Government Contract Bid Protest - Alaska

GOVERNMENT CONTRACT BID PROTEST — ALASKA

To: [PROCUREMENT OFFICER, CONTRACTING AGENCY]

From: [PROTESTER NAME, ADDRESS, AND TELEPHONE]

Date: [__/__/____]

Re: Protest of [SOLICITATION OR CONTRACT NUMBER] — [SOLICITATION TITLE]

Before filing

Select the applicable route and deliver this signed protest to its proper recipient before the deadline. For an ordinary procurement under AS 36.30.560, file with the contracting agency's procurement officer. A small procurement under AS 36.30.320 uses the separate 2 AAC 12.695 route: first attempt informal resolution with the procurement officer; then file the protest with the purchasing agency commissioner or designee and a copy with the procurement officer. A cancellation of an invitation to bid or request for proposals uses 2 AAC 12.615(b). Confirm that the procurement is subject to these provisions and use the solicitation's stated submission method.

Deadline calculation: Notice or solicitation issued [__/__/____]; bids/proposals due [__/__/____]; applicable filing deadline [__/__/____]; filing method and address [________________________________]. If ordinary-protest timeliness is disputed, state specific good cause for late consideration under AS 36.30.565(b) in Section III.

I. Protester and procurement

Protester: [LEGAL NAME]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Authorized representative and title: [________________________________]

Contracting/purchasing agency: [________________________________]

Procurement officer: [________________________________]

Solicitation or contract number: [________________________________]

Goods, services, professional services, or construction sought: [________________________________]

Protester's participation or intended participation, and interest affected by this action: [________________________________]

Proposed awardee, if known: [________________________________]

II. Action protested

I protest the following action by [AGENCY]: [IDENTIFY SOLICITATION TERM, PROPOSED AWARD, AWARD, OR CANCELLATION]. The action occurred or was announced on [__/__/____]. I received or learned of the relevant notice on [__/__/____] by [METHOD].

The procurement record or solicitation provisions at issue are: [IDENTIFY SECTION, NOTICE, EVALUATION ITEM, AND EXHIBIT].

III. Timeliness and filing route

The selected route above applies because [EXPLAIN PROCUREMENT TYPE AND TRIGGER]. This protest is filed on [__/__/____], before the applicable deadline of [__/__/____]. The supporting notice, solicitation, or cancellation notice is Exhibit [____].

☐ If this is an ordinary protest filed after the AS 36.30.565(a) deadline, I request discretionary consideration for good cause under AS 36.30.565(b): [STATE SPECIFIC FACTS AND ATTACH SUPPORT].

☐ If this is a small-procurement protest, I attempted informal resolution with the procurement officer on [__/__/____] by [METHOD]. The result was [________________________________]. I am filing with the commissioner or designee and copying the procurement officer.

IV. Facts and grounds

State each ground separately. Identify the exact solicitation provision, statute, or regulation relied on, the conduct challenged, and the effect on the protester. Attach the relevant documents, as required by AS 36.30.560(4).

Ground 1 — [DESCRIPTION]

1. The relevant requirement is [CITATION OR SOLICITATION SECTION AND ITS TEXT].
2. The agency did or failed to do: [SPECIFIC FACTS, DATES, AND PEOPLE].
3. The resulting procurement error is: [EXPLAIN THE LINK BETWEEN THE REQUIREMENT AND FACTS].
4. Its effect on the protester or competition is: [SPECIFIC EFFECT].
5. Supporting documents: Exhibits [____].

Ground 2 — [DESCRIPTION, IF APPLICABLE]

1. The relevant requirement is [CITATION OR SOLICITATION SECTION AND ITS TEXT].
2. The agency did or failed to do: [SPECIFIC FACTS, DATES, AND PEOPLE].
3. The resulting procurement error is: [EXPLAIN THE LINK BETWEEN THE REQUIREMENT AND FACTS].
4. Its effect on the protester or competition is: [SPECIFIC EFFECT].
5. Supporting documents: Exhibits [____].

Additional grounds or attached statement: [________________________________]

V. Relief requested

Under AS 36.30.585(a)–(b), if an ordinary protest is sustained, the procurement officer implements an appropriate remedy after considering the statutory circumstances. For a small procurement, 2 AAC 12.695(g) directs the commissioner or designee's response. I request the following remedy to the extent appropriate to the proved defect:

☐ Correct the solicitation and allow a fair response period.

☐ Set aside the challenged award or proposed award and conduct a lawful evaluation.

☐ Cancel and re-solicit if the defect cannot be corrected in the current procurement.

☐ Award reasonable bid or proposal preparation costs, if legally available and supported by records, under AS 36.30.585(c). Estimated amount and records: [________________________________].

☐ Other specific relief: [________________________________].

Why this remedy fits the stage of procurement and the effect on other interested parties: [________________________________]

VI. Request concerning award, if applicable

☐ I request a written determination under AS 36.30.575 that the award be stayed while this ordinary protest is resolved. The reasonable probability that the protest will be sustained is shown by [SPECIFIC GROUNDS AND EXHIBITS]. A stay is not contrary to the State's best interests because [SPECIFIC FACTS]. I understand that filing alone does not stay award.

Known award or performance status: [________________________________]

VII. Exhibits

I certify that I am authorized to submit this protest for the protester and that its factual statements are accurate to the best of my knowledge after reasonable review.

Signature: [________________________________]

Printed name and title: [________________________________]

Date: [__/__/____]

Filing and copy record

Filed with: [NAME, OFFICE, ADDRESS OR ELECTRONIC ROUTE]

Date and time filed: [________________________________]

Receipt or confirmation number: [________________________________]

Copy sent to procurement officer for small procurement: [DATE, METHOD, CONFIRMATION]

After filing

For an ordinary protest, AS 36.30.580(a) calls for a written procurement-officer decision within 15 days after filing; subsection (b) permits an extension of up to 30 days for good cause, and subsection (c) permits the protester to proceed as though denied if no decision issues by its due date. A protester may appeal that decision to the commissioner designated by AS 36.30.590(a) within 10 days after receiving it, with a copy to the procurement officer; the appeal must include the information required by AS 36.30.560, the decision, and the claimed factual or legal errors. Construction, lease-of-space, and state equipment fleet procurements go to the commissioner of transportation and public facilities; other covered procurements go to the commissioner of administration. A prior award stay continues during a timely pre-award appeal only under the conditions in AS 36.30.600. A final commissioner decision under AS 36.30.610 or .680 may be appealed to superior court under AS 36.30.685(a) and the Alaska Rules of Appellate Procedure. Determine the applicable court rule and filing deadline from the actual final decision.

Official sources

• Alaska State Procurement Code, AS 36.30.560–.615
• Alaska State Procurement Code, AS 36.30.590–.615
• Alaska State Procurement Code, AS 36.30.685
• Alaska Administrative Code, 2 AAC 12.615 and .695