17 AAC 42.333. Public auction

(a) If the airport manager offers a lease, permit, or concession by public auction, the manager shall give public notice of the auction in accordance with 17 AAC 42.400 and provide a copy of the auction documents to each person who requests a copy. The auction documents must state the requirements and instructions for participating in the auction.

(b) The airport manager shall set the auction date 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-auction conference;

(3) the date, time, and place for bidder registration;

(4) the date, time, and place for the auction;

(5) any bidder qualifications; and

(6) instructions for obtaining a copy of the auction documents.

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

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

(1) conduct a pre-auction conference, which the manager may designate in the invitation to bid 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) The auction must be conducted in a reasonable manner that the airport manager determines to be in the best interest of the state. If the manager has set minimum qualifications to be a bidder, a person who is not qualified may not bid.

(f) A bidder must register at the auction and must submit 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 the department has issued for any property or activity at any airport that the department owns, operates, or otherwise controls.

(g) The airport manager shall prohibit a person from bidding at the auction if, at the time of the auction, the person does not present the information required by the auction documents. The manager shall require written proof that a representative of a prospective bidder is authorized to bid and execute all required documents on behalf of, and as a result to bind, any corporation, partnership, joint venture, or person other than the representative. The manager may prohibit a bidding agent from representing more than one person, including the agent.

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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