(a) Except for small procurements made under AS 36.30.320, the provisions of AS 36.30.560 – 36.30.615 apply to a solicitation, a proposed contract award, and an award of a contract for supplies, services, professional services, or construction. (b) The commissioner shall adopt regulations providing for protest and appeal procedures of small procurements made under AS […]
An interested party may protest the award of a contract, the proposed award of a contract, or a solicitation for supplies, services, professional services, or construction by an agency. The protest shall be filed with the procurement officer of the contracting agency in writing and include the following information: (1) the name, address, and telephone […]
(a) A protest based on alleged improprieties or ambiguities in a solicitation must be filed at least 10 days before the due date of the bid or proposal, unless a later protest due date is specifically allowed in the solicitation. If a solicitation is made with a shortened public notice period and the protest is […]
The procurement officer shall immediately give notice of a protest filed under AS 36.30.565 to the contractor if a contract has been awarded or, if no award has been made, to all interested parties.
If a protest is filed the award may be made unless the procurement officer of the contracting agency determines in writing that a (1) reasonable probability exists that the protest will be sustained; or (2) stay of the award is not contrary to the best interests of the state.
(a) The procurement officer of the contracting agency shall issue a written decision containing the basis of the decision within 15 days after a protest has been filed. A copy of the decision shall be furnished to the protester by certified mail or other method that provides evidence of receipt. (b) The time for a […]
(a) If the procurement officer sustains a protest in whole or in part, the procurement officer shall implement an appropriate remedy. (b) In determining an appropriate remedy, the procurement officer shall consider the circumstances surrounding the solicitation or procurement including the seriousness of the procurement deficiencies, the degree of prejudice to other interested parties or […]
(a) An appeal from a decision of a procurement officer on a protest may be filed by the protester with the commissioner of administration, or for protests involving construction, lease of space, or procurements for the state equipment fleet, the commissioner of transportation and public facilities. An appeal shall be filed within 10 days after […]
(a) The procurement officer shall immediately give notice of an appeal filed under AS 36.30.590 to the contractor if a contract has been awarded or, if no award has been made, to all interested parties. (b) The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall, on request, furnish a […]
If a protest appeal is filed before a contract is awarded and the award was stayed under AS 36.30.575, the filing of the appeal automatically continues the stay until the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, makes a written determination that the award of the contract without further […]
(a) The procurement officer of the contracting agency shall file a complete report on the protest and decision with the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, within 10 days after a protest appeal is filed. The procurement officer shall furnish a copy of the report to the protester […]
(a) The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall dismiss a protest appeal before a hearing is held if it is determined in writing that the appeal is untimely under AS 36.30.590(a). (b) The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, may […]
A hearing on a protest appeal shall be conducted in accordance with AS 36.30.670 and regulations adopted by the commissioner to the extent the regulations do not conflict with regulations adopted under AS 44.64.060.
(a) A contractor shall file a claim concerning a contract awarded under this chapter with the procurement officer. 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 requested accurately reflects the […]
The amount ultimately determined to be due under AS 36.30.620 – 36.30.630 and 36.30.670 – 36.30.685 to a department contractor, the department, or a contracting agency to whom the responsibility for handling the claims is delegated by the department under AS 36.30.632 accrues interest at the rate applicable to judgments under AS 09.30.070(a). Notwithstanding AS […]
(a) An appeal from a decision of the procurement officer on a contract claim may be filed by the contractor with the commissioner of administration or, for a claim involving a construction contract, lease of space, or procurement for the state equipment fleet, the commissioner of transportation and public facilities. The appeal shall be filed […]
(a) An appeal from a decision of the procurement officer of a claim involving a construction contract shall be resolved by (1) binding and final arbitration under AS 09.43.010 – 09.43.180 (Uniform Arbitration Act) or AS 09.43.300 – 09.43.595 (Revised Uniform Arbitration Act), as applicable, if the claim is (A) less than $250,000 and the […]
In appeals under AS 36.30.627, the arbitrator or hearing officer may (1) issue subpoenas, including subpoenas duces tecum, to compel the attendance of witnesses and the production of documents; (2) allow the taking of depositions for discovery or to perpetuate testimony; and (3) refer a subpoena or subpoena duces tecum to the superior court for […]
(a) Except as provided in (b) of this section, a hearing shall be conducted according to AS 36.30.670 and, to the extent they do not conflict with regulations adopted under AS 44.64.060, regulations adopted by the commissioner of administration on a contract claim appealed to the commissioner of administration or the commissioner of transportation and […]
(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, […]
