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Title 2 . Administration
Chapter 12 . Public Information
Section 390. Negotiation and award of contract

2 AAC 12.390. Negotiation and award of contract

(a) The procurement officer shall negotiate with the most qualified and suitable offerors in the order in which they are ranked. Contract negotiations shall be directed toward

(1) making certain that the offeror has a clear understanding of the scope of the work and the requirements involved in providing the required services;

(2) determining that the offeror will make available the necessary personnel and facilities to perform the services within the required time; and

(3) agreeing upon compensation that is fair and reasonable, taking into account the estimated value, scope, complexity, and nature of the required services.

(b) The offeror selected for award shall submit and certify cost and pricing data.

(c) Upon failure to negotiate a contract with the most qualified and suitable offeror, the procurement officer shall enter into negotiations with the next most qualified and suitable offeror.

(d) If the procurement officer is unable to negotiate a contract with any of the offerors initially selected as the most highly qualified and suitable offerors, additional offerors may be selected in preferential order based on their respective qualifications.

(e) Written notice of the intent to award must comply with 2 AAC 12.310 and must be sent to each offeror. Notice of intent to award must be made available to the public.

(f) After award of the contract, a memorandum setting out the principal elements of the negotiation shall be prepared by the procurement officer. The memorandum shall be included in the procurement file and be available to the public upon request.

History: Eff. 1/1/88, Register 104; am 3/27/93, Register 125

Authority: AS 36.30.040

AS 36.30.270


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Last modified 7/05/2006