Section 3.100.050. Applicability of regulations.

	(a)  This chapter applies only to contracts solicited or entered into after September 25, 2013 unless the parties agree to apply this chapter to a contract solicited or entered into before that date.  
	(b)  This chapter applies to the expenditure of the authority's funds under a contract, except that this chapter does not apply to  
		(1) transactions of the types listed as exempt under AS 36.30.850(b);  
		(2) loans, loan guarantees, bonds, bond guarantees, or other indebtedness of the authority;  
		(3) contracts that delegate, in whole or in part, the authority's investment powers or fiduciary duties with respect to investments;  
		(4) contracts to  
			(A) finance or acquire a development project under AS 44.88.172, or contracts with an agent or other person to operate or manage a development project under AS 44.88.172;  
			(B) assist in financing or developing a qualified energy development by any means authorized under AS 44.88.680(a)(1), (2), (4), or (5); or   
			(C) assist in financing or developing an Arctic infrastructure development by any means authorized under AS 44.88.830(a)(1), (2), (4), or (5);   
		(5) expenditures by or for the benefit of a partner, developer, limited liability company, or other entity participating with the authority in the financing or development of a project, qualified energy development, or Arctic infrastructure development, whether through a public-private partnership agreement or otherwise, unless expressly adopted in the agreement between the authority and the partner, developer, limited liability company, or other entity;  
		(6) contracts between the authority and the state, its political subdivisions, and other governments or political subdivisions;  
		(7) contracts for legal services relating to existing or probable lawsuits in which the authority is or may become a party;  
		(8) transactions relating to the operation and protection of assets or disposals of property, equipment, or supplies that are acquired through foreclosure, deeds in lieu of foreclosure, or other proceedings against collateral for loans or guarantees of the authority;  
		(9) transactions relating to the operation and protection of assets or disposals of property, equipment, or supplies acquired after default under, or a termination of, a contract regarding a development project under AS 44.88.172, a qualified energy development under AS 44.88.680, or an Arctic infrastructure development under AS 44.88.830; or  
		(10) transactions involving or for the benefit of any subsidiary entity of the authority that is part of a development project under AS 44.88.172, a qualified energy development under AS 44.88.680, or an Arctic infrastructure development under AS 44.88.830.  
	(c)  Nothing in this chapter prevents the authority from complying with the terms and conditions of a grant, gift, bequest, cooperative agreement, or federal assistance agreement.  
	(d)  If a procurement involves the expenditure of federal money or requires federal assistance and there is a conflict between a provision of this chapter and a federal statute, regulation, policy, or requirement, the procurement officer shall comply with the federal statute, regulation, policy, or requirement.  

Authorities

36.30.015;44.88.050;44.88.080

Notes

Authority

AS 36.30.015 AS 44.88.050 AS 44.88.080 ________________________

History

Eff. 9/25/2013, Register 207; am 2/27/2016, Register 217