Section 36.30.300. Single source procurements.

   (a) A contract may be awarded for supplies, services, professional services, or construction without competitive sealed bidding, competitive sealed proposals, or other competition in accordance with regulations adopted by the commissioner. A contract may be awarded under this section only when the chief procurement officer or, for construction contracts or procurements for the state equipment fleet, the commissioner of transportation and public facilities determines in writing that
        (1) it is not practicable to award a contract by competitive sealed bidding under AS 36.30.100, competitive sealed proposals under AS 36.30.200, or limited competition under AS 36.30.305; and
        (2) award of the contract under this section is in the state's best interest.
   (b) The using agency shall submit written evidence to support a request for a single source procurement. The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, may also require the submission of cost or pricing data in connection with an award under this section.
   (c) To the extent practicable, the procurement officer shall negotiate with the single source to obtain contract terms advantageous to the state.
   (d) Procurement requirements may not be aggregated or structured so as to constitute a purchase under this section or to circumvent the source selection procedures required by AS 36.30.100 - 36.30.270.
   (e) Except for procurements of supplies, services, professional services, or construction that do not exceed the amount for small procurements under AS 36.30.320(a) as applicable, the authority to make a determination required by this section may not be delegated, even if the authority to contract is delegated under AS 36.30.015(a) and (b).

Authorities

33.30.031;36.30.315;36.30.365;36.30.520

Notes

Implemented As

2 AAC 12.410
2 AAC 12.415
2 AAC 12.420

References

17 AAC 70.400
2 AAC 12.410
2 AAC 12.415
AS 33.30.031 Contracts for confinement and care of prisoners.
AS 36.30.315 Determinations; false statements; criminal penalty.
AS 36.30.365 Notice of intent to award a contract.
AS 36.30.520 Records of single source and emergency procurements.

History

(Sec. 2 ch 106 SLA 1986; am Sec. 11 ch 102 SLA 1989; am Sec. 4 ch 37 SLA 1993; am Sec. 20 ch 137 SLA 1996)