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. 36.90.100. Contracts for architectural, engineering, land surveying, or landscape architectural services.
The state or a municipality may not award a contract for architectural, engineering, land surveying, or landscape architectural services to (1) an individual who is not registered under AS 08.48 to perform the architectural, engineering, land surveying, or landscape architectural services required by the contract; (2) a partnership, except as provided by (3) of this […]
Sec. 36.30.665. Limited participation by debarred person.
The commissioner of administration or the commissioner of transportation and public facilities may permit a debarred person to participate in a contract on a limited basis during the debarment period if the commissioner determines in writing that the participation is advantageous to the state. The determination shall specify the factors on which it is based […]
Sec. 36.30.670. Hearing procedures.
(a) The chief administrative law judge (AS 44.64.010) shall assign an administrative law judge to act as a hearing officer for a hearing conducted under this chapter. The hearing officer shall arrange for a prompt hearing and notify the parties in writing of the time and place of the hearing. The hearing shall be conducted […]
Sec. 36.30.675. Recommended decision and commissioner action.
(a) The hearing officer shall recommend a decision to the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, based on the evidence presented. The recommendation must include findings of fact and conclusions of law. (b) The commissioner of administration or the commissioner of transportation and public facilities may affirm, modify, […]
Sec. 36.30.680. Final decision by the commissioner.
A decision by the commissioner of administration or the commissioner of transportation and public facilities after a hearing under this chapter is final. A decision shall be sent within 20 days after the hearing to all parties by personal service or certified mail, except that a decision by the commissioner of transportation and public facilities […]
Sec. 36.30.685. Judicial appeal.
(a) A final decision of the commissioner of administration or the commissioner of transportation and public facilities under AS 36.30.610, 36.30.635(a), 36.30.650, or 36.30.680 may be appealed to the superior court in accordance with the Alaska Rules of Appellate Procedure. (b) A final decision of the commissioner of administration or the commissioner of transportation and […]
Sec. 36.30.687. Misrepresentations, fraud, and attempted fraud.
(a) A person who makes or uses in support of a contract claim under this chapter, a misrepresentation, or who practices or attempts to practice a fraud, at any stage of proceedings relating to a procurement or contract claim under this chapter (1) forfeits all claims relating to that procurement or contract; and (2) is […]
Sec. 36.30.690. Exclusive remedy.
Notwithstanding AS 44.77 or other law to the contrary, AS 36.30.560 – 36.30.699 and regulations adopted under those sections provide the exclusive procedure for asserting a claim against an agency arising in relation to a procurement under this chapter.
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 […]