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(a) Appeals permitted by the following sections are subject to the provisions of this section: 15 AAC 150.320(p) , 15 AAC 150.330(k) , 15 AAC 150.380, 15 AAC 150.740, and 15 AAC 154.060.
(b) An interested party may protest the award of a contract or grant, or low-income housing tax credit, the proposed award of a contract or grant, or low-income housing tax credit, or a solicitation for supplies, services, construction, space leases, or professional services by the Corporation. The protest must be in writing and must include at least the following information:
(1) the name, address, and telephone number of the protester;
(2) the signature of the protester or the protester's designated representative;
(3) identification of the solicitation, contract, or grant agreement at issue;
(4) a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and
(5) the form of relief requested.
(c) A protest based on alleged improprieties in an award of a contract or grant, or a proposed award of a contract or grant, must be filed within ten calendar days after a notice of intent to award is issued by the chief procurement officer. If the protester shows good cause, the chief procurement officer will, in his or her discretion, consider a filed protest that is not submitted in a timely manner.
(d) The appropriate Corporation officer will immediately give notice of a protest to the contractor if a contract has been awarded, or the apparently successful grantee if a grant has been awarded, or, if no award has been made, to all interested parties.
(e) Within 14 calendar days after a protest is filed, the appropriate Corporation officer will issue a written decision containing the basis of the decision concerning the protest and will furnish a copy of the decision to the protester by certified mail or by other means that provide evidence of delivery.
(f) An appeal from a protest decision may be filed by the protester with the chief procurement officer within five calendar days after the decision is received and must include the following information:
(1) a copy of the decision being appealed; and
(2) identification of the factual or legal errors in the decision that form the basis for appeal.
(g) The chief procurement officer will, within 15 calendar days after receipt of an appeal, notify the appellant of the acceptance or rejection of the appeal and, if it is rejected, the reasons for the rejection.
(h) The chief procurement officer will issue a final decision on an appeal without an oral hearing.
(i) A contractor may file with the Corporation a claim concerning a contract controversy. The contractor shall certify that the claim is made in good faith, the supporting data is accurate and complete, and the amount requested as a result of the controversy accurately reflects the amount for which the contractor believes the Corporation is liable.
(j) If a controversy cannot be resolved by agreement, the chief procurement officer will issue a written decision. The decision will be made no more than 90 calendar days after receipt by the Corporation of all necessary information from the contractor. A copy of the decision will be forwarded to the contractor. Before issuing the decision, the Corporation will review the facts relating to the controversy and obtain necessary assistance from legal, fiscal, and other essential advisers. The decision will include:
(1) a description of the controversy;
(2) reference to the pertinent contract provisions; and
(3) a statement of the reasons supporting the decision.
(k) The Corporation will consider no further appeal from a written decision of the chief procurement officer.
( l ) In this section, "interested party" means:
(1) with respect to the award of a grant or contract, a person who applied for the grant or contract but was not selected by the Corporation, and
(2) with respect to a solicitation for supplies, services, construction, space leases, or professional services, a person who is capable of providing the supplies, services, construction, space leases, or professional services and who did not receive the solicitation.
History: Eff. 5/7/93, Register 130; am 9/23/97, Register 145; am 9/19/2001, Register 160
Authority: AS 18.56.088
Editor's note: Before Register 130, July, 1994, the substance of 15 AAC 150.220 was contained in former 15 AAC 118.845. The history note for 15 AAC 150.220 does not reflect the history of the section under its former number.
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Last modified 7/05/2006