3 AAC 100.050 - Applicability of regulations
(a) This chapter
applies only to contracts solicited or entered into after September 25, 2013
unless the parties agree to apply this chapter to a contract solicited or
entered into before that date.
(b)
This chapter applies to the expenditure of the authority's funds under a
contract, except that this chapter does not apply to
(1) transactions of the types listed as
exempt under
AS
36.30.850(b);
(2) loans, loan guarantees, bonds, bond
guarantees, or other indebtedness of the authority;
(3) contracts that delegate, in whole or in
part, the authority's investment powers or fiduciary duties with respect to
investments;
(4) contracts to
(A) finance or acquire a development project
under AS
44.88.172, or contracts with an agent or
other person to operate or manage a development project under
AS
44.88.172;
(B) assist in financing or developing a
qualified energy development by any means authorized under
AS
44.88.680(a)(1), (2), (4), or
(5); or
(C) assist in financing or developing an
Arctic infrastructure development by any means authorized under
AS
44.88.830(a)(1), (2), (4), or
(5);
(5) expenditures by or for the benefit of a
partner, developer, limited liability company, or other entity participating
with the authority in the financing or development of a project, qualified
energy development, or Arctic infrastructure development, whether through a
public-private partnership agreement or otherwise, unless expressly adopted in
the agreement between the authority and the partner, developer, limited
liability company, or other entity;
(6) contracts between the authority and the
state, its political subdivisions, and other governments or political
subdivisions;
(7) contracts for
legal services relating to existing or probable lawsuits in which the authority
is or may become a party;
(8)
transactions relating to the operation and protection of assets or disposals of
property, equipment, or supplies that are acquired through foreclosure, deeds
in lieu of foreclosure, or other proceedings against collateral for loans or
guarantees of the authority;
(9)
transactions relating to the operation and protection of assets or disposals of
property, equipment, or supplies acquired after default under, or a termination
of, a contract regarding a development project under
AS
44.88.172, a qualified energy development
under AS
44.88.680, or an Arctic infrastructure
development under
AS
44.88.830; or
(10) transactions involving or for the
benefit of any subsidiary entity of the authority that is part of a davelopment
project under
AS
44.88.172, a qualified energy development
under AS
44.88.680, or an Arctic infrastructure
development under
AS
44.88.830.
(c) Nothing in this chapter prevents the
authority from complying with the terms and conditions of a grant, gift,
bequest, cooperative agreement, or federal assistance agreement.
(d) If a procurement involves the expenditure
of federal money or requires federal assistance and there is a conflict between
a provision of this chapter and a federal statute, regulation, policy, or
requirement, the procurement officer shall comply with the federal statute,
regulation, policy, or requirement.
Notes
Authority:AS 36.30.015
AS 44.88.050
AS 44.88.080
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