17 AAC 95.020 - Competitive sealed bidding

(a) Except as otherwise provided in this chapter, the authority will award contracts for the procurement of goods, services, equipment, and supplies by competitive sealed bidding.

(b) The authority will include in an invitation for competitive sealed bids the following:

(1) instructions and information to bidders concerning the bid submission requirements, time and date set for receipt of bids, address of the office to which bids are to be delivered, maximum time for bid acceptance by the authority, and any other special information;

(2) a purchase or project description, evaluation factors, delivery or performance schedule, and the acceptance or inspection requirements that are not included in the purchase or project description;

(3) a description of all applicable contract terms, including warranty, insurance, and bonding requirements;

(4) a requirement for certification by the bidder that it complies with the applicable portion of 42 U.S.C. 2000 a - 2000e-4, AS 18.80, and regulations adopted under those laws by the federal or state government, as applicable;

(5) a requirement for certification by the bidder that, by submitting a bid, the bidder certifies that the price submitted was independently arrived at without collusion; and

(6) provisions to eliminate discrimination in authority contracting based on race, religion, color, national origin, age, sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, or political affiliation.

(c) An invitation to bid may

(1) incorporate other documents by reference;

(2) require receipt of all amendments issued by the authority to be acknowledged by bidders; and

(3) require submission of bid samples, descriptive literature, technical data, or other material.

(d) The authority will post the notice of an invitation to bid on the Alaska Online Public Notice System in accordance with AS 44.62.175 and publish it by at least one of the following methods:

(1) mailings to those on the contractor's list maintained under 2 AAC 12.060;

(2) publication in a newspaper of general circulation;

(3) publication in a newspaper of local circulation in the area pertinent to the procurement; or

(4) publication through other appropriate media.

(e) Nothing in this section limits additional forms of public notice that might be used by the authority.

(f) A bidder shall submit its bid in a sealed envelope that indicates the invitation to bid number on the outside of the envelope. Upon receipt, the authority will store all bids in a secure place until the time and date set for bid opening.

(g) A bidder may correct or withdraw its bid by written request received in the office designated in the invitation for bids before the time and date set for bid opening. A request under this subsection must be delivered in a sealed envelope with the invitation to bid number printed on the outside of the envelope and must be accompanied by written authorization by the bidder for the correction or withdrawal. The authority will include all documents relating to the correction or withdrawal of a bid in the appropriate procurement file.

(h) The authority will not accept bids after the time and date set for receipt of bids, and will not accept bid corrections or withdrawals after the time and date set for bid opening, unless the appropriate authority officer determines that the delay was attributable to an error by the authority.

(i) The authority will open bids and bid corrections at the time, date, and place designated in the invitation to bid. The authority will tabulate the name of each bidder, the bid price, and other pertinent information.

(j) After the bid opening, the authority will permit a bidder to correct or withdraw its bid by reason of a non-judgmental mistake only to the extent the correction or withdrawal is not contrary to the best interest of the authority. If a bid mistake is attributable to an error in judgment, the bidder may not correct the bid.

(k) A bidder may not correct an inadvertent error, other than a minor informality, discovered in a bid after opening but before award. If a bidder submits proof to the authority clearly demonstrating that an inadvertent error other than a minor informality was made, the authority may permit the bidder to withdraw the bid.

(l) Unless otherwise prohibited by federal regulation, contractual or grant agreements, or other governing authority, the authority will not base the award of a bid on discrimination due to race, religion, color, national origin, sex, age, marital status, parenthood, pregnancy, disability, or political affiliation of the bidder.

(m) If the authority receives only one responsive and responsible bid in response to an invitation to bid, the authority may award the contract to the single bidder if the authority determines that the price submitted is fair and reasonable and if the authority also determines that either other potential bidders had adequate opportunity to respond or there is not ample time for resolicitation. Otherwise, the authority may reject the bid and

(1) solicit new bids or offers;

(2) cancel the proposed procurement; or

(3) conduct another procurement for the supply or service as a sole source procurement under 17 AAC 95.060, limited competition procurement under 17 AAC 95.070, or emergency procurement under 17 AAC 95.080, as appropriate.

(n) The authority may cancel an invitation to bid, reject any or all bids in whole or in part, or delay the date for opening bids if the authority determines that it is in the authority's best interest to do so. The authority will make the reasons for the cancellation, rejection, or delay a part of the procurement file.

(o) Unless otherwise prohibited by federal regulation, contractual or grant agreements, or other governing authority, the authority will award the contract to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set out in the invitation to bid, after an Alaska bidder preference of five percent, an Alaska products preference as described in AS 36.30.322-36.30.338, and a recycled products preference under AS 36.30.337 have been applied. In this subsection, "Alaska bidder" has the meaning given in AS 36.30.170(b).

(p) Before awarding a contract, the authority will issue a notice of intent to award a contract. A notice of intent to award a contract does not constitute notice to proceed with a contract. A notice of intent to award a contract will include

(1) the pertinent solicitation number;

(2) a statement of the proposed contract amount;

(3) the name of the apparently successful bidder; and

(4) a brief description of the supplies, equipment, services, construction, office or other space leases, or personal property that will be the subject of the contract.

(q) If the authority determines that it is impractical initially to prepare a definite purchase description to support an award based on price, the authority may use a multi-step sealed bidding process in which it issues an invitation to bid requesting the submission of unpriced technical offers, to be followed by an invitation to bid limited to bidders whose unpriced technical offers the authority determines to be technically qualified under criteria set out in the first solicitation.

Notes

17 AAC 95.020

Eff. 9/17/2011, Register 199

Authority:AS 19.75.111

AS 36.30.015