Sec. 36.30.750. Contract claims of other procurement units.
(a) Under a cooperative purchasing agreement, claims arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved in accordance with AS 36.30.560 – 36.30.699. (b) A local public procurement unit that is not subject to AS 36.30.560 – 36.30.699 may enter into an agreement with another local public procurement […]
Sec. 36.30.790. Definitions.
In AS 36.30.700 – 36.30.790, (1) “cooperative purchasing” means procurement conducted by, or on behalf of, more than one public procurement unit, or by a public procurement unit with an external procurement activity; (2) “external procurement activity” means a buying organization not located in this state that, if located in this state, would qualify as […]
Sec. 36.30.850. Application of this chapter.
(a) This chapter applies only to contracts solicited or entered into after January 1, 1988, unless the parties agree to its application to a contract solicited or entered into before that date. (b) This chapter applies to every expenditure of state money by the state, acting through an agency, under a contract, except that this […]
Sec. 36.30.860. Supplementary general principles of law applicable.
Unless displaced by the particular provisions of this chapter, the principles of law and equity, including AS 45.01 – AS 45.08, AS 45.12, 45.14, and 45.29 (Uniform Commercial Code), the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, or bankruptcy shall supplement the provisions of this chapter.
Sec. 36.30.870. Adoption of regulations.
(a) Regulations under this chapter shall be adopted in accordance with AS 44.62 (Administrative Procedure Act). (b) Regulations under this chapter applicable to procurements of construction, leases of space for the executive branch of state government, or procurements for or disposal of property of the state equipment fleet shall be adopted by the commissioner of […]
Sec. 36.30.880. Requirement of good faith.
All parties involved in the negotiation, performance, or administration of state contracts shall act in good faith.
Sec. 36.30.890. Federal funds or assistance.
If a procurement involves the expenditure of federal funds or federal assistance and there is a conflict between a provision of this chapter or a regulation adopted under a provision of this chapter and a federal statute, regulation, policy, or requirement, the federal statute, regulation, policy, or requirement shall prevail.
Sec. 36.30.910. Purchases through general services administration.
Notwithstanding any other provision of this chapter, purchasing through the general services administration or from federal supply schedules of the general services administration may be made without competitive sealed bidding, competitive sealed proposals, or other competition, so long as the purchasing is from persons located in the state in accordance with regulations adopted by the […]
Sec. 36.30.695. Other rules of procedure.
(a) The commissioner may adopt by regulation additional rules of procedure providing for the expeditious arbitration, hearing, and other administrative review of all contract claims, both before the contracting agency and through an appeal heard de novo. (b) Except as provided by (c) of this section, an arbitrator shall issue a final decision, and a […]
Sec. 36.30.631. Attorney fees, costs, and offers of judgment.
(a) An arbitrator in the arbitration of a construction contract claim under AS 36.30.627(a)(1) and a hearing officer for the hearing of a construction contract claim conducted under AS 36.30.627(a)(2) shall award the prevailing party attorney fees and costs incurred in the arbitration or hearing. The award shall be made as provided by Rules 68, […]