1. (a) Procurement requirements may not be artificially divided or fragmented so as to constitute a purchase under this section or to circumvent the source selection procedures required under 3 AAC 109.210 - 3 AAC 109.330 or 3 AAC 109.340 - 3 AAC 109.440.
2. (b) The procurement officer shall use reasonable and adequate procedures, and make records that facilitate auditing of the procurement, when procuring supplies, services, professional services, or construction estimated to cost not more than $5,000.

3. (c) The procurement officer shall use the following procedures in the procurement of supplies, services, professional services, or construction estimated to cost more than $5,000, but not more than $25,000:

   1. (1) for the solicitation,

      1. (A) at least three firms or persons shall be contacted for a quotation or informal proposal; and
      2. (B) the solicitation may be made verbally or in writing; in the solicitation, the procurement officer shall include the specifications, the award criteria, and the date and time responses are due;

   2. (2) for the award, the procurement officer shall make the award

      1. (A) in accordance with the specifications and award criteria in the solicitation; and
      2. (B) to the responsive and responsible firm or person that submitted the lowest quotation or the informal proposal that is the most advantageous to the grantee;

   3. (3) as part of the file on the procurement, the procurement officer shall include the

      1. (A) name of the person who made the solicitation and the date of the solicitation;
      2. (B) information provided by the procurement officer under (1)(B) of this subsection;
      3. (C) names of the firms or persons contacted, a summary of any verbal responses, and copies of all quotations or informal proposals received; and
      4. (D) justification for the award.

4. (d) The procurement officer shall use the following procedures for the procurement of supplies, services, professional services, or construction estimated to cost more than $25,000, but not more than $100,000:

   1. (1) for the solicitation,

      1. (A) at least three firms or persons shall be contacted for a quotation or an informal proposal;
      2. (B) the solicitation shall be made in writing; in the solicitation, the procurement officer shall include the specifications, the award criteria, the requirement that the response be made in writing, and the date and time responses are due;

   2. (2) for the award, the procurement officer shall

      1. (A) make the award

         1. (i) in accordance with the specifications and award criteria in the solicitation; and
         2. (ii) to the responsive and responsible firm or person that submitted the lowest quotation or the informal proposal that is the most advantageous to the grantee; and
      2. (B) provide written notice of the award, including the name of the successful offeror, to each firm or person providing a quotation or informal proposal, and will describe protest rights under 3 AAC 109.580 and the time limitations within which a protest must be received;

   3. (3) as part of the file on the procurement, the procurement officer shall include

      1. (A) a copy of the solicitation made under (1)(B) of this subsection;
      2. (B) the names of the firms or persons contacted and copies of all written quotations or informal proposals received; and
      3. (C) documentation of and the justification for the award.
5. (e) Nothing in this section prevents postings in electronic media to satisfy the competitive solicitation and notice of award requirements. Quotes and informal proposals may be submitted in electronic media if permitted by the procurement officer.

(Eff. 7/10/2015, Register 215)

Authority: AS 44.83.080