Section 3.109.570. Applicability of procurement protest and appeal procedures.

	(a)  Except for protests of small procurements made under 3 AAC 109.580, the provisions of AS 36.30.560 - 36.30.615 apply to the protest or appeal of a protest on a solicitation, a proposed contract award, or the award of a contract for supplies, services, professional services, or construction. In applying the provisions of AS 36.30.560 - 36.30.615 under this chapter,  
		(1) the rights, powers, and duties relating to appeals of protests concerning the procurement of supplies, services, professional services, or construction duties under AS 36.30  assigned to any commissioner is vested in the executive director with respect to appeals of protests, and the executive director may delegate the rights powers, and duties to the chief procurement officer;  
		(2) the chief procurement officer is responsible for taking all necessary actions following the procedures in AS 36.30.610 and 36.30.615 to develop a recommendation regarding a protest appeal;  
		(3) the chief procurement officer may request, as provided under AS 44.64.030(b), that the office of administrative hearings (AS 44.64.010) conduct a hearing on an appeal in accordance with AS 36.30.670, make findings of fact and conclusions of law, and provide a recommended decision for the chief procurement officer to furnish to the executive director;  
		(4) the chief procurement officer shall make a recommendation to the executive director for a final decision on protest appeals not subject to 3 AAC 109.580; the executive director retains the final decision-making authority on a protest appeal and may affirm, modify, or reject the recommended decision, in whole or in part, may remand to the chief procurement officer or any hearing officer or administrative law judge with instructions, or may take other appropriate action.  
	(b)  Protest of procurements with a total award value of $100,000 or less must be made under 3 AAC 109.580.  

Authorities

44.83.080

Notes

Reference

3 AAC 109.030
3 AAC 109.200
3 AAC 109.330
3 AAC 109.580

Authority

AS 44.83.080

History

Eff. 7/10/2015, Register 215