Sec. 2 AAC 12.120 - Invitations for competitive sealed bids

ยง 2 AAC 12.120. Invitations for competitive sealed bids

(a) An invitation to bid must include the following:

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

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

(3) a description of all applicable contract terms and conditions, including warranty and bonding or other security requirements;

(4) a requirement for certification by the bidder that it complies with the applicable provisions of 42 U.S.C. 1981 and 42 U.S.C. 2000 e - 2000e-17 (Civil Rights Act), 42 U.S.C. 12001 - 12213 (Americans with Disabilities Act of 1990), AS 18.80, and regulations adopted under those statutes;

(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, such as goals or financial incentives, established to eliminate and prevent discrimination in state contracting because of race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, or disability.

(b) An invitation to bid may incorporate documents by reference.

(c) An invitation to bid may require the receipt of all amendments issued by the using agency to be acknowledged by bidders.

(d) An invitation to bid may require the submission of bid samples, descriptive literature, technical data, or other material. An invitation to bid may provide for any of the following before award:

(1) inspection or testing of a product for such characteristics as quality or workmanship;

(2) examination of such elements as appearance, finish, taste, or feel; or

(3) other examinations to determine whether a product conforms with other purchase requirements.

(e) An invitation to bid must require the bidder to submit evidence that the bidder's subcontractor work will be allocated to meet provisions, such as goals or financial incentives, established in the bid to eliminate and prevent discrimination in state contracting because of race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, or disability.

(Eff. 1/1/88, Register 104; am 5/16/88, Register 106; am 6/29/95, Register 134)

Authority:AS 36.30.040

AS 36.30.110

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