3 AAC 100.600 - Misrepresentations, fraud, and attempted fraud

(a) A person who makes or uses a misrepresentation in support of a contract claim under this chapter, or who practices or attempts to practice a fraud, at any stage of proceedings relating to a procurement or contract claim under this chapter

(1) forfeits all claims relating to that procurement or contract; and

(2) is obligated to reimburse the authority all sums paid on the claim and for all costs attributable to review of the claim.

(b) The procurement officer or executive director shall make specific findings of misrepresentation, attempted fraud, or fraud before declaring a forfeiture under (a)(1) of this section.

(c) Upon a finding that the recipient of an authority contract made a misrepresentation or fraudulent claim at any stage of proceedings relating to a procurement or contract controversy, the procurement officer may, after consulting with the attorney general, declare the contract void.

(d) In determining if additional action against a person under this section is warranted the attorney general may consider the limitations and penalties under AS 36.30.687.

(e) In this section, "misrepresentation" means a false or misleading statement of material fact, or conduct intended to deceive or mislead concerning material fact, whether it succeeds in deceiving or misleading.

Notes

3 AAC 100.600

Eff. 9/25/2013, Register 207, October 2013

Authority:AS 36.30.015

AS 44.88.080