The Repository of State Practices (RoSP) is a database of state procurement statutes, regulations, and policies. NASPO’s Research and Innovation team continually update the RoSP. Bid Protest bid-protest rosp_category Statutory, regulatory, and procedural guidance for bid protests raw Bid Protest Generally (AS 36.30.560 )
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 number of the protester;
(2) the signature of the protester or the protester’s representative;
(3) identification of the contracting agency and the solicitation or contract at issue;
(4) a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and
(5) the form of relief requested.
**For protest pertaining to small procurements**
Citation: 2 AAC 12.695
(a) An interested party shall attempt to informally resolve a dispute with the procurement officer regarding a small procurement. If the attempt is unsuccessful, the interested party may protest the solicitation or the award of a small procurement contract under AS 36.30.320. The protest must be filed with the commissioner of the purchasing agency or the commissioner’s designee. The protester must file a copy of the protest with the procurement officer for the purchasing agency.
(b) If protesting a solicitation issued under 2 AAC 12.400, a protest shall be filed before the date and time that quotations or informal proposals are due to the purchasing agency.
(c) If protesting the award of a small procurement contract of not more than $50,000, the protest shall be filed within 10 days from the date of the solicitation or award, whichever is later.
(d) If protesting the award of a small procurement contract greater than $50,000, a protest shall be filed within 10 days from the date that notice of award is made.
(e) To be accepted by the purchasing agency, a protest filed under (a) – (d) of this section shall contain the information required under AS 36.30.560.
(f) The procurement officer shall immediately give notice of the protest to the contractor or, if no award has been made, to all firms or persons that were solicited for the small procurement.
(g) The appropriate commissioner or commissioner’s designee shall
(1) with the concurrence of the protester, assign the protest to the procurement officer or other responsible state official for a final administrative resolution under alternate dispute resolution;
(2) issue a decision denying the protest and stating the reasons for denial;
(3) issue a decision that sustains the protest, in whole or in part, and instruct the procurement officer to implement an appropriate remedy; or
(4) conduct a hearing on the protest consistent with the procedures contained in AS 36.30.670(b).
http://www.akleg.gov/basis/statutes.asp#36.30.565 Public Link: Statutory Guidance Bid Responsiveness bid-responsiveness rosp_category Statutory, regulatory, and procedural guidance for bid responsiveness raw 2 AK ADC 12.990(a)(12)
(12) “responsive bidder” means a firm or person who has submitted a bid that conforms in all material respects to the solicitation;
http://www.legis.state.ak.us/basis/aac.asp#2.12.990 Public Link: Yes Bidder Responsibility bidder-responsibility rosp_category Statutory, regulatory, and procedural guidance for bidder responsibility raw 2 AAC 12.500
(a) Factors that may be considered in determining whether a prospective contractor is responsible include whether the prospective contractor
(1) has a satisfactory record of performance;
(2) is qualified legally to contract with the state; and
(3) has supplied all necessary information in connection with the inquiry concerning responsibility.
(b) The procurement officer may require the prospective contractor to demonstrate the availability of necessary financing, equipment, facilities, expertise, and personnel, by submitting
(1) evidence that the contractor possesses the necessary items;
(2) acceptable plans to subcontract for the necessary items;
(3) a documented commitment from, or explicit arrangement with, a satisfactory source to provide the necessary items; or
(4) other information required by the procurement officer.
(c) The state’s determination of responsibility does not relieve the contractor from the requirements for performance under the contract.
(d) If a prospective contractor supplies information in response to a request for information made by a procurement officer under (b) of this section, information supplied in response to the request is confidential and may not be disclosed unless the prospective contractor gives prior written consent to its disclosure.
http://www.akleg.gov/basis/aac.asp#2.12.500 Public Link: Yes Contract Claim contract-claim rosp_category Statutory, regulatory, and procedural guidance for contract claims before a specialized body raw AK ST § 36.30.620
(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 contract adjustment for which the contractor believes the state is liable. Except for a lease rate adjustment called for in the lease, a claim under this section must be filed within 90 days after the contractor becomes aware of the basis of the claim or should have known the basis of the claim, whichever is earlier. A lease rate adjustment called for in the lease must be filed prior to the expiration date of the lease.
(b) If a claim asserted concerning a contract awarded under this chapter cannot be resolved by agreement, the procurement officer shall, after receiving a written request by the contractor for a decision, issue a written decision. The procurement officer shall make the decision not more than 90 days after receipt of all necessary information from the contractor….
https://www.akleg.gov/basis/statutes.asp#36.30.620 Public Link: Statutory Guidance Contract Claim Appeal contract-claim-appeal rosp_category Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body raw AK ST § 36.30.625
(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 or procurement for the state equipment fleet, the commissioner of transportation and public facilities. The appeal shall be filed within 14 days after the decision is received by the contractor. An appeal by a contractor of the Department of Transportation and Public Facilities may not raise any new factual issues or theories of recovery that were not presented to and decided by the procurement officer in the decision under AS 36.30.620(b), except that a contractor may increase the contractor’s calculation of damages if the increase arises out of the same operative facts on which the original claim was based. The contractor shall file a copy of the appeal with the procurement officer.
(b) An appeal must contain a copy of the decision being appealed and identification of the factual or legal errors in the decision that form the basis for the appeal.
(c) The Department of Transportation and Public Facilities, or a contracting agency to whom the responsibility for handling the claim is delegated by the Department of Transportation and Public Facilities under AS 36.30.632, shall handle the appeal of a claim under this section expeditiously.
http://www.akleg.gov/basis/statutes.asp#36.30.625 Public Link: Statutory Guidance Goods and Services Procurement goods-and-services-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of goods and services raw AS 36.30.005 (a), AS 36.30.010 (a), AS 36.30.015 (b)
AS 36.30.005 (a)Except as otherwise provided, all rights, powers, duties, and authority relating to the procurement of supplies, services, and professional services, and the control over supplies, services, and professional services vested in or exercised by an agency on January 1, 1988, are transferred to the commissioner of administration and to the chief procurement officer. Authority granted under this subsection shall be exercised in accordance with this chapter.
AS 36.30.010 (a) The commissioner shall appoint to the partially exempt service the chief procurement officer of the state. The chief procurement officer must have at least five years of prior experience in public procurement, including large scale procurement of supplies, services, or professional services, and must be a person with demonstrated executive and organizational ability. The chief procurement officer may be removed by the commissioner only for cause. The term of office of the chief procurement officer is six years.
AS 36.30.015 (b) The commissioner of administration may delegate to an agency the authority to contract for and manage services, professional services, and supplies. Notwithstanding delegation of authority under this subsection, an agency’s exercise of the authority is governed by this chapter and regulations adopted by the commissioner under this chapter. Before delegating authority to an agency under this subsection, the commissioner shall make a written determination that the agency is capable of implementing the delegated authority.
http://www.akleg.gov/basis/statutes.asp#36.30.05 Public Link: Central Procurement Office Multistep Competitive Sealed Bidding multistep-competitive-sealed-bidding rosp_category State authority to conduct multistep competitive sealed bidding raw AK ST § 36.30.190
When it is considered impractical to initially prepare a definitive purchase description to support an award based on price, the procurement officer may issue an invitation to bid requesting the submission of unpriced technical offers to be followed by an invitation to bid limited to the bidders whose offers are determined to be technically qualified under the criteria set out in the first solicitation.
http://www.akleg.gov/basis/statutes.asp#36.30.190 Public Link: Full Authorization Procurement Website procurement-website rosp_category Official state procurement website for public raw http://doa.alaska.gov/oppm/ Public Link: Protest Appeals protest-appeals rosp_category Statutory, regulatory, or procedural guidance for protest appeals before a specialized body raw AK ST § 36.30.590
(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 or procurements for the state equipment fleet, the commissioner of transportation and public facilities. An appeal shall be filed within 10 days after the decision is received by the protester. The protester shall file a copy of the appeal with the procurement officer.
(b) An appeal must contain the information required under AS 36.30.560.
In addition, the appeal must include
(1) a copy of the decision being appealed; and
(2) identification of the factual or legal errors in the decision that form the basis for the appeal.
http://www.akleg.gov/basis/statutes.asp#36.30.590 Public Link: Statutory Guidance Public Notice public-notice rosp_category The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals raw AS 36.30.130 (a)
The procurement officer shall give adequate public notice of the invitation to bid at least 21 days before the date for the opening of bids.
https://www.akleg.gov/basis/statutes.asp#36.30.120 Public Link 1: 21 Days State Procurement Manual state-procurement-manual rosp_category Official state procurement manual available to public raw http://doa.alaska.gov/dof/manuals/aam/resource/81.pdf ; http://doa.alaska.gov/dof/manuals/aam/resource/82.pdf Public Link: State Statutes and Regulations state-statutes-and-regulations rosp_category State databases of statutes and regulations raw http://www.akleg.gov/basis/aac.asp#2.12 Resource Public Link 1: Resource 1: Article 1. Organization of State Procurement. Chapter 30. State Procurement Code. Section 36.30 http://www.akleg.gov/basis/aac.asp#2.12 Resource Public Link 2: Resource 2: Title 2. AdministrationChapter 12. Procurement State-Wide Contracts state-wide-contracts rosp_category Awarded contracts as provided by each state raw http://doa.alaska.gov/oppm/cam/index.html State-Wide Contracts Link: Supplier Registration supplier-registration rosp_category Information for suppliers as provided by each state raw http://doa.alaska.gov/dof/vendor.html#vss Supplier Registration Link: Technology Procurement technology-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of technology raw AS 36.30.005 (a), AS 36.30.010 (a), AS 36.30.015 (b) State Central Procurement Office