2 AAC 12.954. Answering statement

(a) The procurement officer shall file a written answering statement with the commissioner within 30 days after service of the arbitration request and appeal. The answering statement must raise any counterclaim asserted by the agency. The answering statement must state the amount of the counterclaim and describe the counterclaim in sufficient detail to make the counterclaim clear to the arbitrator.

(b) If the amount of the claim and the amount of the counterclaim added together is $250,000 or more, the answering statement must state whether the agency agrees to arbitration of the claim.

(c) The procurement officer shall certify that any counterclaim is made in good faith, that the supporting data are accurate and complete to the best of the procurement officer's knowledge and belief, and that the amount of the counterclaim accurately states the amount for which the procurement officer believes the contractor is liable.

(d) The procurement officer shall serve a copy of the answering statement upon the contractor at the time the procurement officer files the answering statement with the commissioner.

History: Eff. 5/26/2004, Register 170

Authority: AS 36.30.040

AS 36.30.627

AS 36.30.870

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