Section 17 AAC 45.354 - Competitive proposal(a) If the department makes a lease, permit, or concession available by competitive proposal, the department will give public notice of the request for proposals in accordance with 17 AAC 45.400 and provide a copy of the proposal documents to each person who has paid an application fee under 17 AAC 45.205(a) for an application relating to the property or rights being made available, and to each person who requests a copy and pays any amount charged for the proposal documents under 17 AAC 45.127(s). The proposal documents will state the requirements and instructions for submitting a proposal.(b) The department will set the last time and date for submission of proposals no earlier than 30 days after the date the notice is first published or posted. In addition to applicable information required under 17 AAC 45.400(e), the notice must include(1) a summary of the lease, permit, or concession being made available, including the length or range of term and a description of the premises;(2) the date, time, and place for any pre-proposal conference;(3) the last date and time and the place for submission of proposals;(4) any proposer qualifications;(5) instructions for obtaining a copy of the proposal documents; and(6) a statement that the department may amend information stated in the notice by giving further notice only to all persons who have requested a copy of the proposal documents and without additional publication.(c) The department will make the proposal documents, including a sample copy of the lease, permit, or concession to be awarded, available to the public at least 30 days before the last date and time set for submission of proposals. The proposal documents will include the weighting value or numerical system to be applied to each evaluation factor. The department may charge an amount set under 17 AAC 45.127(s) for a copy of the proposal documents.(d) In the proposal documents, the department may(1) provide for a pre-proposal conference, which the department may designate in the proposal documents as either optional or mandatory;(2) set minimum qualifications to be a successful proposer; and(3) require that each qualified proposer reasonably susceptible of award make an oral presentation to or participate in an interview with the proposal evaluation committee.(e) A proposal must include all information required by the proposal documents, conform to the requirements contained in the proposal documents, and be submitted in writing in a sealed package to the designated place by the last date and time specified in the proposal documents.(f) A proposal must include a statement signed by the proposer that the proposer (1) has not violated a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 42, or this chapter, which violation the applicant or requester has not resolved to the satisfaction of the department or manager;(2) has not violated a material term of a contract with the department, which violation the applicant or requester has not resolved to the satisfaction of the department or manager;(3) is not in arrears on a rental payment or other material financial obligation to the department; or(4) is not in default of a material obligation under any lease, permit, or concession that the department has issued for any property or activity at any airport that the department owns, operates, or otherwise controls.(g) A proposal becomes the property of the department upon receipt. A proposal, the name of each proposer, and the number of proposals received are confidential until review of all proposals is complete and the notice of intent to award is issued. When a notice of intent to award is issued, the information in each proposal becomes public, except for information that is not subject to disclosure under applicable law or to the extent the proposal documents allow a proposer to designate certain information as proprietary and for such information to be held confidential by the department.Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 4/23/2009, Register 190As of Register 204 (January 2013), and under AS 44.62.125(b)(6), the regulations attorney made technical corrections to 17 AAC 45.354.
Authority:AS 02.15.020
AS 02.15.060
AS 02.15.070
AS 02.15.090