Alaska Statutes
Title 36. Public Contracts

Sec. 36.05.070. Wage rates in specifications and contracts for public works. - (a) The advertised specifications for a public construction contract that...

Sec. 36.05.080. Failure to pay agreed wages. - Every contract within the scope of AS 36.05.070 must contain...

Sec. 36.05.090. Payment of wages from withheld payments and listing contractors who violate contracts. - (a) The state disbursing officer in the case of a...

Sec. 36.05.100. Effect of AS 36.05.070 - 36.05.110 on other laws. - AS 36.05.070 - 36.05.110 do not supersede or impair authority...

Sec. 36.05.110. Contracts entered into without advertising. - The fact that a public construction contract authorized by law...

Article 2. General Provisions.

Sec. 36.05.900. Definition. - In this chapter, “contracting agency” means the state or a...

Chapter 10. Employment Preference

Sec. 36.10.005. Legislative findings. - (a) The legislature finds that (1) because of its unique...

Sec. 36.10.007. State policy. - It is the policy of this state that, to fulfill...

Sec. 36.10.020. Apprentices. - Apprentices must be properly registered apprentices in their particular craft.

Sec. 36.10.030. Reduction of work force. - When a work force is reduced, resident workers, except supervisory...

Sec. 36.10.040. Application to contracts involving federal funds. - In a contract involving expenditure of federal aid funds, this...

Sec. 36.10.070. Unavailability of preferred workers. - (a) An employer subject to hiring requirements under this chapter...

Sec. 36.10.075. Regulations. - (a) The commissioner of labor and workforce development shall adopt...

Sec. 36.10.076. Notification by state or political subdivision. - An agency or political subdivision of the state covered by...

Sec. 36.10.080. Chapter incorporated in contracts. - The provisions of this chapter are considered to be a...

Sec. 36.10.090. Publication of list of violators. - (a) The commissioner of labor and workforce development shall distribute...

Sec. 36.10.100. Retainage and penalty. - (a) A contractor who violates a provision of this chapter...

Sec. 36.10.120. Investigations and hearings. - The Department of Labor and Workforce Development may, when necessary...

Sec. 36.10.125. Enforcement. - (a) The attorney general shall, when requested by the Department...

Sec. 36.10.130. Resident hire report. - The attorney general and the commissioner of labor and workforce...

Sec. 36.10.140. Eligibility for preference; approval of job-training programs; certification. - (a) A person is eligible for an employment preference under...

Sec. 36.10.150. Determination of zone of underemployment. - (a) Immediately following a determination by the commissioner of labor...

Sec. 36.10.160. Preference for residents of economically distressed zones. - (a) Immediately following a determination by the commissioner that an...

Sec. 36.10.170. Preference for economically disadvantaged minority residents. - (a) Immediately following a determination by the commissioner that the...

Sec. 36.10.175. Preference for economically disadvantaged female residents. - (a) Immediately following a determination by the commissioner that the...

Sec. 36.10.180. Projects subject to preference. - (a) The preferences established in AS 36.10.150 - 36.10.175 apply...

Sec. 36.10.190. Reporting provisions. - An employer obligated to meet resident hire requirements under this...

Sec. 36.10.200. Criminal penalties. - (a) A person who makes a false sworn statement in...

Sec. 36.10.210. Civil penalties. - (a) In addition to any criminal penalties imposed, after a...

Sec. 36.10.900. Severability. - If a provision of this chapter, or the application of...

Sec. 36.10.990. Definitions. - In this chapter, (1) “qualified” means possesses the requisite education,...

Chapter 15. Alaska Product Preferences

Article 1. Forest Products Preference.

Sec. 36.15.010. Use of local forest products required in projects financed by public money. - In a project financed by state money in which the...

Sec. 36.15.020. Insertion of clause in calls for bids and in contracts. - A clause containing the substance of AS 36.15.010 shall be...

Article 2. Agricultural and Fisheries Products Preference.

Sec. 36.15.050. Use of local agricultural and fisheries products required in purchases with state money. - (a) When agricultural products are purchased by the state or...

Sec. 36.15.060. Insertion of clause in calls for bids and in contracts. - A clause containing the substance of the relevant subsection of...

Chapter 25. Contractors' Bonds

Sec. 36.25.010. Bonds of contractors for public buildings or works. - (a) Except as provided in AS 44.33.300, before a contract...

Sec. 36.25.020. Rights of persons furnishing labor or material. - (a) A person who furnishes labor or material in the...

Sec. 36.25.025. Optional municipal exemption. - A municipality, by ordinance adopted by its governing body, may...

Chapter 30. State Procurement Code

Article 1. Organization of State Procurement.

Sec. 36.30.005. Centralization of procurement authority. - (a) Except as otherwise provided, all rights, powers, duties, and...

Sec. 36.30.010. Chief procurement officer. - (a) The commissioner shall appoint to the partially exempt service...

Sec. 36.30.015. Executive branch agencies. - (a) The commissioner of transportation and public facilities may delegate...

Sec. 36.30.020. Legislature. - The legislative council shall adopt and publish procedures to govern...

Sec. 36.30.030. Court system. - The administrative director of the Alaska Court System shall adopt...

Sec. 36.30.040. Procurement regulations. - (a) The commissioner shall adopt regulations governing the procurement, management,...

Sec. 36.30.060. Specifications. - (a) The commissioner shall adopt regulations governing the preparation, revision,...

Sec. 36.30.070. Supply management. - The commissioner shall adopt regulations governing the (1) management of...

Sec. 36.30.080. Leases. - (a) The Department of Transportation and Public Facilities shall lease...

Sec. 36.30.083. Lease extensions authorized. - (a) Notwithstanding any other provision of this chapter, the Department...

Sec. 36.30.085. Lease-purchase agreements. - (a) To perform its duties and statutory functions, the Department...

Sec. 36.30.086. Lease-purchase of personal property. - (a) To perform its duties and statutory functions, an agency,...

Article 2. Competitive Sealed Bidding.

Sec. 36.30.100. General policy. - (a) Except as otherwise provided in this chapter, or unless...

Sec. 36.30.110. Invitation to bid. - (a) When competitive sealed bidding is used, the procurement officer...

Sec. 36.30.115. Subcontractors for construction contracts. - (a) Within five working days after the identification of the...

Sec. 36.30.120. Bid security. - (a) Bid security shall be required for all competitive sealed...

Sec. 36.30.130. Public notice of invitation to bid. - (a) The procurement officer shall give adequate public notice of...

Sec. 36.30.140. Bid opening. - (a) The procurement officer shall open bids at the time...

Sec. 36.30.150. Bid acceptance and bid evaluation. - (a) Bids shall be unconditionally accepted without alteration or correction,...

Sec. 36.30.160. Late bids; correction or withdrawal of bids; cancellation of awards. - (a) Bids received after the bid due date and time...

Sec. 36.30.170. Contract award after bids. - After applying any preferences that apply under AS 36.15.050 and...

Sec. 36.30.180. Purpose. - The legislature finds that there exists in the state continuing...

Sec. 36.30.190. Multi-step sealed bidding. - When it is considered impractical to initially prepare a definitive...

Article 3. Competitive Sealed Proposals.

Sec. 36.30.200. Conditions for use. - (a) Except as otherwise provided in this chapter, or unless...

Sec. 36.30.210. Request for proposals. - (a) A request for competitive sealed proposals must contain the...

Sec. 36.30.220. Standard overhead rate. - (a) An agency that provides services to another agency under...

Sec. 36.30.230. Disclosure of proposals; return of proposals. - (a) The procurement officer shall open proposals so as to...

Sec. 36.30.240. Discussion with responsible offerors and revisions to proposals. - As provided in the request for proposals, and under regulations...

Sec. 36.30.250. Award of contract. - (a) The procurement officer shall award a contract under competitive...

Sec. 36.30.260. Contract contents. - A contract awarded under competitive sealed proposals must contain (1)...

Sec. 36.30.265. Multi-step sealed proposals. - When it is considered impractical to initially prepare a definitive...

Sec. 36.30.270. Architectural, engineering, and land surveying contracts. - (a) Notwithstanding conflicting provisions of AS 36.30.100 - 36.30.260, a...

Article 4. Other Procurement Methods.

Sec. 36.30.290. Electronic bids and proposals. - An agency may allow bids or proposals to be submitted...

Sec. 36.30.300. Single source procurements. - (a) A contract may be awarded for supplies, services, professional...

Sec. 36.30.305. Limited competition procurements. - (a) A construction contract under $100,000, or a contract for...

Sec. 36.30.308. Innovative procurements. - (a) A contract may be awarded for supplies, services, professional...

Sec. 36.30.309. Preconstruction services; construction manager general contractor contract. - (a) The department may award by competitive sealed proposals a...

Sec. 36.30.310. Emergency procurements. - Procurements may be made under emergency conditions as defined in...

Sec. 36.30.311. Employment and youth program procurements. - A procurement of products manufactured or services provided by an...

Sec. 36.30.313. Procurements provided through employment of prison inmates. - A procurement of products or services provided through the employment...

Sec. 36.30.315. Determinations; false statements; criminal penalty. - (a) In a determination made by a state official under...

Sec. 36.30.320. Small procurements. - (a) A procurement for supplies, services, or professional services that...

Article 5. Preferences.

Sec. 36.30.321. Alaska bidder and related preferences. - (a) If the bidder or offeror is an Alaska bidder,...

Sec. 36.30.322. Use of local forest products. - (a) Only timber, lumber, and manufactured lumber products originating in...

Sec. 36.30.324. Use of Alaska products and recycled Alaska products. - Alaska products shall be used whenever practicable in procurements for...

Sec. 36.30.326. Contract specifications. - Contract specifications for a procurement for an agency must include...

Sec. 36.30.328. Grant of Alaska products preference. - In the evaluation of a bid or proposal for a...

Sec. 36.30.330. Penalty for failing to use designated products. - (a) If a successful bidder or offeror who designates the...

Sec. 36.30.331. Delivery of supplies. - Supplies purchased under this chapter shall be delivered at a...

Sec. 36.30.332. Classification of Alaska products. - (a) The commissioner of commerce, community, and economic development shall...

Sec. 36.30.333. Procurement of paper. - Except as otherwise required under AS 36.15.050, AS 36.30.322 -...

Sec. 36.30.334. Identification of Alaska products. - An agency may identify specific Alaska products for use in...

Sec. 36.30.336. Application of preferences. - (a) Except as provided in AS 36.15.050(g) and AS 36.30.321(g),...

Sec. 36.30.337. Procurement preference for recycled products. - (a) In the evaluation of a bid or proposal for...

Sec. 36.30.338. Definitions. - In AS 36.30.322 - 36.30.338, (1) “Alaska product” means a...

Article 6. Contract Formation and Modification.

Sec. 36.30.340. Review and approval by the Attorney General. - If a contract contains a term that is in conflict...

Sec. 36.30.350. Solicitation cancellation, bid and proposal rejection, and delay of opening bid or proposal. - An invitation to bid, a request for proposals, or other...

Sec. 36.30.360. Determination of nonresponsibility. - (a) A written determination of nonresponsibility of a bidder or...

Sec. 36.30.362. Award of a contract to a nonresident. - Except for awards made under AS 36.30.170, if the procurement...

Sec. 36.30.365. Notice of intent to award a contract. - At least 10 days before the formal award of a...

Sec. 36.30.370. Permissible types of contracts. - Any type of contract that will promote the best interests...

Sec. 36.30.390. Contract term and cancellation. - (a) Unless otherwise provided by law, a contract for supplies,...

Sec. 36.30.400. Required cost and pricing data and contract provisions. - (a) Before an award of a contract or a change...

Sec. 36.30.410. Right to inspect plant. - The state may, at reasonable times, inspect the part of...

Sec. 36.30.420. Right to audit records. - (a) The state may, at reasonable times and places, audit...

Sec. 36.30.430. Contract clauses. - (a) The commissioner shall adopt regulations permitting the inclusion of...

Sec. 36.30.460. Modification of standard clauses. - The procurement officer or the head of a contracting agency...

Sec. 36.30.470. Fiscal effects of construction contract modifications. - A contract modification, change order, or contract price adjustment under...

Sec. 36.30.480. Establishment and modification of cost principles. - The commissioner shall adopt regulations setting out cost principles that...

Article 7. Procurement Records and Reports.

Sec. 36.30.500. Retention of procurement records. - Procurement records shall be retained and disposed of in accordance...

Sec. 36.30.510. Records of contracts awarded under competitive sealed proposals. - A contract file open for public inspection shall be kept...

Sec. 36.30.520. Records of single source and emergency procurements. - (a) The commissioner shall maintain for a minimum of five...

Sec. 36.30.522. Records of innovative procurements. - The commissioner and the contracting agency shall keep a file...

Sec. 36.30.530. Public access to procurement information. - Procurement information is public except as otherwise provided by law.

Sec. 36.30.540. Procurement report. - The commissioner shall biennially prepare a report concerning procurements by...

Article 8. Legal and Contractual Remedies.

Sec. 36.30.550. Applicability of protest and appeal procedures. - (a) Except for small procurements made under AS 36.30.320, the...

Sec. 36.30.560. Filing of a protest. - An interested party may protest the award of a contract,...

Sec. 36.30.565. Time for filing a protest. - (a) A protest based on alleged improprieties or ambiguities in...

Sec. 36.30.570. Notice of a protest. - The procurement officer shall immediately give notice of a protest...

Sec. 36.30.575. Stay of award. - If a protest is filed the award may be made...

Sec. 36.30.580. Decision by the procurement officer. - (a) The procurement officer of the contracting agency shall issue...

Sec. 36.30.585. Protest remedies. - (a) If the procurement officer sustains a protest in whole...

Sec. 36.30.590. Appeal on a protest. - (a) An appeal from a decision of a procurement officer...

Sec. 36.30.595. Notice and copy of a protest appeal. - (a) The procurement officer shall immediately give notice of an...

Sec. 36.30.600. Stay of award during protest appeal. - If a protest appeal is filed before a contract is...

Sec. 36.30.605. Protest report and comments. - (a) The procurement officer of the contracting agency shall file...

Sec. 36.30.610. Decision without hearing. - (a) The commissioner of administration or the commissioner of transportation...

Sec. 36.30.615. Hearing on protest appeal. - A hearing on a protest appeal shall be conducted in...

Sec. 36.30.620. Contract claims. - (a) A contractor shall file a claim concerning a contract...

Sec. 36.30.623. Interest on certain claims. - The amount ultimately determined to be due under AS 36.30.620...

Sec. 36.30.625. Appeal on a contract claim. - (a) An appeal from a decision of the procurement officer...

Sec. 36.30.627. Construction contract claim appeals. - (a) An appeal from a decision of the procurement officer...

Sec. 36.30.629. Subpoenas and discovery. - In appeals under AS 36.30.627, the arbitrator or hearing officer...

Sec. 36.30.630. Hearing on a contract claim; decision without hearing. - (a) Except as provided in (b) of this section, a...

Sec. 36.30.631. Attorney fees, costs, and offers of judgment. - (a) An arbitrator in the arbitration of a construction contract...

Sec. 36.30.632. Delegation. - The commissioner of administration and the commissioner of transportation and...

Sec. 36.30.635. Authority to debar or suspend. - (a) After consultation with the using agency and the attorney...

Sec. 36.30.640. Causes for debarment or suspension. - The causes for debarment or suspension include (1) conviction for...

Sec. 36.30.645. Written determinations. - (a) The commissioner of administration or the commissioner of transportation...

Sec. 36.30.650. Hearing on a suspension. - (a) A person suspended under AS 36.30.635 is entitled to...

Sec. 36.30.655. List of persons debarred or suspended. - The commissioner shall maintain a list of all persons debarred...

Sec. 36.30.660. Reinstatement. - (a) The commissioner of administration or the commissioner of transportation...

Sec. 36.30.665. Limited participation by debarred person. - The commissioner of administration or the commissioner of transportation and...

Sec. 36.30.670. Hearing procedures. - (a) The chief administrative law judge (AS 44.64.010) shall assign...

Sec. 36.30.675. Recommended decision and commissioner action. - (a) The hearing officer shall recommend a decision to the...

Sec. 36.30.680. Final decision by the commissioner. - A decision by the commissioner of administration or the commissioner...

Sec. 36.30.685. Judicial appeal. - (a) A final decision of the commissioner of administration or...

Sec. 36.30.687. Misrepresentations, fraud, and attempted fraud. - (a) A person who makes or uses in support of...

Sec. 36.30.690. Exclusive remedy. - Notwithstanding AS 44.77 or other law to the contrary, AS...

Sec. 36.30.695. Other rules of procedure. - (a) The commissioner may adopt by regulation additional rules of...

Sec. 36.30.699. Definition. - In AS 36.30.560 - 36.30.695, “interested party” means an actual...

Article 9. Intergovernmental Relations.

Sec. 36.30.700. Cooperative purchasing authorized. - A public procurement unit may either participate in, sponsor, conduct,...

Sec. 36.30.710. Interagency sale, acquisition, and use of supplies and services. - (a) A public procurement unit may sell to, acquire from,...

Sec. 36.30.720. Joint use or lease of facilities and equipment. - A public procurement unit may enter into agreements for the...

Sec. 36.30.730. Supply of personnel, services, and other items. - (a) A public procurement unit may, upon written request from...

Sec. 36.30.735. Restriction on contracting with or employing experts on radiation hazards. - (a) Except for the Department of Health, the Department of...

Sec. 36.30.740. Information relating to procurement needs. - To the extent possible, the commissioner may collect information concerning...

Sec. 36.30.750. Contract claims of other procurement units. - (a) Under a cooperative purchasing agreement, claims arising between an...

Sec. 36.30.790. Definitions. - In AS 36.30.700 - 36.30.790, (1) “cooperative purchasing” means procurement...

Article 10. General Provisions.

Sec. 36.30.850. Application of this chapter. - (a) This chapter applies only to contracts solicited or entered...

Sec. 36.30.860. Supplementary general principles of law applicable. - Unless displaced by the particular provisions of this chapter, the...

Sec. 36.30.870. Adoption of regulations. - (a) Regulations under this chapter shall be adopted in accordance...

Sec. 36.30.880. Requirement of good faith. - All parties involved in the negotiation, performance, or administration of...

Sec. 36.30.890. Federal funds or assistance. - If a procurement involves the expenditure of federal funds or...

Sec. 36.30.910. Purchases through general services administration. - Notwithstanding any other provision of this chapter, purchasing through the...

Sec. 36.30.920. Reporting of anticompetitive practices. - When for any reason collusion or other anticompetitive practices are...

Sec. 36.30.930. Civil and criminal penalties. - The following penalties apply to violations of this chapter: (1)...

Sec. 36.30.940. Enforcement. - The attorney general on behalf of the state shall enforce...

Sec. 36.30.950. Severability. - If any provision of this chapter or any application of...

Sec. 36.30.960. Background investigation for contractors with access to federal tax information. - (a) Upon request of an agency, the procurement officer shall...

Sec. 36.30.990. Definitions. - In this chapter, unless the context in which a term...

Sec. 36.30.995. Short title. - This chapter may be cited as the State Procurement Code.

Chapter 90. Miscellaneous Provisions

Article 1. State Marine Vessel Maintenance.

Sec. 36.90.049. Maintenance of state marine vessels. - (a) A marine vessel owned by the state shall be...

Article 2. Professional Registration Requirements.

Sec. 36.90.100. Contracts for architectural, engineering, land surveying, or landscape architectural services. - The state or a municipality may not award a contract...

Article 3. Public Construction Contract Payment.

Sec. 36.90.200. Payment deadline and interest. - (a) The state or a political subdivision of the state...

Sec. 36.90.210. Required contractual terms. - (a) The prime contractor and a subcontractor on a public...

Sec. 36.90.220. Optional contractual terms. - Notwithstanding AS 36.90.210 and 36.90.230, the prime contractor or a...

Sec. 36.90.230. Withholding payment for unsatisfactory performance. - (a) If the prime contractor on a public construction or...

Sec. 36.90.240. Form of certain notices. - A notice under AS 36.90.220(2) or 36.90.230(a)(1) must be in...

Sec. 36.90.250. Retainage. - (a) The state or a political subdivision of the state...

Sec. 36.90.260. Miscellaneous provisions. - (a) In AS 36.90.210 - 36.90.290, (1) a payment is...

Sec. 36.90.265. Applicability to political subdivisions. - AS 36.90.200 - 36.90.290 apply to a public construction or...

Sec. 36.90.270. Waiver of provisions prohibited. - A contract provision that waives a provision required by AS...

Sec. 36.90.290. Definitions. - In AS 36.90.200 - 36.90.290, (1) “prime contractor” means a...

Article 4. Required Contract Provision.

Sec. 36.90.300. Indemnification, defense, and hold harmless provision in certain construction-related contracts. - (a) A public agency shall include in a construction-related professional...

Chapter 95. General Provisions

Sec. 36.95.010. Definitions. - In this title, unless the context requires otherwise, (1) “contractor”...

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Alaska Statutes Title 36. Public Contracts

Alaska Statutes
Title 36. Public Contracts