Sec. 36.90.220. Optional contractual terms.
Notwithstanding AS 36.90.210 and 36.90.230, the prime contractor or a subcontractor may negotiate and include in a public construction or public works subcontract a provision that permits (1) the prime contractor or a subcontractor to determine that part or all of a subcontractor’s request for payment may be withheld for unsatisfactory performance under the subcontract; […]
Sec. 36.90.230. Withholding payment for unsatisfactory performance.
(a) If the prime contractor on a public construction or public works contract, after making a request for payment to the state or political subdivision but before paying a subcontractor for the subcontractor’s performance covered by the payment request, discovers that part or all of the payment otherwise due to the subcontractor is subject to […]
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. 36.30.920. Reporting of anticompetitive practices.
When for any reason collusion or other anticompetitive practices are suspected among bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general by the person who suspects the collusion or other anticompetitive practices.
Sec. 36.30.930. Civil and criminal penalties.
The following penalties apply to violations of this chapter: (1) a person who contracts for or purchases supplies, equipment for the state fleet, services, professional services, or construction in a manner the person knows to be contrary to the requirements of this chapter or the regulations adopted under this chapter is liable for all costs […]
Sec. 36.30.940. Enforcement.
The attorney general on behalf of the state shall enforce the provisions of this chapter.
Sec. 36.30.950. Severability.
If any provision of this chapter or any application of this chapter to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared severable.
Sec. 36.30.960. Background investigation for contractors with access to federal tax information.
(a) Upon request of an agency, the procurement officer shall notify each contractor if a contract with the state requires access to federal tax information for performance of the contract. Each contractor with the state whose duties require access to federal tax information shall submit to and pass a background investigation that includes a state […]