17 AAC 42.300. Competitive award

(a) The airport manager shall award a lease, permit, or concession by competitive means

(1) when this chapter or other applicable law requires;

(2) if the lease, permit, or concession is for an exclusive right; or

(3) when the manager determines in writing that competitive award is in the best interest of the state.

(b) A competitive award must be made by sealed bid under 17 AAC 42.303 - 17 AAC 42.330, public auction under 17 AAC 42.333 - 17 AAC 42.351, competitive proposal under 17 AAC 42.354 - 17 AAC 42.381, or innovative contracting under 17 AAC 42.384 - 17 AAC 42.387.

(c) A competitive solicitation must include a requirement that a bidder or proposer certify, under penalty of perjury, that the bidder or proposer independently arrived at and prepared the bid or proposal without collusion.

(d) If the airport manager determines in writing that a prospective bidder or proposer assisted in the drafting of the competitive solicitation or otherwise gained substantial information regarding the competitive solicitation that was not available to the public, the manager shall

(1) exclude the prospective bidder or proposer from submitting a bid or proposal in response to the competitive solicitation; or

(2) if the prospective bidder or proposer has submitted a bid or proposal in response to the competitive solicitation, reject the bid or proposal.

(e) If the airport manager awards a lease or permit for land for an aviation use on the basis of the highest rent to be paid by the lessee or permittee, the manager shall charge and the lessee or permittee shall pay the bid rent only during the first five years of the lease or permit term. Beginning with the sixth year of the term, the manager shall charge and the lessee or permittee shall pay the rate then applicable under 17 AAC 42.125 to similar property with an aviation use at the airport, subject to adjustment under 17 AAC 42.295 thereafter.

(f) Except as otherwise expressly provided in the competitive solicitation, a bidder or proposer is responsible for all costs associated with the preparation and submission of a bid or proposal.

(g) In this section, "competitive solicitation" includes an invitation to bid, public auction documents, and a request for proposals.

History: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

AS 02.15.210

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