Government Contract Bid Protest - Alaska

ALASKA GOVERNMENT CONTRACT BID PROTEST PACKET

USE NOTE — SELECT THE CORRECT TRACK

This packet covers a protest of a State of Alaska solicitation, proposed award, or award under AS 36.30.560-.615. It does not cover a contractor's claim concerning performance of an existing contract, which follows the separate claim process beginning at AS 36.30.620.

Small procurements use 2 AAC 12.695. That regulation changes the initial recipient and some deadlines. Complete the routing questions before drafting.

DEADLINE GUIDE

Regular Procurement — AS 36.30.565

• A protest alleging an impropriety or ambiguity in the solicitation generally must be filed at least 10 days before the bid or proposal due date.
• If the solicitation expressly allows a later protest due date, that date controls.
• If the solicitation uses a shortened public-notice period, a solicitation protest must be filed before the bid or proposal due date.
• If a pre-bid or pre-proposal conference occurs within 12 days of the due date, a solicitation protest must be filed before the bid or proposal due date.
• A protest alleging impropriety in an award or proposed award must be filed within 10 days after the procurement officer issues the notice of intent to award.
• The procurement officer may consider an untimely protest only if the protester shows good cause.

Small Procurement — 2 AAC 12.695

• The interested party must first attempt informal resolution with the procurement officer.
• The protest is filed with the commissioner of the purchasing agency or the commissioner's designee, with a copy to the procurement officer.
• A protest of a solicitation issued under 2 AAC 12.400 must be filed before quotations or informal proposals are due.
• A protest of an award of not more than $50,000 must be filed within 10 days from the solicitation or award date, whichever is later.
• A protest of an award greater than $50,000 must be filed within 10 days from notice of award.

The exact date and time matter. Confirm how the receiving office treats electronic submission, weekends, holidays, and proof of receipt.

PART A — REGULAR PROCUREMENT PROTEST

To: [Procurement Officer]
Contracting Agency: [________________________________]
Submission Address or Email: [________________________________]

From: [Protester Legal Name]
Date: [__/__/____]

Re: Protest of [Solicitation / Proposed Award / Award], Solicitation or Contract No. [________________________________]

1. PROTESTER INFORMATION

AS 36.30.560 requires the protester's name, address, telephone number, and signature.

2. PROCUREMENT IDENTIFICATION

AS 36.30.560 also requires identification of the contracting agency and the solicitation or contract at issue.

3. INTERESTED-PARTY STATUS

Protester is an interested party because:

☐ Protester submitted, or intends and is eligible to submit, a bid or proposal
☐ Protester is directly affected by an alleged solicitation defect
☐ Protester is directly affected by the proposed award or award
☐ Other basis: [________________________________]

Supporting facts:

[________________________________]

[________________________________]

4. TIMELINESS

☐ Solicitation impropriety or ambiguity: The bid or proposal is due [__/__/____]. This protest is filed [at least 10 days before that date / before the due date under the shortened-notice exception / before the due date because the conference occurred within 12 days / by the later date expressly allowed in the solicitation].

☐ Award or proposed-award impropriety: The procurement officer issued the notice of intent to award on [__/__/____]. This protest is filed within 10 days after issuance.

☐ Good cause for late consideration requested: [State the specific facts establishing good cause under AS 36.30.565(b).]

Deadline calculation and proof:

[________________________________]

[________________________________]

5. DETAILED LEGAL AND FACTUAL GROUNDS

AS 36.30.560 requires a detailed statement of legal and factual grounds, including copies of relevant documents.

Ground 1 — [DESCRIPTIVE HEADING]

Challenged requirement or action:

[________________________________]

Relevant solicitation, statute, regulation, or evaluation provision:

[________________________________]

Facts:

[________________________________]

[________________________________]

Why the action is improper:

[________________________________]

[________________________________]

Supporting documents: Exhibits [____].

Ground 2 — [DESCRIPTIVE HEADING]

[________________________________]

[________________________________]

Ground 3 — [DESCRIPTIVE HEADING]

[________________________________]

[________________________________]

6. REQUEST FOR STAY OF AWARD

Filing a regular protest does not automatically stop award. Under AS 36.30.575, award may proceed unless the procurement officer determines in writing that either a reasonable probability exists that the protest will be sustained or a stay is not contrary to the State's best interests.

Protester requests a written stay determination because:

1. The protest is reasonably likely to be sustained because [________________________________]; and/or
2. A stay is not contrary to the State's best interests because [________________________________].

Relevant timing, operational, cost, and public-interest facts:

[________________________________]

[________________________________]

7. RELIEF REQUESTED

AS 36.30.560 requires the form of relief requested. If a protest is sustained, AS 36.30.585 requires an appropriate remedy and limits the protester's damages to reasonable bid or proposal preparation costs.

Protester asks the procurement officer to:

☐ Amend or clarify the solicitation and extend the response deadline
☐ Cancel and resolicit the procurement
☐ Reevaluate bids or proposals under the stated criteria
☐ Set aside the proposed award or award
☐ Award reasonable bid or proposal preparation costs if supported and legally available
☐ Grant another appropriate procurement remedy: [________________________________]

8. SIGNATURE

I certify that this protest and its exhibits are submitted by the Protester or an authorized representative.

Date: [__/__/____]

_________________________________________
Signature

_________________________________________
Printed name and title

PART B — APPEAL FROM REGULAR PROTEST DECISION

An appeal from the procurement officer's protest decision is governed by AS 36.30.590, not AS 36.30.585. It must be filed within 10 days after the protester receives the decision. A copy must also be filed with the procurement officer.

The appeal goes to the commissioner of administration, except that protests involving construction, lease of space, or procurement for the State equipment fleet go to the commissioner of transportation and public facilities. Confirm any lawful delegation and use the instructions in the procurement officer's decision.

To: [Appropriate Commissioner or Authorized Delegate]
Copy to: [Procurement Officer]
Date: [__/__/____]

Re: Appeal of Protest Decision, Solicitation or Contract No. [________________________________]

1. DECISION AND TIMELINESS

The procurement officer issued the written decision on [__/__/____]. Protester received it on [__/__/____] by [method]. This appeal is filed within 10 days after receipt.

A copy of the decision is attached as Exhibit A.

2. REQUIRED PROTEST INFORMATION

This appeal incorporates and, where necessary, restates the information required by AS 36.30.560:

1. Protester name, address, telephone number, and signature;
2. Contracting agency and procurement identification;
3. Detailed legal and factual grounds with relevant documents; and
4. Requested relief.

3. FACTUAL OR LEGAL ERRORS IN THE DECISION

AS 36.30.590 requires identification of the factual or legal errors forming the basis for appeal.

Error 1 — [HEADING]

[________________________________]

[________________________________]

Error 2 — [HEADING]

[________________________________]

[________________________________]

4. HEARING OR DECISION ON THE RECORD

Under AS 36.30.610, an untimely appeal must be dismissed. The commissioner may decide an appeal without a hearing if it presents questions of law without genuine issues of fact. A protest-appeal hearing is governed by AS 36.30.615 and AS 36.30.670.

☐ This appeal presents genuine factual issues requiring a hearing: [________________________________].
☐ This appeal may be decided on legal issues without a hearing: [________________________________].

5. CONTINUATION OF STAY

If the appeal is filed before award and award was stayed under AS 36.30.575, AS 36.30.600 automatically continues the stay until the appropriate commissioner makes the written determination specified in AS 36.30.600.

☐ The statutory continuation applies because [________________________________].
☐ Protester separately requests appropriate interim relief because [________________________________].

6. PROTEST REPORT AND COMMENTS

Under AS 36.30.605, the procurement officer generally files the protest report within 10 days after appeal. The protester may file comments within 10 days after receiving the report. Written extensions may be requested and granted under that section.

Comments on protest report:

[________________________________]

[________________________________]

7. RELIEF ON APPEAL

Appellant asks the commissioner to:

1. Reverse or modify the procurement officer's decision;
2. Sustain the protest in whole or in part;
3. Direct an appropriate remedy consistent with AS 36.30.585; and
4. Grant other relief within the commissioner's authority: [________________________________].

Date: [__/__/____]

_________________________________________
Signature

_________________________________________
Printed name and title

PART C — SMALL-PROCUREMENT PROTEST

Before filing, document the required attempt to resolve the dispute informally with the procurement officer.

Informal-resolution request and result:

[________________________________]

[________________________________]

To: [Commissioner of Purchasing Agency or Designee]
Copy to: [Procurement Officer]
Date: [__/__/____]

Re: Small-Procurement Protest, [Solicitation or Award Identification]

This protest contains the information required by AS 36.30.560 and is filed under 2 AAC 12.695.

☐ Solicitation protest filed before quotations or informal proposals are due
☐ Award protest of not more than $50,000 filed within 10 days from the solicitation or award date, whichever is later
☐ Award protest greater than $50,000 filed within 10 days from notice of award

Grounds, documents, and relief requested:

[________________________________]

[________________________________]

Under 2 AAC 12.695(g), the commissioner or designee may use agreed alternative dispute resolution, deny the protest with reasons, sustain it in whole or in part and direct an appropriate remedy, or conduct a hearing consistent with AS 36.30.670(b).

Date: [__/__/____]

_________________________________________
Signature

_________________________________________
Printed name and title

DECISION AND REVIEW CHECKLIST

• AS 36.30.580 generally requires the procurement officer's written protest decision within 15 days after filing. The appropriate commissioner may extend that period up to 30 days for good cause. If no decision is made by the due date, the protester may proceed as though an adverse decision issued.
• A final commissioner decision listed in AS 36.30.685 may be appealed to the superior court under the Alaska Rules of Appellate Procedure. This packet does not state a court deadline; obtain and apply the current rule immediately.
• AS 36.30.690 makes the procurement procedures in AS 36.30.560-.699 and their regulations the exclusive procedure for procurement-related claims within its scope.

☐ Preserved proof of every filing and receipt date
☐ Preserved the solicitation, amendments, proposal, evaluation material available to Protester, notices, protest, exhibits, and decisions
☐ Calendared the 10-day administrative appeal deadline from receipt
☐ Requested and reviewed the protest report
☐ Filed timely comments on the report or obtained a written extension
☐ Consulted Alaska counsel immediately about judicial review after a final commissioner decision

OFFICIAL SOURCES

• AS 36.30.560-.695, official Alaska Legislature print range:
  https://www.akleg.gov/basis/statutes.asp?media=print&secStart=36.30.560&secEnd=36.30.695

• 2 AAC 12.695, official Alaska Legislature administrative-code text:
  https://www.akleg.gov/basis/aac.asp?media=print&secStart=2.12.695&secEnd=2.12.695

This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed and customized by a qualified attorney licensed in Alaska before use. Verified against official Alaska statutory and administrative-code text current on August 9, 2026, with 34th Legislature bill-reference checks completed for the retained core statutes.