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.
Notes
Authority:AS 02.15.020
AS 02.15.060
AS 02.15.070
AS 02.15.090
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