2 Alaska Admin. Code § 12.695

Current through May 31, 2024

Section 2 AAC 12.695 - Protests of small procurements

(a) An interested party shall attempt to informally resolve a dispute with the procurement officer regarding a small procurement. If the attempt is unsuccessful, the interested party may protest the solicitation or the award of a small procurement contract under AS 36.30.320. The protest must be filed with the commissioner of the purchasing agency or the commissioner's designee. The protester must file a copy of the protest with the procurement officer for the purchasing agency.

(b) If protesting a solicitation issued under 2 AAC 12.400, a protest shall be filed before the date and time that quotations or informal proposals are due to the purchasing agency.

(c) If protesting the award of a small procurement contract of not more than $50,000, the protest shall be filed within 10 days from the date of the solicitation or award, whichever is later.

(d) If protesting the award of a small procurement contract greater than $50,000, a protest shall be filed within 10 days from the date that notice of award is made.

(e) To be accepted by the purchasing agency, a protest filed under (a) - (d) of this section shall contain the information required under AS 36.30.560.

(f) The procurement officer shall immediately give notice of the protest to the contractor or, if no award has been made, to all firms or persons that were solicited for the small procurement.

(g) The appropriate commissioner or commissioner's designee shall

(1) with the concurrence of the protester, assign the protest to the procurement officer or other responsible state official for a final administrative resolution under alternate dispute resolution;

(2) issue a decision denying the protest and stating the reasons for denial;

(3) issue a decision that sustains the protest, in whole or in part, and instruct the procurement officer to implement an appropriate remedy; or

(4) conduct a hearing on the protest consistent with the procedures contained in AS 36.30.670(b).

2 AAC 12.695

Eff. 4/25/97, Register 142; am 2/28/2014, Register 209, April 2014

Authority:AS 36.30.040

AS 36.30.550