Title 15 . Revenue

Chapter 150 . (Repealed)

Section 320. Competitive sealed bidding

15 AAC 150.320. Competitive sealed bidding

(a) Except as otherwise provided in 15 AAC 150.300 - 15 AAC 150.490, and except as provided in 15 AAC 150.330 for professional services contracts, the Corporation will award contracts under 15 AAC 150.300 - 15 AAC 150.490 by competitive sealed bidding.

(b) The Corporation will include in an invitation for competitive sealed bids the following:

(1) instructions and information to bidders concerning the bid submission requirements, time and date set for receipt of bids, address of the office to which bids are to be delivered, maximum time for bid acceptance by the Corporation, and any other special information.

(2) a purchase or project description, evaluation factors, delivery or performance schedule, and the acceptance or inspection requirements that are not included in the purchase or project description;

(3) a description of all applicable contract terms, including warranty, insurance, and bonding requirements;

(4) a requirement for certification by the bidder that it complies with the applicable portion of 42 U.S.C. 2000, as amended, AS 18.80, and regulations adopted under those laws by the federal or state government, as applicable;

(5) a requirement for certification by the bidder that, by submitting a bid, the bidder certifies that the price submitted was independently arrived at without collusion; and

(6) provisions to eliminate discrimination in Corporation contracting based on race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, handicap, or political affiliation.

(c) An invitation to bid will, in the Corporation's discretion,

(1) incorporate other documents by reference;

(2) require receipt of all amendments issued by the Corporation to be acknowledged by bidders; and

(3) require submission of bid samples, descriptive literature, technical data, or other material.

(d) The Corporation will publish notice of an invitation to bid by at least one of the following methods:

(1) mailings to those on the contractor's list maintained under 2 AAC 12.060;

(2) publication in a newspaper of general circulation;

(3) publication in a newspaper of local circulation in the area pertinent to the procurement; or

(4) publication through other appropriate media.

(e) Nothing in this section is meant to limit additional forms of public notice that might be used by the Corporation.

(f) A bidder shall submit its bid in a sealed envelope that indicates the invitation to bid number on the outside of the envelope. Upon receipt, the Corporation will store all bids in a secure place until the time and date set for bid opening.

(g) A bidder may correct or withdraw its bid by written request received in the office designated in the invitation for bids before the time and date set for bid opening. A request under this subsection should be delivered in a sealed envelope with the invitation to bid number printed on the outside of the envelope and must be accompanied by written authorization by the bidder for the correction or withdrawal. The Corporation will include all documents relating to the correction or withdrawal of a bid in the appropriate procurement file.

(h) The Corporation will not accept bids after the time and date set for receipt of bids, and will not accept bid corrections or withdrawals after the time and date set for bid opening, unless the appropriate Corporation officer determines that the delay was attributable to an error by the Corporation.

(i) The Corporation will open bids and bid corrections at the time, date, and place designated in the invitation to bid. The Corporation will tabulate the name of each bidder, the bid price, and other pertinent information.

(j) After the bid opening by the Corporation, the Corporation will permit a bidder to correct or withdraw its bid by reason of a non-judgmental mistake only to the extent the correction or withdrawal is not contrary to the best interest of the Corporation. If a bid mistake is attributable to an error in judgment, the bidder may not correct the bid.

(k) A bidder may not correct an inadvertent error, other than a minor informality, discovered in a bid after opening but before award. If a bidder submits proof to the Corporation clearly demonstrating that an inadvertent error other than a minor informality was made, the Corporation will, in its discretion, permit the bidder to withdraw the bid.

( l ) Unless otherwise prohibited by federal regulation, contractual or grant agreements, or other governing authority, the Corporation will not base the award of a bid on discrimination due to race, religion, color, national origin, sex, age, marital status, parenthood, pregnancy, handicap, or political affiliation of the bidder.

(m) Unless otherwise prohibited by federal regulation, contractual or grant agreements, or other governing authority, the Corporation will award a contract based on solicited bids to the lowest responsive and responsible bidder after applying a five percent preference for each Alaskan bidder.

(n) If the Corporation receives only one responsive and responsible bid in response to an invitation to bid, the Corporation will award the contract to the single bidder if the Corporation determines that the price submitted is fair and reasonable and if the Corporation also determines that either other potential bidders had adequate opportunity to respond or there is not ample time for resolicitation. Otherwise, the Corporation will, in its discretion, reject the bid and

(1) solicit new bids or offers;

(2) cancel the proposed procurement; or

(3) conduct another procurement for the supply or service as a sole source procurement under 15 AAC 150.350, limited competition procurement under 15 AAC 150.360, or emergency procurement under 15 AAC 150.370, as appropriate; another procurement will be conducted under this paragraph only if the appropriate Corporation officer determines, in writing, that

(A) the need for the supply or service continues;

(B) the price of the one bid received is not fair and reasonable; and

(C) either there is no time for resolicitation or resolicitation is unlikely to increase the number of bids.

(o) The Corporation will, in its discretion, cancel an invitation to bid, reject any or all bids in whole or in part, or delay the date for opening bids if the Corporation determines that it is in the Corporation's best interest to do so. The Corporation will make the reasons for the cancellation, rejection, or delay a part of the procurement file.

(p) A notice of intent to award a contract does not constitute notice to proceed with a contract. A notice of intent to award will include

(1) the pertinent solicitation number;

(2) a statement of the proposed contract amount;

(3) the name of the apparently successful bidder; and

(4) a brief description of the supplies, equipment, services, construction, office or other space leases, or personal property that will be the subject of the contract.

(q) If the Corporation determines that it is impractical initially to prepare a definite purchase description to support an award based on price, the Corporation will, in its discretion, use a multi-step sealed bidding process in which it issues an invitation to bid requesting the submission of unpriced technical offers, to be followed by an invitation to bid limited to bidders whose unpriced technical offers the Corporation determines to be technically qualified under criteria set out in the first solicitation.

History: Eff. 6/28/96, Register 138

Authority: AS 36.30.015 (f)