Sec. 36.30.632. Delegation.
The commissioner of administration and the commissioner of transportation and public facilities may delegate responsibilities under AS 36.30.590 – 36.30.630 to the head of the contracting agency.
Sec. 36.30.635. Authority to debar or suspend.
(a) After consultation with the using agency and the attorney general and after a hearing 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, the commissioner of administration or the commissioner of transportation and public facilities may debar […]
Sec. 36.30.640. Causes for debarment or suspension.
The causes for debarment or suspension include (1) conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract; (2) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction […]
Sec. 36.30.645. Written determinations.
(a) The commissioner of administration or the commissioner of transportation and public facilities shall issue a written decision to debar or suspend. The decision must (1) state the reasons for the action taken; and (2) inform the debarred person of rights to judicial appeal or inform the suspended person of rights to administrative and judicial […]
Sec. 36.30.650. Hearing on a suspension.
(a) A person suspended under AS 36.30.635 is entitled to a hearing conducted according to AS 36.30.670 and, to the extent that they do not conflict with regulations adopted under AS 44.64.060, regulations adopted by the commissioner of administration, if the person files a written request for a hearing with the commissioner of administration or […]
Sec. 36.30.655. List of persons debarred or suspended.
The commissioner shall maintain a list of all persons debarred or suspended from consideration for the award of contracts.
Sec. 36.30.660. Reinstatement.
(a) The commissioner of administration or the commissioner of transportation and public facilities may at any time after a final decision to debar a person from consideration for award of contracts reinstate the person after determining that the cause for which the person was debarred no longer exists or has been substantially mitigated. (b) A […]
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 […]
Sec. 36.30.699. Definition.
In AS 36.30.560 – 36.30.695, “interested party” means an actual or prospective bidder or offeror whose economic interest may be affected substantially and directly by the issuance of a contract solicitation, the award of a contract, or the failure to award a contract; whether an actual or prospective bidder or offeror has an economic interest […]