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(a) The department will 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 department determines in writing that an award by competitive means is in the best interest of the state.
(b) An award by competitive means will be made by sealed bid under 17 AAC 45.303 - 17 AAC 45.330 unless the department determines in writing that it is in the best interest of the state to make the award by public auction under 17 AAC 45.333 - 17 AAC 45.351, or competitive proposal under 17 AAC 45.354 - 17 AAC 45.381.
(c) A competitive solicitation will 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 department 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 department will
(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 department awards a permit or lease for nonaviation or auxiliary use on the basis of the highest rent to be paid by the permittee or lessee, the department will charge and the permittee shall pay the bid or proposed rent during the entire term of the permit or lease, as applicable. If the department awards a lease for land for an aviation use on the basis of the highest rent to be paid by the lessee, during the first ten years of the lease term that the department will charge and the lessee shall pay the bid or proposed rent. Beginning with the eleventh year of the lease term, the department will charge and the lessee shall pay the rate then applicable under 17 AAC 45.127 to similar property with an aviation use at the airport, subject to adjustment under 17 AAC 45.295 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. 3/28/2002, Register 161
Authority: AS 02.15.020
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Last modified 7/05/2006