Alaska Statutes Title 36, Chapter 36.30, Article 08 - 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 provisions of AS 36.30.560 - 36.30.615 apply to a solicitation, a proposed contract...
• Sec. 36.30.560 Filing of a Protest.
  An interested party may protest the award of a contract, the proposed award of a contract, or a solicitation for supplies, services, professional services,...
• Sec. 36.30.565 Time for Filing a Protest.
  (a) A protest based on alleged improprieties or ambiguities in a solicitation must be filed at least 10 days before the due date of...
• Sec. 36.30.570 Notice of a Protest.
  The procurement officer shall immediately give notice of a protest filed under AS 36.30.565 to the contractor if a contract has been awarded or,...
• Sec. 36.30.575 Stay of Award.
  If a protest is filed the award may be made unless the procurement officer of the contracting agency determines in writing that a(1) reasonable...
• Sec. 36.30.580 Decision by the Procurement Officer.
  (a) The procurement officer of the contracting agency shall issue a written decision containing the basis of the decision within 15 days after a...
• Sec. 36.30.585 Protest Remedies.
  (a) If the procurement officer sustains a protest in whole or in part, the procurement officer shall implement an appropriate remedy.(b) In determining an...
• Sec. 36.30.590 Appeal on a Protest.
  (a) An appeal from a decision of a procurement officer on a protest may be filed by the protester with the commissioner of administration,...
• Sec. 36.30.595 Notice and Copy of a Protest Appeal.
  (a) The procurement officer shall immediately give notice of an appeal filed under AS 36.30.590 to the contractor if a contract has been awarded...
• Sec. 36.30.600 Stay of Award During Protest Appeal.
  If a protest appeal is filed before a contract is awarded and the award was stayed under AS 36.30.575 , the filing of the...
• Sec. 36.30.605 Protest Report and Comments.
  (a) The procurement officer of the contracting agency shall file a complete report on the protest and decision with the commissioner of administration or...
• Sec. 36.30.610 Decision Without Hearing.
  (a) The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall dismiss a protest appeal before a hearing is...
• Sec. 36.30.615 Hearing on Protest Appeal.
  A hearing on a protest appeal shall be conducted in accordance with AS 36.30.670 and regulations adopted by the commissioner to the extent the...
• Sec. 36.30.620 Contract Claims.
  (a) A contractor shall file a claim concerning a contract awarded under this chapter with the procurement officer. The contractor shall certify that the...
• Sec. 36.30.623 Interest on Certain Claims.
  The amount ultimately determined to be due under AS 36.30.620 - 36.30.630 and 36.30.670 - 36.30.685 to a department contractor, the department, or a...
• Sec. 36.30.625 Appeal on a Contract Claim.
  (a) An appeal from a decision of the procurement officer on a contract claim may be filed by the contractor with the commissioner of...
• Sec. 36.30.627 Construction Contract Claim Appeals.
  (a) An appeal from a decision of the procurement officer of a claim involving a construction contract shall be resolved by(1) binding and final...
• Sec. 36.30.629 Subpoenas and Discovery.
  In appeals under AS 36.30.627 , the arbitrator or hearing officer may(1) issue subpoenas, including subpoenas duces tecum, to compel the attendance of witnesses...
• Sec. 36.30.630 Hearing on a Contract Claim; Decision Without Hearing.
  (a) Except as provided in (b) of this section, a hearing shall be conducted according to AS 36.30.670 and, to the extent they do...
• Sec. 36.30.631 Attorney Fees, Costs, and Offers of Judgment.
  (a) An arbitrator in the arbitration of a construction contract claim under AS 36.30.627 (a)(1) and a hearing officer for the hearing of a...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

Last modified: November 15, 2016