17 AAC 42.354. Competitive proposal

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

(b) The airport manager shall set a last date and time for submission of proposals no earlier than 30 days after the date 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-proposal conference;

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

(4) any proposer qualifications; and

(5) instructions for obtaining a copy of the request for proposals.

(c) The airport manager shall make the request for proposals, 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 and time set for submission of proposals. The request for proposals must include the weighting value or numerical system to be applied to each evaluation factor. The manager may charge any applicable fee established under 17 AAC 42.125 for a copy of the request for proposals.

(d) In a request for proposals, the airport manager

(1) may provide for a pre-proposal conference, which the manager may designate in the request for proposals as either optional or mandatory;

(2) may set minimum qualifications to be a successful proposer; and

(3) may require that each qualified proposer reasonably susceptible of award make an oral presentation to or participate in an interview with the proposal evaluation committee.

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

(f) A proposal must include a statement signed by the proposer that the proposer 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 that the department owns, operates, or otherwise controls.

(g) A proposal becomes the property of the department upon receipt. A proposal, the name of each proposer, and the number of proposals received are confidential until review of all proposals is complete and the notice of intent to award is issued. When a notice of intent to award is issued, the information in each proposal becomes public, except for information that is not subject to disclosure under applicable law or to the extent the request, for proposals allows a proposer to designate certain information as proprietary and for such information to be held confidential by the department.

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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