Current through August 30, 2024
(a) In determining
whether a bidder or proposer under
17 AAC 45.300 -
17 AAC 45.399 is responsible, the
department will or the evaluation committee shall, as applicable, consider such
relevant factors as the bidder's or proposer's
(1) record of operational and contractual
performance;
(2) legal
qualification to contract with the state;
(3) financial capacity and access to
financing relative to the obligations of the lease, permit, or concession;
and
(4) possession of, plan to
obtain, or documented commitment from a third person to provide, as applicable,
equipment, expertise, personnel, franchise rights, or other items necessary to
fulfill the obligations of the lease, permit, or concession.
(b) The department will or an
evaluation committee appointed under
17 AAC 45.366 shall, as
applicable, determine that a bidder or proposer under this chapter is not
responsible if the department or proposal evaluation committee, as applicable,
determines that the bidder or proposer
(1) has
violated a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17
AAC 42, or this chapter, which violation the applicant or requester has not
resolved to the satisfaction of the department or manager;
(2) has violated a material term of a
contract with the department, which violation the applicant or requester has
not resolved to the satisfaction of the department or manager;
(3) is in arrears on a rental payment or
other material financial obligation to the department;
(4) is in default of a material obligation
under any lease, permit, or concession that the department has issued for any
property or activity at any airport that the department owns, operates, or
otherwise controls;
(5) fails
timely to meet or to demonstrate that the bidder or proposer meets the
qualification requirements established in the bid documents issued under
17 AAC 45.303, auction documents
issued under
17 AAC 45.333, or proposal
documents issued under
17 AAC 45.354, as
applicable;
(6) fails timely to
establish financial responsibility acceptable to the department; or
(7) fails timely to provide sufficient
information to determine its responsibility after request by the
department.
(c) A
finding of responsibility under this section or under another provision of
17 AAC 45.300 -
17 AAC 45.399, as applicable, does
not relieve a bidder or proposer from any requirement for performance under the
lease, permit, or concession.
As of Register 204 (January 2013), and under
AS
44.62.125(b)(6), the
regulations attorney made technical corrections to
17 AAC 45.390.
Authority:AS
02.15.020
AS 02.15.060
AS 02.15.070
AS
02.15.090
