- Alaska Statutes.
- Title 36. Public Contracts
- Chapter 30. State Procurement Code
- Section 620. Contract Claims.
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AS 36.30.620. Contract Claims.
- (a) A contractor shall file a claim concerning a contract awarded under this chapter with the procurement officer. The
contractor shall certify that the claim is made in good faith, that the supporting data are accurate and complete to
the best of the contractor's knowledge and belief, and that the amount requested accurately reflects the contract
adjustment for which the contractor believes the state is liable. Except for a lease rate adjustment called for in the
lease, a claim under this section must be filed within 90 days after the contractor becomes aware of the basis of the
claim or should have known the basis of the claim, whichever is earlier. A lease rate adjustment called for in the
lease must be filed prior to the expiration date of the lease.
- (b) If a claim asserted concerning a contract awarded under this chapter cannot be resolved by agreement, the procurement
officer shall, after receiving a written request by the contractor for a decision, issue a written decision. The
procurement officer shall make the decision not more than 90 days after receipt of all necessary information from the
contractor. If the contractor fails to furnish necessary information requested by the procurement officer, the
procurement officer shall proceed to decide the claim and may, in the procurement officer's discretion, deny all or
part of the claim because of the failure to furnish necessary information. During an appeal under this chapter, the
contractor may not rely on or introduce information that the contractor has failed to furnish to the procurement
officer in support of the claim. Before issuing the decision, the procurement officer shall review the facts relating
to the claim and obtain necessary assistance from legal, fiscal, and other advisors.
- (c) Upon the written request of the procurement officer, the time for issuing a decision under (b) of this section may be
extended for up to 60 additional days by the commissioner if the claim concerns an amount in excess of $50,000. Upon
the written request of the procurement officer showing that good cause exists for a second extension, the commissioner
may extend the time for issuing a decision under (b) of this section up to 90 additional days after the first
extension. The contractor shall be provided with an opportunity to oppose or otherwise respond to the request for a
second extension. If a second extension is granted, the commissioner shall notify the contractor and the procurement
officer in writing that the time for the issuance of a decision has been extended and of the date by which a decision
shall be issued. In this subsection, "commissioner" means the commissioner of administration or, for a claim involving
a construction contract or procurement for the state equipment fleet, the commissioner of transportation and public
- (d) The procurement officer shall furnish a copy of the decision to the contractor by certified mail or other method that
provides evidence of receipt. The decision must include
- (1) a description of the claim;
- (2) a reference to the pertinent contract provisions;
- (3) a statement of the agreed upon and disputed facts;
- (4) findings of fact about the claim;
- (5) a determination of any amount payable;
- (6) a statement of reasons supporting the decision; and
- (7) a statement substantially as follows:
"This is the final decision of the procurement officer. This decision may be appealed to the commissioner of
(administration transportation and public facilities). If you appeal, you must file a written notice of appeal with the
commissioner within 14 days after you receive this decision."
- (e) If the procurement officer does not issue a written decision by the date it is due, the contractor may proceed as if
the procurement officer had issued a decision adverse to the contractor.
- (f) If a claim asserted by the state concerning a contract awarded under this chapter cannot be resolved by agreement the
matter shall be immediately referred to the commissioner of administration or the commissioner of transportation and
public facilities, as appropriate.
- (g) This section does not apply to payment disputes governed by AS 37.05.285.
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