1. (a) An interested party shall attempt to informally resolve any protest with the procurement officer regarding a procurement with a total award value of $100,000 or less. If the attempt is unsuccessful, the interested party may protest the solicitation or the award of a small procurement contract solicited or awarded under 3 AAC 109.460. The protest must be filed with the executive director. The protester must file a copy of the protest with the procurement officer.
2. (b) If protesting a solicitation issued under 3 AAC 109.460, a protest must be filed before the date and time that quotations or informal proposals are due to the authority.
3. (c) If protesting the award of a small procurement contract of not more than $25,000, the protest must be filed not later than 10 days after the date of the solicitation or award, whichever is later.
4. (d) If protesting the award of a small procurement contract greater than $25,000, a protest must be filed not later than 10 days after the date that notice of award is made.

5. (e) To be accepted by the authority, a protest filed under (a), (b), (c), or (d) of this section must contain

   1. (1) the name, address, and telephone number of the protester;
   2. (2) the signature of the protester or the protester's representative;
   3. (3) identification of the solicitation or contract at issue;
   4. (4) a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and
   5. (5) the form of relief requested.
6. (f) The procurement officer shall immediately give notice of the protest to the contractor or, if no award has been made, to all firms or persons that were solicited for the small procurement.

7. (g) The executive director or the executive director's designee may

   1. (1) with the concurrence of the protester, assign the protest to the chief procurement officer or other responsible state official for a final administrative resolution under alternate dispute resolution;
   2. (2) conduct a hearing on the protest consistent with the procedures set out in 3 AAC 109.570(a)(3); or
   3. (3) issue a final decision under (h) of this section.

8. (h) The executive director or the executive director's designee shall

   1. (1) issue a final decision denying the protest and stating the reasons for denial;
   2. (2) issue a final decision that sustains the protest, in whole or in part, and instruct the procurement officer to implement an appropriate remedy; or
   3. (3) remand to the chief procurement officer or any hearing officer or administrative law judge with instructions.
9. (i) The final decision of the executive director or the executive director's designee under (h) of this section constitutes the final action of the authority on the protest.

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

Authority: AS 44.83.080