17 AAC 42.303. Sealed bid

(a) If the airport manager offers a lease, permit, or concession by sealed bid, the manager shall provide public notice of the invitation to bid in accordance with 17 AAC 42.400 and provide a copy of the invitation to bid to each person who requests a copy. An invitation to bid must state the requirements and instructions for submitting a bid.

(b) The airport manager shall set a bid opening date that is no earlier than 30 days after the date that the notice is first published or posted. The notice must include

(1) a summary of the lease, permit, or concession being offered, including the length or range of term and a description of the premises;

(2) the date, time, and place for any pre-bid conference;

(3) the last date and time and the place for bid submission;

(4) the date, time, and place of public bid opening;

(5) any bidder qualifications; and

(6) instructions for obtaining a copy of the invitation to bid.

(c) The airport manager shall make the invitation to bid, including a sample copy of the lease, permit, or concession to be awarded, available to the public at least 30 days before the last date set for submitting bids. The manager may charge any applicable fee established under 17 AAC 42.125 for a copy of the invitation to bid.

(d) The airport manager shall set the minimum acceptable bid at a reasonable amount. The manager may do one or more of the following:

(1) conduct a pre-bid conference, which the manager may designate in the auction documents as either optional or mandatory;

(2) require a bid to be submitted in terms of a bonus bid or in terms of an offer of fees or rent; and

(3) set minimum qualifications to be a bidder.

(e) A bid must include all information required by the invitation to bid, conform to the requirements contained in the invitation to bid, and be submitted in writing in a sealed package delivered to the designated place by the specified date and time.

(f) A bid must include a statement signed by the bidder that the bidder is not

(1) in violation of a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 45, or this chapter;

(2) in violation of a material term of a contract with the department;

(3) in arrears on a rental payment or other material financial obligation to the department; or

(4) in default of a material obligation under any lease, permit, or concession that the department has issued for any property or activity at any airport the department owns, operates, or otherwise controls.

(g) A bid becomes the property of the department upon receipt. The name of the bidder and the contents of the bid are confidential until the bid is opened at the public bid opening, at which time the information in the bid becomes public, except for information that is not subject to disclosure under applicable law or to the extent the invitation to bid allows a bidder to designate certain information as proprietary.

History: Eff. 1/14/2001, Register 157; am 3/28/2002, Register 161

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.070

AS 02.15.090

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