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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.