				  the state. Any such requirements must be set out in the solicitation.
				  Irrevocable letters of credit may be substituted for the required bond at the
				  discretion of the head of the purchasing agency.
Authority:
AS
					 36.30.040
AS
					 36.30.120
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.820 - Installment purchase contracts

Current through May 31, 2024
Supply contracts may provide for installment purchase
				  payments, including interest charges, over a period of time. If the procurement
				  is made by competitive sealed bid or competitive sealed proposal, an
				  installment payment agreement may not be used unless provision for installment
				  payments is included in the solicitation.
Authority:
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.830 - Alternate bids or proposals

Current through May 31, 2024
Alternate bids or proposals are nonresponsive unless the
				  solicitation states that such bids or proposals may be
				  accepted.
Authority:
AS
					 36.30.040
AS 36.30.110
AS
					 36.30.210
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.840 - Conditioning bids or proposals

Current through May 31, 2024
(a) A bid or
				proposal that is conditioned upon receiving award of both the particular
				contract being solicited and another state contract is nonresponsive unless
				conditioned bids are specifically authorized in the invitation to
				bid.
(b) A bid that is conditioned
				by the bidder and the condition requires a change to a material term of the
				solicitation is nonresponsive unless conditioned bids are specifically
				authorized in the invitation to bid.
(c) A proposal that is conditioned by the
				offeror and the condition requires a change to a material term of the
				solicitation may be rejected. The reasons for the rejection include the
				following:
(1) the condition does not meet the
				goals of the solicitation;
(2) the
				condition would violate AS 36.30 or other statutes and regulations;
(3) the condition is not in the best interest
				of the state.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.850 - Extension of solicitation opening time; cancellation of solicitation; amendment of solicitation

Current through May 31, 2024
(a) Before the opening of bids or proposals,
				a solicitation may be amended, or time for opening may be extended, upon the
				procurement officer's determination that the extension or amendment is in the
				state's best interest. All potential bidders or offerors known to have copies
				of the solicitation shall be advised of the extension or amendment.
(b) Before the opening of bids or proposals,
				a solicitation may be cancelled in whole or in part if the chief procurement
				officer or the head of a purchasing agency issuing a solicitation determines
				that cancellation is in the state's best interest. Reasons for cancellation
				include the following:
(1) the state no longer
				requires the supplies, services, or construction;
(2) the state no longer can reasonably expect
				to pay for the procurement;
(3)
				proposed amendments to the solicitation would be of such magnitude that a new
				solicitation is desirable; or
(4)
				the officer, after consultation with the attorney general, determines that a
				solicitation is in violation of the law.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.860 - Rejection of all bids or proposals

Current through May 31, 2024
After the opening of bids or proposals or after notice of
				  intent to award but before award, all bids or proposals may be rejected in
				  whole or in part by the chief procurement officer or the head of a purchasing
				  agency issuing the solicitation. Reasons for rejection include the
				  following:
(1) the supplies, services,
				or construction being procured are no longer required;
(2) ambiguous or otherwise inadequate
				specifications were part of the solicitation;
(3) the solicitation did not provide for
				consideration of all factors of significance to the state;
(4) prices exceed available money and it
				would not be appropriate to adjust quantities to accommodate available
				money;
(5) all otherwise acceptable
				bids or proposals received are at unacceptable prices;
(6) there is reason to believe that the bids
				or proposals may not have been independently arrived at in open competition,
				may have been collusive, or may have been submitted in bad faith; or
(7) the award is not in the best interests of
				the state.
Authority:
AS
					 36.30.040
AS
					 36.30.350
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.870 - Rejection of individual bids or proposals

Current through May 31, 2024
Reasons for rejecting an individual bid or proposal include
				  the following:
(1) the business that
				submitted the bid or proposal is not responsible as determined under standards
				set out in 2 AAC 12.500;
(2) the bid or proposal is
				nonresponsive;
(3) the bidder or
				offeror did not meet the qualification requirements of
				2 AAC 12.875;
(4) the supply, service, or construction item
				fails to meet the specifications or other acceptability criteria set out in the
				solicitation; or
(5) the bid or
				proposal fails to meet the goals or other provisions set out in the
				solicitation to eliminate and prevent in state contracting discrimination
				because of race, religion, color, national origin, sex, age, marital status,
				pregnancy, parenthood, or disability.
Authority:
AS
					 36.30.040
AS
					 36.30.350
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.875 - Qualified bidders or offerors

Current through May 31, 2024
(a) Unless provided
				for otherwise in the solicitation, to qualify as a bidder or offeror for award
				of a contract issued under AS 36.30, a bidder or offeror must
(1) add value in the contract by actually
				performing, controlling, managing, or supervising the services to be provided;
				or
(2) be in the business of
				selling and have actually sold on a regular basis the supplies that are the
				subject of the solicitation.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.880 - Disposition of bids or proposals

Current through May 31, 2024
(a)If an invitation
				to bid is canceled before opening, bids may be returned upon request. If bids
				are rejected after opening, the bids must be retained in the procurement file.
(b)If anytime during the
				solicitation process a request for proposals is canceled, the procurement
				officer may return proposals if the time for filing a protest has expired and a
				protest has not been filed.
(c)The
				procurement officer shall keep a list of returned bids or proposals in the
				procurement file.
Authority:
AS
					 36.30.040
AS 36.30.250
AS 36.30.350
AS
					 36.30.230
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.890 - Application of preferences

Current through May 31, 2024
Except for the Alaska products preference, under
				  AS
				  36.30.328 if multiple preferences apply to a
				  solicitation, the values of the applicable preferences shall be summed and
				  applied to the qualifying bid. If applying the Alaska products preference, the
				  preference shall only be applied to the qualifying product.
Authority:
AS
					 36.30.040
AS 36.30.321
AS 36.30.328
AS
					 36.30.336
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.900 - Tied bids or proposals

Current through May 31, 2024
Tied bids are low bids that are responsive, responsible, and
				  identical in price after application of preferences under
				  AS
				  36.30.321. Tied proposals are highest ranked
				  proposals that are responsive, responsible, and identical in score after
				  application of preferences under
				  AS
				  36.30.321. If tied bids or proposals exist,
				  award shall be made through a random drawing. Award may not be made by dividing
				  the procurement among identical bidders.
Authority:
AS
					 36.30.040
AS
					 36.30.150
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.910 - Extension of time for bid or proposal acceptance

Current through May 31, 2024
After opening bids or proposals, a procurement officer may
				  request bidders or offerors to extend the time during which the state may
				  accept a bid or proposal.
Authority:
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 15 - Miscellaneous Provisions › 2 AAC 12.920 - Multiple award

Current through May 31, 2024
A multiple award may be made if award to two or more bidders
				  or offerors of similar products is necessary for adequate delivery, service, or
				  product compatibility. A multiple award shall be made in accordance with the
				  provisions relating to competitive sealed bidding, competitive sealed
				  proposals, small purchases, and emergency procurements, as applicable. Multiple
				  awards may not be made if a single award will meet the state's needs without
				  sacrifice of economy or service. Awards may not be made for the purpose of
				  dividing the procurement, or to allow for user preference unrelated to utility
				  or economy.
Authority:
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 16 - Design-Build Construction Contracts › 2 AAC 12.931 - Purpose

Current through May 31, 2024
The provisions of
				  2 AAC 12.931 -
				  2 AAC 12.949 set out requirements for the procurement
				  and administration under
				  AS
				  36.30.200(c) of design-build
				  construction contracts.
Authority:
AS
					 36.30.040
AS
					 36.30.200
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 16 - Design-Build Construction Contracts › 2 AAC 12.933 - General design-build requirements

Current through May 31, 2024
(a) The procurement
				officer may conduct a design-build procurement process only if the commissioner
				of transportation and public facilities determines in writing that it is
				advantageous to the state.
(b) When
				a design-build procurement process is used, the request for proposals must
				solicit a single price for both design and construction services. Nothing in
				this subsection prohibits a multi-step award process.
(c) The provisions of
				2 AAC 12.931 -
				2 AAC 12.949 apply to, and are incorporated in, all
				design-build construction contracts entered by an agency.
(d) Design-build construction contracts must
				be procured
(1) in accordance with
				AS
				36.30.200-36.30.265; and
(2) except as provided in
				2 AAC 12.931 -
				2 AAC 12.949, in accordance with
				2 AAC 12.220 -
				2 AAC 12.315 (Competitive Sealed Proposals); in the case
				of inconsistency with
				2 AAC 12.220 -
				2 AAC 12.315, the provisions of
				2 AAC 12.931 -
				2 AAC 12.949 control.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 16 - Design-Build Construction Contracts › 2 AAC 12.935 - Design-builders

Current through May 31, 2024
(a) A design-builder must have a valid
				business license issued under AS 43.70 and 12 AAC 12, and must be
(1) registered as a general contractor in
				accordance with AS 08.18 and 12 AAC 21; or
(2) licensed as an architect or engineer in
				accordance with AS 08.48 and 12 AAC 36.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 16 - Design-Build Construction Contracts › 2 AAC 12.937 - Development of performance criteria

Current through May 31, 2024
The agency shall establish the scope and level of detail
				  required for performance criteria contained in a request for proposals. The
				  performance criteria must be detailed enough to permit offerors to submit
				  proposals in accordance with the request for proposals.
Authority:
AS
					 36.30.040
AS
					 36.30.200
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 16 - Design-Build Construction Contracts › 2 AAC 12.941 - Preparation and submission of proposals

Current through May 31, 2024
(a) An offeror must
				submit its proposal to the agency at the specific place and at or before the
				specific time identified in the request for proposals.
(b) An offeror must complete any form
				required in the request for proposals and provided by the agency. The offeror
				must include with its proposal each completed form and any necessary attachment
				or additional information.
(c)
				Proposals shall be sealed and may not be opened until expiration of the time
				set in the request for proposals for submitting proposals.
(d) If the request for proposals requires a
				cash deposit or bond as described in
				2 AAC 12.939(b), the deposit or bond is
				subject to forfeiture if the proposal is accepted but the offeror fails to
				execute the design-build construction contract.
(e) For each discipline that an agency
				identifies in the request for proposals, proposals must identify each person
				within that discipline to whom the offeror proposes to subcontract obligations
				under the design-build construction contract. A person that the offeror
				identifies may not be replaced without the approval of the agency.
Authority:
AS
					 36.30.040
AS
					 36.30.200
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 16 - Design-Build Construction Contracts › 2 AAC 12.943 - Evaluation and award of design-build contracts

Current through May 31, 2024
(a) The agency
				shall use one or a combination of the following methods as a basis for award
				unless the commissioner of transportation and public facilities approves
				another method:
(1) the best value method, in
				which the agency gives numerical scores to technical proposals, and then uses
				those numerical scores and the bid price to establish a best value in
				accordance with a formula published in the request for proposals;
(2) the two-step method, in which the agency
(A) first, uses a request for qualifications
				and the qualification factors under
				2 AAC 12.935 to short-list offerors; the request for
				qualifications must contain, at a minimum, the following elements:
(i) the date on or before which the agency
				must receive qualifications submissions; that date may not be less than 21 days
				after issuance of the request for qualifications;
(ii) the qualifications the offerors will be
				required to have;
(iii) a
				description of the project in enough detail to let offerors determine if they
				wish to compete and to form the basis for their qualification
				submissions;
(iv) qualification
				factors and their relative weights;
(v) identification of the maximum number of
				offerors that will be permitted, at the second step described in (B) of this
				paragraph, to submit price and technical proposals; the maximum number may not
				exceed five offerors, unless the procurement officer determines that a maximum
				number greater than five is in the best interest of the state; and
(B) second, uses a request for
				proposals to evaluate price and technical proposals from the offerors that are
				short-listed;
(3) the
				low-bid method, in which
(A) an offeror must
				submit a technically qualified proposal in order for the agency to consider the
				bid; and
(B) the agency awards the
				design-build construction contract to the offeror that submits a proposal that
				is technically qualified and lowest price.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 16 - Design-Build Construction Contracts › 2 AAC 12.945 - Protests and claims

Current through May 31, 2024
Protests and claims arising from the procurement process
				  under 2 AAC 12.931 -
				  2 AAC 12.949 shall be reviewed in accordance with
				  AS
				  36.30.550-36.30.699, as
				  applicable.
Authority:
AS
					 36.30.040
AS
					 36.30.200
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 16 - Design-Build Construction Contracts › 2 AAC 12.949 - Definitions

Current through May 31, 2024
In
				  2 AAC 12.931 -
				  2 AAC 12.949, unless the context requires
				  otherwise,
(1) "agency" means
(A) the Department of Transportation and
				Public Facilities; or
(B) an agency
				within the meaning of
				AS
				36.30.990 to which the commissioner of
				transportation and public facilities has delegated, under
				AS
				36.30.015, authority to contract for
				construction;
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.950 - Arbitration agreement

Current through May 31, 2024
(a) This chapter applies to, and its
				provisions are incorporated in, all construction contracts entered by the
				Department of Transportation and Public Facilities.
(b) A person entering a construction contract
				with the Department of Transportation and Public Facilities and who requests or
				agrees to arbitration of a claim involving that contract will be considered to
				have agreed to arbitration of construction claims as provided in AS 36.30
				(State Procurement Code) and
				2 AAC 12.950 -
				2 AAC 12.989.
Authority:
AS
					 36.30.040
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.952 - Arbitration request

Current through May 31, 2024
(a) To initiate arbitration under
				AS
				36.30.627(a)(1), a
				contractor must file a written arbitration request with the commissioner. The
				arbitration request must be filed together with the appeal from the procurement
				officer's decision required by
				AS
				36.30.625.
(b) The arbitration request must state the
				amount of the claim and must describe the claim in sufficient detail to make
				the circumstances of the dispute clear to the arbitrator.
(c) The contractor shall certify that the
				claim is made in good faith, that the supporting data are accurate and complete
				to the best of the contractor's knowledge and belief, and that the amount of
				the claim accurately states the amount for which the contractor believes the
				state is liable.
(d) The contractor
				shall serve a copy of the arbitration request and the appeal on the procurement
				officer at the time the contractor files the arbitration request and the appeal
				with the commissioner.
Authority:
AS
					 36.30.040
AS 36.30.627
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.954 - Answering statement

Current through May 31, 2024
(a) The procurement officer shall file a
				written answering statement with the commissioner within 30 days after service
				of the arbitration request and appeal. The answering statement must raise any
				counterclaim asserted by the agency. The answering statement must state the
				amount of the counterclaim and describe the counterclaim in sufficient detail
				to make the counterclaim clear to the arbitrator.
(b) If the amount of the claim and the amount
				of the counterclaim added together is $250,000 or more, the answering statement
				must state whether the agency agrees to arbitration of the claim.
(c) The procurement officer shall certify
				that any counterclaim is made in good faith, that the supporting data are
				accurate and complete to the best of the procurement officer's knowledge and
				belief, and that the amount of the counterclaim accurately states the amount
				for which the procurement officer believes the contractor is liable.
(d) The procurement officer shall serve a
				copy of the answering statement upon the contractor at the time the procurement
				officer files the answering statement with the commissioner.
Authority:
AS
					 36.30.040
AS 36.30.627
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.956 - Referral to arbitrator

Current through May 31, 2024
(a) If the total amount of the claim and any
				counterclaim is less than $250,000, or if the total amount of the claim and any
				counterclaim is $250,000 or more and the agency agrees to arbitration, the
				commissioner shall refer the appeal to a single neutral arbitrator.
(b) If the total amount of the claim and any
				counterclaim is more than $1,000,000, and the agency agrees to arbitration, the
				commissioner may refer the appeal to a panel of three neutral arbitrators. The
				parties may, by mutual agreement, waive a panel and have the claim and any
				counterclaim heard by a single arbitrator.
(c) The commissioner shall provide the
				arbitrator or panel with copies of the notice of appeal, the arbitration
				request, the answering statement, and any supporting documents filed by the
				parties with the commissioner.
Authority:
AS
					 36.30.040
AS 36.30.627
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.958 - Arbitrator list

Current through May 31, 2024
(a) The commissioner shall maintain a list of
				neutral arbitrators who have agreed to conduct arbitrations of construction
				claims under AS 36.20.627 and
				2 AAC 12.950 -
				2 AAC 12.989.
(b) An arbitrator for a claim and any
				counterclaim that total less than $250,000 must be an
(1) attorney licensed under AS 08.08 to
				practice law in the state, with a minimum of ten years' experience, including
				experience in the areas of construction law or public procurement law;
				or
(2) architect or engineer
				licensed under AS 08.48 to practice in the state, with a minimum of ten years'
				experience, including experience in public construction or public contract
				administration.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.960 - Arbitrator referral

Current through May 31, 2024
(a) The commissioner shall serve a copy of
				the current list of arbitrators to the parties following the filing of the
				answering statement.
(b) The
				parties shall promptly confer and, within 15 days after the date the list was
				served, shall notify the commissioner as to whether they agree on an arbitrator
				or, if the commissioner has referred the appeal to a panel under
				2 AAC 12.956(b), on three arbitrators,
				subject to the requirements in
				2 AAC 12.958(d) regarding composition
				of the panel. The parties shall provide the names of the agreed arbitrator or
				panel to the commissioner.
(c) If
				the parties agree on an arbitrator or a panel, the commissioner shall refer the
				appeal to that arbitrator or panel.
(d) If the parties do not agree on an
				arbitrator or a panel, each party shall, within 15 days after the date the list
				was served, strike from the list the name of each arbitrator to whom the party
				objects, number the remaining names in order of preference, and return the list
				to the commissioner. The commissioner shall select an arbitrator or a panel
				from remaining names on the list based on the parties' orders of preference,
				and shall refer the appeal to that arbitrator or panel.
(e) If a party does not return the list to
				the commissioner within 15 days after the date the list was served, the
				commissioner may consider all arbitrators on the list to be acceptable to that
				party. If a party strikes all names from the list, or if, for purposes of
				assembling a panel, the party does not provide unstruck names sufficient to
				assemble a panel in accordance with the composition requirements in
				2 AAC 12.958(d), the commissioner may
				select any arbitrator or a panel from the list, and refer the appeal to that
				arbitrator or panel, subject to recusal, disclosure, and challenge under
				2 AAC 12.962.
Authority:
AS
					 36.30.040
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.962 - Recusal, disclosure, and challenge

Current through May 31, 2024
(a) An arbitrator
				shall decline appointment if any circumstance prevents the arbitrator from
				being impartial or independent, including any bias, any personal or financial
				interest in the outcome of the arbitration, or any past or present business or
				personal relationships with the parties or their representatives.
(b) An arbitrator shall disclose to the
				parties any circumstances that might reflect adversely on the arbitrator's
				impartiality or independence, even if the arbitrator does not believe those
				circumstances justify recusal.
(c)
				A party may challenge an arbitrator by filing a request for recusal with the
				commissioner within five days after the date the party receives the
				arbitrator's disclosure. The request must describe the basis for recusal in
				sufficient detail to make the alleged grounds clear to the commissioner. A copy
				shall be served on the other party and the arbitrator. The other party may file
				and serve a response within five days after service of the request for recusal.
				The arbitrator may not file a response.
(d) After reviewing a request for recusal and
				the response, if any, the commissioner shall determine whether to recuse the
				arbitrator. The commissioner's decision is final and binding.
Authority:
AS
					 36.30.040
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.964 - Vacancies

Current through May 31, 2024
(a) If an arbitrator is unable to perform the
				duties of the office for any reason, including recusal, the commissioner shall
				appoint a substitute arbitrator in accordance with
				2 AAC 12.958 -
				2 AAC 12.960, and shall reassign the appeal to that
				arbitrator.
(b) If a vacancy occurs
				in a panel, the remaining arbitrator or arbitrators shall continue with the
				determination of the dispute, unless the parties jointly request the
				commissioner to appoint a substitute arbitrator in accordance with
				2 AAC 12.958 -
				2 AAC 12.960.
(c) A substitute arbitrator is subject to the
				same requirements of disclosure, recusal, and challenge under
				2 AAC 12.962 as an arbitrator initially
				appointed.
(d) A substitute
				arbitrator shall promptly review the record and shall resume the appeal process
				from the point where the previous arbitrator left it.
Authority:
AS
					 36.30.040
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.966 - Communication with arbitrator and service of documents

Current through May 31, 2024
(a) A party or a
				person acting on behalf of a party may not communicate unilaterally with the
				arbitrator concerning the dispute, except with the other party's authorization
				and for the limited purpose of scheduling a time, place or date for a
				proceeding.
(b) The arbitrator may
				not discuss the appeal with any witness or third party and may not comment on
				the arbitration to the press or public.
(c) Correspondence, documents, and electronic
				mail filed with or delivered to the arbitrator by a party shall be served upon
				the other party in the manner prescribed for service of pleadings in the Alaska
				Rules of Civil Procedure.
Authority:
AS
					 36.30.040
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.968 - Public access

Current through May 31, 2024
(a) Correspondence, documents, and electronic
				mail filed with or delivered to the arbitrator or the commissioner by the
				parties relating to the appeal, recordings and transcripts of arbitrations, and
				decisions and orders of the arbitrator or panel are public records.
(b) The arbitrator's or panel's notes,
				drafts, research, and other deliberative materials and work product are
				confidential.
(c) Arbitrations and
				pre-arbitration proceedings are open to the public.
Authority:
AS
					 36.30.040
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.970 - Preliminary conference

Current through May 31, 2024
(a) The arbitrator may schedule one or more
				preliminary conferences at the arbitrator's own initiative or at the request of
				a party. A panel shall designate one of its members to conduct preliminary
				conferences. Preliminary conferences may be conducted by telephone.
(b) At a preliminary conference, the
				arbitrator shall address any matters relating to scheduling and the future
				conduct of the case, including clarification of the claims, a schedule for the
				arbitration, motions, subpoenas, exchange of expert reports, discovery
				disputes, and any other preliminary matters raised by the parties.
(c) After the preliminary conference,
				requests to postpone a scheduled hearing may only be granted on a showing of
				good cause.
Authority:
AS
					 36.30.040
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.972 - Discovery and exchange of information

Current through May 31, 2024
(a) At the request
				of any party or at the arbitrator's own initiative, the arbitrator may direct
				the production of documents, the identification of witnesses to be called
				including the anticipated topics of testimony, and any other discovery that the
				arbitrator considers necessary or desirable.
(b) The arbitrator may direct the parties to
				prepare and file stipulations of uncontested facts.
(c) The arbitrator may not allow discovery
				other than discovery allowed under
				AS
				09.43.070,
				AS
				36.30.629, and this section, except as
				ordered by the arbitrator in extraordinary cases and upon a clear showing that
				the interests of justice so require.
(d) The arbitrator shall rule on discovery
				disputes. The arbitrator may impose sanctions, including claim preclusion, if a
				party fails to comply with the arbitrator's discovery decisions.
(e) The arbitrator shall resolve discovery
				matters in a manner consistent with the expedited nature of
				arbitration.
Authority:
AS
					 36.30.040
AS 36.30.629
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.974 - Attendance

Current through May 31, 2024
(a) The parties or their representatives
				shall attend the arbitration and all related proceedings. A party may be
				represented by an attorney.
(b) If
				a party or its representative fails to appear at a proceeding, and the
				arbitrator proceeds in the party's absence as provided in
				AS
				36.30.695(f), a decision may
				not be entered solely on the grounds of default. The party who is present at a
				proceeding shall submit such evidence and argument as the arbitrator may
				require to make a decision.
Authority:
AS
					 36.30.040
AS 36.30.695
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.976 - Conduct of arbitration

Current through May 31, 2024
(a) The parties shall exchange copies of all
				exhibits they intend to introduce at least five business days before the
				arbitration, and shall provide each arbitrator with a complete copy of the
				proposed exhibits.
(b) The parties
				shall each make a brief opening argument at the start of the
				arbitration.
(c) The contractor
				shall present its evidence in support of the claim. The agency shall then
				present its evidence opposing the claim and in support of any counterclaim. If
				a counterclaim is presented, the contractor may present rebuttal
				evidence.
(d) The parties may
				cross-examine opposing witnesses. The arbitrator may ask questions of witnesses
				and of the parties or their representatives at any time.
(e) Following presentation of the evidence,
				the parties shall each present a brief closing argument and shall specify the
				relief requested.
(f) The
				arbitrator shall declare the record on the claim closed when the arbitrator is
				satisfied that the presentations of the parties are complete.
(g) If the arbitrator requests documents or
				briefs to be filed following the arbitration, the record on the claim shall be
				declared closed as of the final date set by the arbitrator for receipt of the
				documents or briefs.
(h) The time
				in which, under
				AS
				36.30.695(b), the arbitrator
				must issue a decision begins to run on the day after the date the record on the
				claim is declared closed.
(i) The
				arbitrator may vary the procedures in this section, and may limit the time
				allowed for any of these procedures, if each party is given a fair opportunity
				to present its case.
Authority:
AS
					 36.30.040
AS 36.30.695
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.978 - Authority of arbitrator

Current through May 31, 2024
(a) The arbitrator
				or panel shall be in charge of the arbitration and all related proceedings, and
				shall have the full authority of a hearing officer as described in
				AS
				36.30.670(b).
(b) The arbitrator or panel shall conduct the
				arbitration fairly, impartially, and informally, with a view to expediting
				resolution of the dispute.
(c) The
				arbitrator's or panel's rulings on all preliminary and procedural matters,
				including venue, scheduling, discovery, and evidentiary matters, are final and
				binding on the parties.
(d) The
				arbitrator or panel may not participate in settlement discussions between the
				parties or in a mediation with the parties.
Authority:
AS
					 36.30.040
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.980 - Evidence

Current through May 31, 2024
(a) The formal rules of evidence do not apply
				to arbitrations under
				AS
				36.30.627 and
				2 AAC 12.950 -
				2 AAC 12.989, with the exception of legal privileges
				recognized by the law of this state, including the attorney-client privilege
				and the spousal privilege.
(b) The
				arbitrator shall determine the admissibility, relevance, and materiality of
				evidence. Evidence of any type may be admitted if a reasonable person would
				rely upon it in the conduct of serious affairs, and if admission of the
				evidence would further the arbitrator's understanding of the matter.
(c) The arbitrator shall determine the
				admissibility, relevance, and materiality of evidence offered. The arbitrator
				may refuse to admit or may disregard evidence that the arbitrator considers
				cumulative, unreliable, or unnecessary. The arbitrator may limit or reject
				presentation of evidence that the arbitrator considers of slight value compared
				to the time and effort involved in presentation.
(d) The arbitrator may order the exclusion of
				any witness other than a party or the party's representative.
Authority:
AS
					 36.30.040
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.982 - Burden of proof

Current through May 31, 2024
The party presenting the claim or counterclaim has the burden
				  of proving the claim or counterclaim by a preponderance of the
				  evidence.
Authority:
AS
					 36.30.040
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.984 - Record and transcript

Current through May 31, 2024
(a) The arbitration shall be tape-recorded. A
				party requesting copies of the tapes shall pay the costs of duplication and
				make any necessary arrangements to duplicate the tapes.
(b) A party desiring a transcript shall make
				arrangements directly with a court reporter. The requesting party shall pay the
				costs of the court reporter and the transcript, if prepared.
(c) If a transcript is prepared, a copy shall
				be provided to the arbitrator at no cost. A copy shall be provided to the other
				party upon payment of its pro rata share of the court reporter and transcript
				costs incurred by the requesting party.
Authority:
AS
					 36.30.040
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.986 - Form of decision

Current through May 31, 2024
(a) The arbitrator's decision must be
				written. The original shall be filed with the commissioner and served on the
				parties within the time limits set out in
				AS
				36.30.695(b).
(b) In the decision, the arbitrator shall
				state the relief granted and shall provide sufficient detail to make the basis
				of the arbitrator's resolution of the claim clear. Findings of fact and
				conclusions of law are not required if the arbitrator considers them
				unnecessary to an understanding of the arbitrator's reasoning.
(c) In the decision, the arbitrator shall
				identify the prevailing party in the claim or state that there is no prevailing
				party.
(d) In the decision, the
				arbitrator shall state whether the expenses of the arbitrator, including the
				arbitrator's fees, any required travel, and any other expenses of the
				arbitrator, shall be borne equally by the parties or assessed in whole or part
				against a specified party.
Authority:
AS
					 36.30.040
AS 36.30.631
AS 36.30.695
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.987 - Attorneys fees and costs

Current through May 31, 2024
(a) The prevailing
				party may file a motion for attorney's fees and costs with the arbitrator in
				accordance with Alaska Rules of Civil Procedure 68, 79, and 82. For purposes of
				Alaska Rule of Civil Procedure 68(b), the arbitrator shall consider one of the
				following dates to be the equivalent of the date on which parties in a civil
				action have made disclosures required by Alaska Rule of Civil Procedure 26:
(1) the date set under
				2 AAC 12.970 -
				2 AAC 12.972 as a deadline for mutual initial
				disclosure, if any;
(2) if a
				deadline for mutual initial disclosure has not been set, a date that the
				arbitrator sets with consideration to the specific discovery methods applied to
				a particular arbitration.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.988 - Rules of procedure

Current through May 31, 2024
In the event of conflict between a provisions of
				  AS
				  09.43.010-09.43.180 (Uniform Arbitration
				  Act) and a provision of AS 36.30, the provision of AS 36.30 shall be given
				  precedence in arbitrations conducted under
				  2 AAC 12.950 -
				  2 AAC 12.989.
Authority:
AS
					 36.30.040
AS 36.30.690
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 17 - Construction Arbitration Procedures › 2 AAC 12.989 - Definitions for construction arbitration procedures

Current through May 31, 2024
In
				  2 AAC 12.950 -
				  2 AAC 12.989, unless the context requires
				  otherwise,
(1) "business day" means a
				day other than Saturday, Sunday, or a state holiday;
(2) "commissioner" means the commissioner of
				transportation and public facilities.
Authority:
AS
					 36.30.040
AS
					 36.30.870
Alaska Administrative Code › Title 2 - Administration › Chapter 15 - Purchasing › 2 AAC 15.115 - Payment for state purchases of goods or services

Current through May 31, 2024
(a) If payment for
			 goods or services purchased by a state agency is not made on or before a
			 required payment date as specified in
			 AS
			 37.05.285(a), the state
			 agency shall pay interest on the unpaid balance in accordance with
			 AS
			 37.05.285(c).
(b) If a seller of goods or services believes
			 that interest is owed on a payment made by a state agency, the seller shall,
			 within 30 days after receipt of the payment, submit to the billing address of
			 the state agency a written request for payment of interest. A request for
			 payment of interest must include
(1) the
			 contract or purchase order number;
(2) the date of delivery of goods or
			 services;
(3) the state warrant
			 number and the date the warrant was received;
(4) a certified copy of the invoice submitted
			 for payment; and
(5) a calculation
			 of the amount of interest due.
Alaska Administrative Code › Title 2 - Administration › Chapter 15 - Purchasing › 2 AAC 15.120 - Definitions (Repealed)

Current through May 31, 2024
Regulations in this chapter were voluntarily filed without
				  formal promulgation on 12/14/72. Amended or restated regulations since that
				  date have been adopted under the Administrative Procedure Act on the dates
				  indicated in each section.