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History: Eff. 7/10/2015, Register 215

Authority: AS 44.83.080

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Article 9
General Provisions

Section

900. Definitions.

3 AAC 109.900. Definitions

In this chapter unless the context requires otherwise,

(1) "authority" means the Alaska Energy Authority;

(2) "Alaska business license" means a license required under AS 43.70 (Alaska Business Act);

(3) "Alaska Online Public Notice System" means the system developed under AS 44.62.175 ;

(4) "alternate dispute resolution" means negotiation or mediation voluntarily used to resolve issues in controversy;

(5) "change order" means a written order signed by the procurement officer directing the contractor to make changes that the changes clause of the contract authorizes the procurement officer to order without the consent of the contractor;

(6) "chief procurement officer" means the person appointed by the executive director under 3 AAC 109.030(c) (1) as the chief procurement officer of the authority;

(7) "competitive sealed bidding" means the procedure under 3 AAC 109.210 - 3 AAC 109.330;

(8) "competitive sealed proposals" means the procedure under 3 AAC 109.340 - 3 AAC 109.440;

(9) "construction" means

(A) the process of building, altering, repairing, maintaining, improving, or demolishing a highway, structure, building, or other improvement of any kind to real property;

(B) includes services and professional services relating to planning and design required for the construction;

(C) does not include the routine operation of an improvement to real property;

(10) "contract" means all types of agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, professional services, or construction;

(11) "contract modification" means a written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of a contract accomplished by mutual action of the parties to the contract;

(12) "cost and pricing data" means information concerning the actual or estimated cost of labor, material, overhead, and other cost elements that have been actually incurred or that are expected to be incurred by the contractor in performing the contract;

(13) "design-build construction contract" means a construction contract between the authority and a design-builder to furnish architecture, engineering, and related design services, and to furnish construction services, including labor and materials;

(14) "executive director" means the executive director of the authority;

(15) "grantee" means any entity that receives a grant of money or property under which the authority manages the grant on behalf of the entity,

(16) "grant" means property furnished by the state, whether real or personal, designated by law, including an appropriation act, as a grant;

(17) "interested party" means an actual or prospective bidder or offeror whose economic interest might be affected substantially and directly by the issuance of a contract solicitation, the award of a contract, or the failure to award a contract;

(18) "minor informality"

(A) means a matter of form rather than substance that

(i) is evident from the bid document, or is an insignificant matter that has a negligible effect on price, quantity, quality, delivery, or contractual conditions; and

(ii) can be waived or corrected without prejudice to other bidders;

(B) includes typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors that are evident from the bid document;

(19) "nonresponsive" means a bid or proposal that does not conform in all material respects to the solicitation;

(20) "person" means a business, individual, union, committee, club, other organization, or group of individuals;

(21) "procurement"

(A) means buying, purchasing, renting, leasing, or otherwise acquiring supplies, equipment, services, or construction for the authority;

(B) includes functions that pertain to the obtaining of supplies, equipment, services, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration;

(22) "procurement officer"

(A) means a person authorized to enter into and administer contracts for the authority and make written determinations with respect to them;

(B) includes an authorized representative of a procurement officer acting within the limits of the delegated authority;

(23) "professional services" means professional, technical, or consultant's services that are predominantly intellectual in character, result in the production of a report or the completion of a task, and include analysis, evaluation, prediction, planning, or recommendation;

(24) "protester" means an actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or the award of a contract and who files a protest;

(25) "reasonable and adequate procedures"

(A) means procedures that ensure fairness to potential offerors and competition commensurate with the circumstances of the procurement, considering price, mission requirements, and available competition;

(B) includes contacting only one potential offeror in appropriate circumstances;

(26) "responsive bidder" means a firm or person who has submitted a bid that conforms in all material respects to the solicitation;

(27) "services"

(A) means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports that are merely incidental to the required performance;

(B) does not include employment agreements or collective bargaining agreements;

(28) "solicitation" means an invitation to bid, a request for proposals, a request for quotations, or any other method of soliciting bids, proposals, or quotes to perform a contract with the authority;

(29) "specification" means a description of the physical or functional characteristics, or of the nature of a supply, service, professional service, or construction project; it may include requirements for licensing, inspecting, testing, and delivery;

(30) "supplies"

(A) means all property of the authority, including equipment, materials, and insurance;

(B) includes privately owned real property leased for the authority's use, such as office space;

(C) does not include the acquisition or disposition of other interests in land.

History: Eff. 7/10/2015, Register 215

Authority: AS 44.83.080

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Part 15
Local Boundary Commission

Chapter

110. Municipal Boundary Changes. (3 AAC 110.005 - 3 AAC 110.990)

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Chapter 110
Municipal Boundary Changes

Article

1. Standards for Incorporation of Cities. (3 AAC 110.005 - 3 AAC 110.042)

2. Standards for Incorporation of Boroughs. (3 AAC 110.045 - 3 AAC 110.067)

3. Standards for Annexation to Cities. (3 AAC 110.090 - 3 AAC 110.150)

4. Standards for Annexation to Boroughs. (3 AAC 110.160 - 3 AAC 110.210)

5. Standards for Merger of Municipalities. (3 AAC 110.220 - 3 AAC 110.235)

6. Standards for Consolidation of Municipalities. (3 AAC 110.240 - 3 AAC 110.255)

7. Standards for Detachment from Cities. (3 AAC 110.257 - 3 AAC 110.265)

8. Standards for Detachment from Boroughs. (3 AAC 110.267 - 3 AAC 110.275)

9. Standards for Dissolution of Cities. (3 AAC 110.280 - 3 AAC 110.300)

10. Standards for Dissolution of Boroughs. (3 AAC 110.310 - 3 AAC 110.330)

11. Standards for Deunification. (3 AAC 110.331 - 3 AAC 110.333)

12. Standards for Reclassification of Cities. (3 AAC 110.340 - 3 AAC 110.370)

13. Procedures for Petitioning and for Other Commission Matters. (3 AAC 110.400 - 3 AAC 110.700)

14. General Provisions. (3 AAC 110.900 - 3 AAC 110.990)

Editor's note: As of July 31, 1992, Register 123, this chapter (formerly 19 AAC 10) was reorganized and the new organization is substantially different from what preceded it. Except for 3 AAC 110.045 - 3 AAC 110.060 (Article 2) (formerly 19 AAC 10.045 - 19 AAC 10.060 (Article 2)), the history notes do not reflect the history of section numbers or the subject matter of those sections before Register 123. Except for Article 2, each article has been rewritten in its entirety.

As of Register 151 (October 1999), the provisions of former 19 AAC 10 were relocated by the regulations attorney under AS 44.62.125 (b)(6) to 3 AAC 110, in accordance with ch. 58, SLA 1999.

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Article 1
Standards for Incorporation of Cities

Section

5. Community.

10. Need.

20. Resources.

30. Population.

40. Boundaries.

42. Best interests of state.

3 AAC 110.005. Community

Territory proposed for incorporation as a city must encompass a community.

History: Eff. 5/19/2002, Register 162; am 1/9/2008, Register 185

Authority: Art. X, sec. 1,

Ak Const.

Art. X, sec. 7,

Ak Const.

Art. X, sec. 12,

Ak Const.

AS 29.05.011

AS 44.33.812

3 AAC 110.010. Need

(a) In accordance with AS 29.05.011 (a)(5), a community must demonstrate a reasonable need for city government. In this regard, the commission may consider relevant factors, including

(1) existing or reasonably anticipated social or economic conditions;

(2) existing or reasonably anticipated health, safety, and general welfare conditions;

(3) existing or reasonably anticipated economic development; and

(4) adequacy of existing services.

(b) In accordance with AS 29.05.021 (a), and to promote a minimum number of local government units in accordance with art. X, sec. 1, Constitution of the State of Alaska, a community in the unorganized borough may not incorporate as a city if essential municipal services can be provided more efficiently or more effectively by annexation to an existing city.

(c) In accordance with AS 29.05.021 (b), and to promote a minimum number of local government units in accordance with art. X, sec. 1, Constitution of the State of Alaska, a community within an organized borough may not incorporate as a city if essential municipal services can be provided more efficiently or more effectively

(1) by annexation to an existing city;

(2) by an existing organized borough on an areawide or nonareawide basis; or

(3) through an existing borough service area.

History: Eff. 7/31/92, Register 123; am 5/19/2002, Register 162; am 1/9/2008, Register 185

Authority: Art. X, sec. 1,

Ak Const.

Art. X, sec. 5,

Ak Const.

Art. X, sec. 7,

Ak Const.

Art. X, sec. 12,

Ak Const.

AS 29.05.011

AS 29.05.021

AS 44.33.812

3 AAC 110.020. Resources

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