2 AAC 12.840. Conditioning bids or proposals

(a) A bid or proposal that is conditioned upon receiving award of both the particular contract being solicited and another state contract is nonresponsive unless conditioned bids are specifically authorized in the invitation to bid.

(b) A bid that is conditioned by the bidder and the condition requires a change to a material term of the solicitation is nonresponsive unless conditioned bids are specifically authorized in the invitation to bid.

(c) A proposal that is conditioned by the offeror and the condition requires a change to a material term of the solicitation may be rejected. The reasons for the rejection include the following:

(1) the condition does not meet the goals of the solicitation;

(2) the condition would violate AS 36.30 or other statutes and regulations;

(3) the condition is not in the best interest of the state.

(d) For purposes of this section, "material term" includes a

(1) novation or assignment;

(2) term that affects price, quality, quantity, or delivery.

History: Eff. 1/1/88, Register 104; am 10/3/2002, Register 163

Authority: AS 36.30.040

AS 36.30.110

AS 36.30.210

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