2 AAC 12.695 - Protests of small procurements
(a) An interested
party shall attempt to informally resolve a dispute with the procurement
officer regarding a small procurement. If the attempt is unsuccessful, the
interested party may protest the solicitation or the award of a small
procurement contract under
AS
36.30.320. The protest must be filed with the
commissioner of the purchasing agency or the commissioner's designee. The
protester must file a copy of the protest with the procurement officer for the
purchasing agency.
(b) If
protesting a solicitation issued under
2 AAC 12.400, a protest shall be filed before the date
and time that quotations or informal proposals are due to the purchasing
agency.
(c) If protesting the award
of a small procurement contract of not more than $50,000, the protest shall be
filed within 10 days from the date of the solicitation or award, whichever is
later.
(d) If protesting the award
of a small procurement contract greater than $50,000, a protest shall be filed
within 10 days from the date that notice of award is made.
(e) To be accepted by the purchasing agency,
a protest filed under (a) - (d) of this section shall contain the information
required under
AS
36.30.560.
(f) The procurement officer shall immediately
give notice of the protest to the contractor or, if no award has been made, to
all firms or persons that were solicited for the small procurement.
(g) The appropriate commissioner or
commissioner's designee shall
(1) with the
concurrence of the protester, assign the protest to the procurement officer or
other responsible state official for a final administrative resolution under
alternate dispute resolution;
(2)
issue a decision denying the protest and stating the reasons for
denial;
(3) issue a decision that
sustains the protest, in whole or in part, and instruct the procurement officer
to implement an appropriate remedy; or
(4) conduct a hearing on the protest
consistent with the procedures contained in
AS
36.30.670(b).
Notes
Authority:AS 36.30.040
AS 36.30.550
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