Section 3 AAC 109.900 - DefinitionsIn this chapter, unless the context requires otherwise,
(1) "authority" means the Alaska Energy Authority;(2) "Alaska business license" means a license required under AS 43.70 (Alaska Business License Act);(3) "Alaska Online Public Notice System" means the system developed under AS 44.62.175;(4) "alternate dispute resolution" means negotiation or mediation voluntarily used to resolve issues in controversy;(5) "change order" means a written order signed by the procurement officer directing the contractor to make changes that the changes clause of the contract authorizes the procurement officer to order without the consent of the contractor;(6) "chief procurement officer " means the person appointed by the executive director under 3 AAC 109.030(c)(1) as the chief procurement officer of the authority;(7) "competitive sealed bidding" means the procedure under 3 AAC 109.210 - 3 AAC 109.330;(8) "competitive sealed proposals" means the procedure under 3 AAC 109 .340 - 3 AAC 109.440;(9) "construction" means (A) 'the process of building, altering, repairing, maintaining, improving, or demolishing a highway, structure, building, or other improvement of any kind to real property;(B) includes services and professional services relating to planning and design required for the construction;(C) does not include the routine operation of an improvement to real property;(10) "contract" means all types of agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, professional services, or construction;(11) "contract modification" means a written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of a contract accomplished by mutual action of the parties to the contract;(12) "cost and pricing data" means information concerning the actual or estimated cost of labor, material, overhead, and other cost elements that have been actually incurred or that are expected to be incurred by the contractor in performing the contract;(13) "design-build construction contract" means a construction contract between the authority and a design-builder lo furnish architecture, engineering, and related design services, and to furnish construction services, including labor and materials;(14) "executive director" means the executive director of the authority;(15) "grantee" means any entity that receives a grant of money or property under which the authority manages the grant on behalf of the entity;(16) "grant" means property furnished by the state, whether real or personal, designated by law, including an appropriation act, as a grant;(17) "interested party" means an actual or prospective bidder or offeror whose economic interest might be affected substantially and directly by the issuance of a contract solicitation, the award of a contract, or the failure to award a contract;(18) "minor informality" (A) means a matter of form rather than substance that (i) is evident from the bid document, or is an insignificant matter that has a negligible effect on price, quantity, quality, delivery, or contractual conditions; and(ii) can be waived or corrected without prejudice to other bidders;(B) includes typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors that are evident from the bid document;(19) "nonresponsive" means a bid or proposal that does not conform in all material respects to the solicitation;(20) "person" means a business, individual, union, committee, club, other organization, or group of individuals;(21) "procurement" (A) means buying, purchasing, renting, leasing, or otherwise acquiring supplies, equipment, services, or construction for the authority;(B) includes functions that pertain to the obtaining of supplies, equipment, services, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration;(22) "procurement officer" (A) means a person authorized to enter into and administer contracts for the authority and make written determinations with respect to them;(B) includes an authorized representative of a procurement officer acting within the limits of the delegated authority;(23) "professional services" means professional, technical, or consultant's services that are predominantly intellectual in character, result in the production of a report or the completion of a task, and include analysis, evaluation, prediction, planning, or recommendation;(24) "protester" means an actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract and who files a protest;(25) "reasonable and adequate procedures" (A) means procedures that ensure fairness to potential offerors and competition commensurate with the circumstances of the procurement, considering price, mission requirements, and available competition;(B) includes contacting only one potential offeror in appropriate circumstances;(26) "responsive bidder" means a firm or person who has submitted a bid that conforms in all material respects to the solicitation;(27) "services" (A) means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports that are merely incidental to the required performance;(B) does not include employment agreements or collective bargaining agreements;(28) "solicitation" means an invitation to bid, a request for proposals, a request for quotations, or any other method of soliciting bids, proposals, or quotes to perform a contract with the authority;(29) "specification" means a description of the physical or functional characteristics, or of the nature of a supply, service, professional service, or construction project; it may include requirements for licensing, inspecting, testing, and delivery;(30) "supplies" (A) means all property of the authority, including equipment, materials, and insurance;(B) includes privately owned real property leased for the authority's use, such as office space;(C) does not include the acquisition or disposition of other interests in land.Eff. 7/10/2015, Register 215, October 2015