Title 2 . Administration

Chapter 12 . Public Information

Section 990. Definitions

2 AAC 12.990. Definitions

(a) In this chapter

(1) "business license" means a license required under the Alaska Business License Act (AS 43.70) by the division of occupational licensing and, for a person engaging in a business subject to licensing provisions of a regulatory nature, a license, certificate, permit, registration, or similar evidence of authority issued for an occupation by competent legal authority;

(2) "chief procurement officer" means the officer appointed under AS 36.30.010 as the chief procurement officer;

(3) "concession contract" means a contract

(A) in which the primary method of compensation is based on commissions paid to the contractor;

(B) the commissions are generated from the collection of receipts, or fees for services, charged to customers other than the state; and

(C) generally, the commissions are based on a percentage of gross sales or an established fee schedule and do not involve the expenditure of state funds;

(4) "cost analysis" means the evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid, and costs to be reimbursed;

(5) "cost data" means information concerning the actual or estimated cost of labor, material, overhead, and other cost elements that have been actually incurred or that are expected to be incurred by the contractor in performing the contract;

(6) "employment agreement" means an agreement or contract between an employer and an employee in which the terms and conditions of employment are set out, and includes a contract with a citizen of a foreign country for services to be performed primarily in the foreign country, if the contract provides for such matters as state control of the work performed, the hours of work, the benefits that will be provided to a person who performs work under the contract, and the state's right to discharge a person who performs work under the contract;

(7) "interested party" means an actual or prospective bidder or offeror whose economic interest might be affected substantially and directly by the issuance of a contract solicitation, the award of a contract, or the failure to award a contract;

(8) "minor informalities" means matters of form rather than substance which are evident from the bid document, or are insignificant matters that have a negligible effect on price, quantity, quality, delivery, or contractual conditions and can be waived or corrected without prejudice to other bidders;

(9) "nonresponsive" means a bid or proposal that does not conform in all material respects to the solicitation;

(10) "price analysis" means the evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed;

(11) "price data" means factual information concerning offered or proposed selling prices, historical selling prices, and current selling prices, including profit, for supplies, services, or construction substantially similar to those being procured;

(12) "responsive bidder" means a firm or person who has submitted a bid that conforms in all material respects to the solicitation;

(13) "solicitation" means an invitation to bid, a request for proposals, a request for quotations, or any other method of soliciting bids, proposals, or quotes to perform a state contract;

(14) "accredited youth education and employment program" means a program that allows participants to earn academic credits that are recognized by a school district in this state;

(15) "alternate dispute resolution" means an informal technique that is voluntarily used to resolve issues in controversy; "alternate dispute resolution" includes negotiation, mediation, facilitation, and arbitration;

(16) "practicable" has the meaning given in (b) of this section;

(17) "reasonable and adequate procedures" means procedures that ensure fairness to potential offerors and competition commensurate with the circumstances of the procurement, considering price, mission requirements, and available competition; "reasonable and adequate procedures" includes contacting only one potential offeror in appropriate circumstances;

(18) "Alaska Online Public Notice System" means the system developed under AS 44.62.175 ;

(19) "division of vocational rehabilitation" means the division of vocational rehabilitation in the Department of Labor and Workforce Development.

(b) In AS 36.30,

(1) "medical doctor" means a person who is licensed to practice medicine in the state under AS 08.64; a person who is authorized to practice in the state as an advanced nurse practitioner because of specialized education and experience and who is certified to perform acts of medical diagnosis and to prescribe medical, therapeutic, or corrective measures under regulations adopted by the Board of Nursing (12 AAC 44.400) ; or a physician assistant as defined in 12 AAC 40.990;

(2) "protestor" means an actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or the award of a contract and who files a protest;

(3) "practicable" means what may reasonably be accomplished or applied;

(4) "practical" has the meaning given "practicable" in this subsection.

(c) In the definition of "procurement officer" set out in AS 36.30.990 (13), "authorized" means authorized by a written delegation under 2 AAC 12.740 by the head of an agency that has a delegation of procurement authority based on a written determination of capability under AS 36.30.015 .

(d) In AS 36.30.850 (c), "other governments" includes a (1) federally recognized tribe; and (2) foreign government. For purposes of this subsection, "federally recognized tribe" means a Native entity within the State of Alaska that is on the list published by the United States Bureau of Indian Affairs, Department of the Interior, in 67 Federal Register, 46331 - 46333 (July 12, 2002).

History: Eff. 1/1/88, Register 104; am 3/30/90, Register 113; am 3/27/93, Register 125; am 4/25/97, Register 142; am 11/28/97, Register 144; am 10/3/2002, Register 163

Authority: AS 36.30.040