Alaska

Key Agency(ies):

Executive branch procurement authority is centralized in the Department of Administration (DOA) except for construction, the State Equipment Fleet, and Alaska Marine Highway System procurements.
DOA may delegate procurement authority to other departments only after making a written finding that the department is capable of implementing the delegated authority.

Key Statute:

Key Regulations:

Alaska Administrative Code (Alaska Admin. Code) Title 2, Chapter 12 governs procurement regulations.

Procurement Types/Highlights:

Bid Protests:

Regs Governing Bid Protest:

Eligible Protesters:

Any interested party may protest the award of a contract, or the solicitation itself.

Timeliness Rules:

Award/Proposed award: Protest must be filed within 10 calendar days after the notice of intent to award.

The first day is the day after the notice is dated and transmitted, even if that day is a weekend or holiday.
However, if the 10th day falls on a weekend or holiday, the deadline extends to the next business day.
If the protest highlights a serious error, it may still be considered even if received late.

Must be received at least 10 days before the bid/proposal due date.
Again, if the protest highlights a serious error, it may still be considered even if received late.

Protest Process:

Protest must be filed in writing with the procurement officer of the contracting agency and must include:

(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.

The procurement officer must issue a written decision within 15 days of filing.
The decision deadline may be extended up to 30 days for good cause by the Commissioner of Administration or Commissioner of Transportation and Public Facilities (for construction, leases, or fleet procurements).
If no decision is made by the applicable deadline (15 days, or up to 30 days if properly extended), the protester may proceed as if the decision was adverse.
Award may be stayed only if the procurement officer determines:

Appeal:

Appeals must be filed with the Commissioner of Administration or Commissioner of Transportation and Public Facilities (depending on the procurement type) within 10 days of receiving the protest decision.
Appeals must include:

(1) All information required under protest regulations
(2) A copy of the decision being appealed
(3) Identification of factual or legal errors in the decision that form the basis for the appeal.

Claims:

(1) Is made in good faith
(2) Is supported by accurate and complete data to the best of the contractor’s knowledge and belief, and
(3) Accurately reflects the contract adjustment for which the contractor believes the state is liable.

Claims must be filed within 90 days of when the contractor knew or should have known of the basis.
The procurement officer must issue a decision within 90 days of receiving all necessary information.
Failure to provide requested information may result in denial of the claim.

Suspension & Debarment:

(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 of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty that currently and seriously affects responsibility as a state contractor;
(3) Conviction or civil judgment finding a violation under state or federal antitrust statutes;
(4) Violation of contract provisions of a character that is regarded by the commissioner to be so serious as to justify debarment action, such as

(A) Knowing failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
(B) Failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts, except that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment;

(5) For violation of the ethical standards set out in law or regulation;
(6) For a violation of this chapter punishable under Alaska Stat. § 36-30-930(2); and
(7) Any other cause listed in regulations of the commissioner determined to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity for a cause listed in the regulations.

Suspended persons are entitled to a hearing if requested within seven days of notice.
Hearings are informal and conducted by an administrative law judge.
The administrative law judge may impose sanctions, regulate proceedings, and recommend decisions.
Final decisions are issued by the Commissioner of Administration or Commissioner of Transportation and Public Facilities within 45 days.