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(a) The department may require that each proposer submit with the proposal a deposit in an amount and form the department determines appropriate to ensure that the successful proposer executes the lease, permit, or concession. The department will specify in the request for proposals the minimum deposit amount, the required form of deposit, and how the deposit will be applied. The required deposit amount will not exceed the greater of
(1) the department's estimate of one year's rents and fees; or
(2) the total rents and fees, as calculated by the proposer, that would be payable by the proposer for the first year of the lease, permit, or concession, in the event the lease, permit, or concession were awarded to that proposer, plus twenty-five percent of any bonus proposed by the proposer.
(b) If the successful proposer does not within the required time sign the lease, permit, concession, or any other required document or perform any other requirement of the request for proposals, the proposer forfeits the proposer's deposit as liquidated damages for the lost benefit to and related additional costs incurred by the department. However, the proposer does not forfeit the deposit if the department finds that the proposer's failure is excused by extraordinary circumstances beyond the proposer's control.
(c) The department will return the deposit of each unsuccessful proposer only after the department has awarded and executed the lease, permit, concession, and any other required document. The department will return all proposal deposits if the department rejects all proposals or cancels the request for proposals.
(d) After the opening of proposals and prior to award and execution of the lease, permit, or concession, the department will return the proposal deposit of a proposer who is not the apparent successful proposer if the proposer submits to the department a written withdrawal of the proposer's proposal from further consideration and the department determines that withdrawal of the proposal and return of the deposit prior to award and execution of the lease, permit, or concession is in the best interest of the state.
(e) Unless the department determines otherwise in writing, withdrawal of a proposal and return of a proposal deposit under (d) of this section is presumed in the best interest of the state if those actions are requested to enable the proposer to bid or propose on a different lease, permit, or concession while the department is holding the deposit that the proposer has requested be returned. In that case, the withdrawal becomes effective upon the department's receipt of the proposer's new bid or proposal, and the department will apply the deposit that the person submitted in support of the withdrawn proposal toward the deposit requirement for the new bid or proposal.
History: Eff. 3/28/2002, Register 161
Authority: AS 02.15.020
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Last modified 7/05/2006