Section 17 AAC 95.120 - Protests(a) An interested party may protest the award of a contract, the proposed award of a contract, or a solicitation for supplies, equipment, services, construction, office or other space leases, personal property, or professional services by the authority under this chapter. The protest must be in writing and must include at least the following information:(1) the name, address, and telephone number of the protester;(2) the signature of the protester or the protester's designated representative;(3) identification of the solicitation or contract at issue;(4) a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and(5) the form of relief requested.(b) A protest must be filed no later than 10 calendar days after a notice of intent to award is issued by the executive director. If the protester shows good cause, the executive director may consider a filed protest that is not submitted in a timely manner.(c) The authority will immediately give notice of a protest to the contractor if a contract has been awarded, or if no award has been made, to all interested parties.(d) No later than 15 calendar days after a protest is filed, the executive director shall issue a written decision containing the basis for the decision. A copy of the decision shall be provided to the protester by certified mail or by other means that provide evidence of delivery. A copy of the decision shall be provided to the contractor, if a contract has been awarded.(e) The executive director may extend the time for the decision for up to 30 days upon a written finding of good cause. The executive director shall notify the protester in writing of the date that the decision is due.(f) An appeal from a decision by the executive director on a protest may be filed by the protester with the board. The protester must file the appeal no later than 10 calendar days after receiving the executive director's decision. The appeal must identify the factual and legal errors in the executive director's decision. The board may decide the appeal without an oral hearing, or may request the Office of Administrative Hearings to conduct an administrative hearing under AS 44.64.030(b), in which the hearing officer submits a recommended decision for consideration by the board. The board may affirm, modify, or reject the executive director's decision or hearing officer's recommended decision in whole or in part, may remand the matter to the executive director or hearing officer with instructions, or may take other appropriate action. A copy of the board's decision will be provided to the protester, and to the contractor if a contract has been awarded.(g) The written decision of the board regarding a protest filed under this section is a final administrative decision. The decision will notify the interested party that judicial review of the administrative decision may be had by filing a notice of appeal in accordance with applicable rules of court governing appeals in civil matters.Eff. 9/17/2011, Register 199Authority:AS 19.75.111
AS 36.30.015