Title 17 . Transportation and Public Facilities

Chapter 45 . Miscellaneous Provisions

Section 303. Sealed bid

17 AAC 45.303. Sealed bid

(a) If the department makes a lease, permit, or concession available by sealed bid, the department will provide public notice of the invitation to bid in accordance with 17 AAC 45.400 and provide a copy of the invitation to bid to each person who has paid an application fee under 17 AAC 45.205(a) for an application relating to the property or rights being made available, and to each person who requests a copy and pays any amount charged for the copy under 17 AAC 45.127(v) . An invitation to bid will state the requirements and instructions for submitting a bid.

(b) The department will 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 will include

(1) a summary of the lease, permit, or concession being made available, 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;

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

(7) a statement that the department may amend information stated in the notice by giving further notice only to all persons of record to whom the department provided a copy of the invitation to bid and without additional publication.

(c) The department will 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 department may charge an amount set under 17 AAC 45.127(v) for a copy of the invitation to bid.

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

(1) conduct a pre-bid conference, which the department may designate in the bid 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 place and by the date and time specified in the invitation to bid.

(f) A bid must include a statement signed by the bidder that the bidder

(1) has not violated a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 42, or this chapter, which violation the applicant or requestor has not resolved to the satisfaction of the department or manager;

(2) has not violated a material term of a contract with the department, which violation the applicant or requestor has not resolved to the satisfaction of the department or manager;

(3) is not in arrears on a rental payment or other material financial obligation to the department; or

(4) is not 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 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 and for such information to be held confidential by the department.

History: Eff. 3/28/2002, Register 161

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.070

AS 02.15.090