Section 2.12.430. Conditions for use of limited competition procurement.

	(a)  A request by a purchasing agency to limit that a procurement to two or more potential contractors must be accompanied by a written explanation as to why the solicitation should be limited, and why the competitive sealed bidding, competitive sealed proposals, or small procurement procedures are impracticable or contrary to the public interest. The agency must include with the written explanation the evidence necessary for the independent examination and determination of the material facts of the procurement, subject to AS 36.30.315. To determine if other sources are available or interested in a procurement, an agency may advertise an intent to make a limited competition procurement. Except for a procurement that does not exceed the amount for small procurements under AS 36.30.320, the award of a limited competition procurement may not be made without the prior written approval of the chief procurement officer, the commissioner of transportation and public facilities, or the attorney general, as appropriate under AS 36.30.305(a).  
	(b)  A procurement for construction under this section must be for less than $100,000.  
	(c)  A procurement officer shall solicit offers or conduct negotiations, as appropriate, as to price, delivery, and terms, equally with each potential contractor for a limited competition procurement.  

Authorities

36.30.040;36.30.305

Notes

Reference

17 AAC 70.400
2 AAC 12.190

Authority

AS 36.30.040 AS 36.30.305 ________________________

History

Eff. 1/1/88, Register 104; am 3/30/90, Register 113; am 6/29/95, Register 134; am 11/28/97, Register 144