15 AAC 112.160. Sole source procurements

(a) A determination by the board that a procurement be restricted to one potential contractor must be accompanied by a written explanation as to why a procurement from a source is in the best interest of the beneficiaries of the pension funds. The board will, in its discretion, advertise an intent to make a sole source award for the purpose of determining if other sources are reasonably available or interested in a particular procurement. The board will make a determination in writing that a sole source exists. The determination must state in detail the factual basis for the determination that sole source conditions exist and for the selection of the particular source. The board will maintain the determination in the procurement file. Award of a sole source procurement may not be made without the signature of the board secretary and the approval of the board given at a regular meeting.

(b) The written determination required in (a) of this section must specify the duration of its effectiveness.

(c) The board or its designee will conduct negotiations, as appropriate, as to price, delivery, and terms of a sole source procurement.

(d) The following are examples of circumstances in which sole source procurement might be appropriate:

(1) if the compatibility of equipment, accessories, or replacement parts is the main consideration;

(2) if a specific item is needed for trial use or testing, including testing of a prototype;

(3) if an item is to be procured for resale;

(4) if public utility services are to be procured;

(5) if specific market information services are to be procured;

(6) if a person possesses a special expertise required to perform the specific professional service; and

(7) if the procurement is for the services of legal counsel for the purpose of advising or representing the state in specific civil or criminal proceedings or on specific matters before federal or state regulatory agencies, boards, or commissions.

History: Eff. 7/17/94, Register 134; am 10/13/96, Register 143

Authority: AS 37.10.240

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