Unless otherwise authorized under this chapter or other provision of law, all municipal contracts for supplies, services and construction shall be awarded by competitive sealed bidding. Purchases anticipated to be repetitive and likely to accumulate to more than the competitive solicitation threshold within the calendar year are subject to formal competitive solicitation. If purchases unexpectedly accumulate to a cost greater than the competitive solicitation threshold, such purchases shall be considered compliant to the threshold and the purchasing officer may conduct a competitive solicitation if practicable for remaining purchases.
The competitive solicitation threshold is established for all purchases of $50,000.00 or more.
(AO No. 79-203, 1-1-1980; AO No. 2025-37, § 10, 5-16-2025)
A. 
Invitations to bid (ITBs). The purchasing officer shall initiate competitive sealed bidding by issuing an invitation for bids. The invitation for bids shall state, or incorporate by reference, all specifications and contractual terms and conditions applicable to the procurement.
B. 
Public notice. Public notice of the invitation for bids shall be published at least 14 days before the last day on which bids will be accepted. Such notice shall also be posted at the municipality's purchasing office. The contents of the notice shall be sufficient to inform interested readers of the general nature of the supplies, services or construction being procured and the procedure for submitting a bid. The purchasing officer shall mail or otherwise deliver notices to a sufficient number of prospective bidders from a current bidders' list maintained by the purchasing office to afford equitable opportunity for competition. The failure of any person to receive notice under this subsection shall not affect the validity of any award or contract.
C. 
Pre-bid conferences; addenda. The purchasing officer may provide for a pre-bid conference to be held at least seven days before the last day for submitting bids. At the pre-bid conference or at other times deemed appropriate by the purchasing officer, the terms of an invitation for bids may be modified or interpreted only by written addenda issued by the purchasing officer. Addenda to bids shall be sent to each recipient of the original bid documents. Only a bid acknowledging receipt of all addenda may be considered responsive, unless the addendum, in the opinion of the purchasing officer, would have no material effect on the terms of the bid. If an addendum is issued less than five working days before the last day on which bids are to be accepted, the time for accepting bids shall be extended to at least five working days after the date on which the addendum was sent.
D. 
Proper and timely submission of bids required; electronic submission. The purchasing officer shall require bids to be submitted by electronic submission or by means of sealed envelopes. For any single invitation to bid, the purchasing officer may accept bids only by electronic submission, only by means of sealed envelopes, or by either method. If the purchasing officer accepts bids by means of sealed envelopes, bids shall be designated as such and shall be submitted in the manner required and no later than the time specified in the invitation for bids. Bids not properly submitted either to the electronic bidding system or, in the case of sealed envelopes, at the place specified in the invitation for bids, and within the time specified in the invitation for bids shall not be opened or considered.
E. 
Bid opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. Any bidder may review bids immediately after opening and prior to tabulation or summary. The purchasing officer shall tabulate the amount of each bid and shall record such other information as may be necessary or desirable for evaluation together with the name of each bidder. The tabulation shall be open to public inspection, and a copy of the tabulation shall be furnished to each bidder.
F. 
Bids must conform to ITB. Bids shall be accepted unconditionally without alteration or correction. For purposes of determining the low bidder and the responsiveness of bids, no criteria except those set forth in the invitation for bids, including all specifications and addenda, may be used. The purchasing officer may use their discretion to interpret the intent of a bidder's response.
G. 
Small businesses. To the extent possible, the purchasing officer shall take appropriate steps to emphasize opportunities for small businesses in the solicitation process.
(AO No. 79-203, 1-1-1980; AO No. 88-163; AO No. 2009-134, § 1, 1-12-2010; AO No. 2024-36(S), § 3, 4-23-2024; AO No. 2025-37, § 11, 5-16-2025)
A. 
A contract award under this chapter shall be made only to a responsible bidder or proposer. The purchasing officer shall determine whether a bidder or proposer is responsible on the basis of the following criteria:
1. 
The skill and experience demonstrated by the bidder or proposer in performing contracts of a similar nature.
2. 
The bidder or proposer's record of honesty and integrity.
3. 
The bidder or proposer's capacity to perform in terms of facilities, equipment, personnel and financing.
4. 
The bidder or proposer's past performance under municipal, state, or federal contracts. If the bidder or proposer has failed in any material way to perform its obligations under any contract with a government entity, the bidder or proposer may be deemed a nonresponsible bidder or proposer.
5. 
The bidder or proposer's record of violations regarding unfair wage practices or unsafe working conditions, pursuant to subsection B below.
6. 
Any determination of nonresponsibility based on violations under subsection B may be referred to the Bidding Review Board pursuant to section 7.20.130 at the request of an adversely affected person for confirmation of the determination. The decision of the Bidding Review Board shall take into account the number of violations in relation to the size of the contractor, the seriousness of the violations, and the success of actions taken by the contractor to prevent future violations.
B. 
For construction and service contracts where the amount is more than $100,000.00 awarded through competitive or sole source selection, the purchasing officer shall determine whether the information provided by the contractor demonstrates a practice of unfair wage practices or unsafe workplace conditions, subject to review as set forth in section 7.20.130.
1. 
Disclosures. Within five days of request from purchasing, the apparent low bidder or successful proposer ("prospective contractor") must provide the following certifications or disclosures which will be considered in the purchasing officer's determination of responsibility. Failure to provide the following shall result in rejection of the bid or proposal.
a. 
Prospective contractors and any subcontractors must:
i. 
Provide proof that workers compensation and unemployment insurance is maintained on behalf of their employees or certify that the employees qualify for an exemption under state law; and
ii. 
Certify that any independent contractor they hire to work on the project will meet the definition of independent contractor as defined in AS 23.30.230.
b. 
Prospective contractors and any subcontractors must either:
i. 
Certify that there has been no determination of violation in the past three years of federal or state occupational safety and health standards, wage and hour laws, unemployment insurance requirements, workers' compensation coverage requirements, certificates of fitness, contractor registration, or other laws or regulations administered by the Alaska Department of Labor and Workforce Development, including any citations, orders, or recommendations issued to or against the prospective contractor or subcontractor or any companies in which they held majority ownership or control in the past three years; or
ii. 
Disclose any such determination of violation, identifying the claim by claimant, date, and status/outcome.
c. 
The prospective contractor shall be responsible for forwarding the certifications and disclosures for both itself and any subcontractors identified in the submitted bid or proposal to the purchasing officer.
2. 
Debarment. Prospective contractors that are debarred at the state or federal level and prospective contractors that use subcontractors who are debarred at the state or federal level, or who share majority ownership or control with any such contractors or subcontractors, shall be deemed nonresponsible and their bids or proposals shall be rejected.
3. 
Willful violation.
a. 
Any prospective contractor that has in the last three years committed a willful violation of state or federal occupational safety and health law, as defined by the United States Department of Labor or Alaska Department of Labor and Workforce Development, or who has committed a willful wage and hour violation, as defined by the United States Department of Labor or Alaska Department of Labor and Workforce Development, shall be deemed nonresponsible and its bids or proposals shall be rejected.
b. 
Any prospective contractor that hires a subcontractor that has committed a willful violation of state or federal occupational safety and health law or wage and hour law in the past three years shall be deemed nonresponsible and its bids or proposals shall be rejected.
4. 
Public access to certifications. The determination of responsibility and any certifications and disclosures provided above will be made publicly available on the purchasing website at least 48 hours prior to award in order to allow adversely affected individuals to file an appeal of any determination under AMC Section 7.20.130. If a contractor or subcontractor is deemed nonresponsible, the purchasing officer or his or her designee shall provide a written determination of nonresponsibility, explaining the reasons for such determination.
5. 
False certifications. Knowingly false certifications provided by a contractor or subcontractor under this section may constitute grounds for termination for cause under the contract, and the contractor or subcontractor shall be prohibited from bidding or working on any municipal contracts for a period of three years.
C. 
Post award.
1. 
Following award of a contract, contractors must provide to the department contract administrator updated certifications, disclosures, or changes in the items described in section 7.20.030B.1 above and new subcontractor certifications within 30 days of occurrence. The certifications for a subcontractor not identified in the submitted bid or proposal shall be provided prior to the new subcontractor commencing work. Failure to provide the updated certifications, disclosures, or changes within 30 days of occurrence and prior to a new subcontractor commencing work may constitute grounds for termination for cause under the contract and may constitute grounds for a prohibition from bidding on any municipal contracts for a period of three years.
2. 
If during the term of a contract:
a. 
A contractor or one of its subcontractors is debarred at the state or federal level, it may constitute grounds for termination for cause under the contract. In the case of debarment of a subcontractor, the contractor can avoid termination of its contract with the municipality by immediately terminating its contract with the subcontractor;
b. 
A contractor or one of its subcontractors commits a willful violation of state or federal occupational safety and health law or commits a willful wage and hour violation, it may constitute grounds for termination for cause under the contract. In the case of a willful violation of a subcontractor, the contractor can avoid termination of its contract with the municipality by immediately terminating its contract with the subcontractor.
D. 
Adversely affected. For purposes of section 7.20.130, any individual with information about a prospective contractor's prior violation of this section or determination of violation in the past five years of federal or state occupational safety and health standards, wage and hour laws, unemployment insurance requirements, workers' compensation coverage requirements, certificates of fitness, contractor registration, or other laws or regulations administered by the Alaska Department of Labor and Workforce Development, may be considered adversely affected.
(AO No. 79-203, 1-1-1980; AO No. 2019-130(S), § 1, 12-3-2019; AO No. 2025-37, § 12, 5-16-2025)
A. 
Contracts issued pursuant to ITB. Contracts shall be awarded by written notice issued by the purchasing officer to the lowest responsive and responsible bidder. However, preference may be given to local bidders using the sliding scale in subsection A.1 of this section when funds are available and such preference is not prohibited by the funding source.
1. 
Sliding scale.
a. 
A five percent preference in bid price not to exceed $5,000.00 on purchases not exceeding $166,667.00;
b. 
A three percent preference in bid price not to exceed $10,000.00 on purchases exceeding $166,667.00 but not exceeding $500,000.00; and
c. 
A two percent preference in bid price not to exceed $20,000.00 on purchases exceeding $500,000.00.
2. 
Local bidder preference, as provided by this section, shall be specified in the invitation to bid documents.
3. 
If the mayor or the mayor's designee, or assembly determines that it is in the best interest of the municipality to do so, the municipality may reject all bids.
B. 
Local bidder. For purposes of this chapter, the term "local bidder" is defined as a person or entity who:
1. 
Holds a current state business license;
2. 
Holds a valid municipal contractor's or business license, if applicable;
3. 
Submits a bid for goods, services, or construction under the name as appears on the person's current state and, if applicable, municipal business license; and
4. 
Has maintained a place of business within the municipality staffed by the bidder or an employee of the bidder for a period of six months immediately preceding the date of the bid.
C. 
Rejecting all bids. At the discretion of the purchasing officer, all bids may be rejected.
D. 
Form of contract awarded. The contract awarded shall be the contract published in the invitation for bids, including all specifications and contractual terms applicable to the procurement.
E. 
Bids in excess of certified funds. If the lowest responsive and responsible bid exceeds the amount of funds certified by the chief fiscal officer to be available for the procurement, and if sufficient additional funds are not made available, the scope of the procurement may be reduced to bring its estimated cost within the amount of available funds. The purchasing officer shall issue a new invitation for bids for the reduced procurement, or, upon a finding that the efficient operation of the municipal government requires that the contract be awarded without delay, the purchasing officer may negotiate with the lowest responsive and responsible bidder or up to the three lowest bidders, and may award or recommend to the assembly for award, the reduced contract to the best negotiated proposal.
(AO No. 79-203, 1-1-1980; AO No. 88-163; AO No. 95-147, § 1, 8-27-1995; AO No. 2025-37, § 13, 5-16-2025)
The assembly, or mayor or the mayor's designee for bids of $500,000.00 or less, shall have the authority to waive irregularities on any and all bids, except that timeliness and manual or electronic signature requirements shall not be waived.
(AO No. 79-203, 1-1-1980; AO No. 93-217, 2-26-1994; AO No. 2001-122(S-1), § 4, 7-24-2001; AO No. 2025-37, § 14, 5-16-2025)
A. 
Competitive sealed proposals. If the purchasing officer determines that use of competitive sealed bidding is either not practicable or not advantageous, the municipality may procure supplies, professional services, general services or construction by competitive sealed proposals under this section.
B. 
Requests for proposals (RFPs). The purchasing officer shall solicit competitive sealed proposals by issuing a request for proposals. The request for proposals shall state, or incorporate by reference, all specifications and contractual terms and conditions to which a proposal must respond, the factors to be considered in evaluating proposals, the relative importance of those factors, and the manner and time limits for submitting proposals. Public notice of a request for proposals shall be given in accordance with section 7.20.020B. One or more pre-proposal conferences may be held in accordance with section 7.20.020C. A request for proposals may be modified or interpreted only in the manner provided in section 7.20.020C.
C. 
Proposal submission. The purchasing officer shall require proposals to be submitted electronically or by means of sealed envelopes. If the purchasing officer accepts proposals by means of sealed envelopes, they shall be designated as such and shall be submitted in the manner required and no later than the time specified in the request for proposals. Proposals submitted by sealed envelope that are not submitted in the manner required or within the time specified in the request for proposals shall not be opened or considered. Proposals submitted electronically shall be submitted as specified and no later than the time specified in the request for proposals. Proposals submitted electronically that are not received by the means and time specified in the request for proposals shall not be opened or considered.
D. 
Opening proposals; pre-award confidentiality. Proposals shall be opened so as to avoid disclosing their contents to competing proposers during the evaluation, discussion, and negotiation process. Notwithstanding chapter 3.90, the names of the responding firms, contents of the proposals, tabulations and evaluations thereof shall be open to public inspection only after assembly approval of a contract award, except that the names of responding firms may be reported to the assembly. However, the purchasing officer shall issue a notice of intent to award to all responding proposers at least seven days prior to assembly approval. Upon request by a competing proposer, the recommended awardee's proposal shall be opened for review. The review by a competing proposer is to assure reasonable access and opportunity to request a debriefing from the purchasing officer prior to assembly action on the proposed award. If an award does not require assembly approval, public inspection shall be allowed for a period of seven days after the purchasing officer has issued a notice of intent to award, after which, if there are no pending reviews or actions from any competing proposer, award may be made.
E. 
Negotiations with short-listed proposers. In the manner provided in the request for proposals, the purchasing officer may enter into discussions with those responsible proposers whose proposals are determined by the purchasing officer to be most reasonably responsive to the request for proposals (short-listed firms). The purchasing officer may issue an interim notice to the remaining firms that a qualified list has been established for discussion purposes. No disclosure of the short-listed firms, contents of proposals, tabulations or evaluations thereof shall be made in accordance subsection D above. Discussions shall be used to clarify and ensure full understanding of the requirements of the request for proposals. The purchasing officer may permit those short-listed firms to revise their proposals after submission and prior to award to obtain best and final offers. Proposers deemed eligible for discussions shall be treated equally regarding any opportunity to discuss and revise proposals. However, if during the discussions it is evident that the proposals, as submitted, will exceed the available funding, and/or other changes in the terms, conditions, or requirements are needed to clarify or fulfill the requirements of the municipality, the purchasing officer shall issue a written modification to those short-listed firms with an established date and time for the firms to respond. The failure of a short-listed firm to respond or to notify the purchasing officer of a needed time extension may be just cause to remove the proposer from further consideration. In conducting discussions or requesting revisions, neither the purchasing officer nor any other municipal officer or employee shall disclose any information derived from other competing proposals.
F. 
Award after negotiation. If fair and reasonable compensation, contract requirements and contract documents can be agreed upon with the most qualified proposer (or, in the case where an award is to be made to more than one proposer, to the most qualified proposers), the contract shall be awarded to the most qualified proposer (or proposers).
G. 
Failure to come to terms. If fair and reasonable compensation, contract requirements and contract documents cannot be agreed upon with the most qualified proposer, the purchasing officer shall advise the proposer of the termination of negotiations. If the proposals were submitted by one or more other proposers determined to be qualified, negotiations may be conducted with such other proposers in the order of their respective rankings. The contract may be awarded to the proposer then determined to be most advantageous to the municipality.
H. 
Written notice of award. Awards shall be made by written notice to the proposer whose final proposal is determined to be most advantageous to the municipality. No criteria other than those set forth in the request for proposals may be used in proposal evaluation. If the mayor determines that it is in the best interest of the municipality to do so, the municipality may reject all proposals.
I. 
Consideration of costs. When the service is routine and repetitious, costs of the anticipated service shall be considered during evaluation of proposals. This subsection shall not apply to a qualifications-based selection process.
1. 
When the source selection is for architectural and/or engineering services, (herein A/E services) a qualifications-based selection process shall be used. Price will not be a factor in the selection of the architect or engineer during the evaluation process.
2. 
Notwithstanding subsection I.1 of this section, the purchasing officer may include price as an added factor in selecting architectural and engineering services when, in the judgment of the purchasing officer, the services required are repetitious in nature, and the scope, nature, and amount of services required are thoroughly defined by measurable and objective standards to reasonably enable proposers to compete with a clear understanding and interpretation of the services required.
a. 
In order to include price as a factor in selection of architectural and engineering services, a majority of the persons involved by the purchasing officer in evaluating the proposals must be registered in the state to perform architectural or engineering services.
3. 
Subsections I.1 and I.2 of this section do not apply to a design/build contract.
4. 
Except as otherwise required by state law in particular situations, this section shall apply to all procurements of architectural and engineering services by the municipality.
(AO No. 79-203, 1-1-1980; AO No. 88-163; AO No. 92-82(S), 1-1-1993; AO No. 92-87(S); AO No. 94-174, § 1, 10-25-1964; AO No. 2001-122(S-1), § 5, 7-24-2001; AO No. 2007-22, § 2, 2-27-2007; AO No. 2023-56(S), § 1, 5-9-2023; AO No. 2024-36(S), § 4, 4-23-2024; AO No. 2025-37, § 15, 5-16-2025)
A. 
Simplified procedures for procurements below the competitive solicitation threshold. The purchasing officer may procure all supplies, services, professional services and construction having an estimated value less than the competitive solicitation threshold on the open market without formal advertising or other formal bid procedures.
B. 
Three bids or quotations. Whenever practicable, and except as permitted in by section 7.20.080, at least three written informal bids or quotations shall be solicited for any procurement under this section. The solicitation may be either oral or written, and shall be in a form reasonably calculated to yield the lowest responsive bid by a responsible bidder.
C. 
Award to lowest bidder. Awards, where practicable, shall be made to the lowest responsive and responsible bidder. The purchasing officer shall keep a record of all open market bids received and awards made thereon. Local bidders preference shall be applied in accordance with section 7.20.040.
D. 
Additional requirements. Contracts awarded under this section are not subject to the provisions of section 7.20.030B.
E. 
Fragmentation prohibited. Purchasing requirements may not be artificially divided, fragmented, or structured so as to constitute a purchase under this section. Contracts and/or change orders for supplies, materials, equipment or services that would customarily be acquired under a single contract shall not be divided for the primary purpose of avoiding or circumventing the bidding requirements of this chapter.
(AO No. 79-203, 1-1-1980; AO No. 2001-122(S-1), § 6, 7-24-2001; AO No. 2019-130(S), § 2, 12-3-2019; AO No. 2025-37, § 16, 5-16-2025)
A. 
The purchasing officer may contract, without the use of the competitive source selection procedures of this chapter, for the following supplies, services, professional services or construction:
1. 
Intergovernmental, utility, and post-secondary educational agreements. For contracts, including reimbursable agreements, with Federal or State units of government, any post secondary educational institutions, or utility provider where the municipality has a financial responsibility or beneficial interest in entering into an agreement.
2. 
Cooperative purchases; piggybacking. For contracts issued pursuant to any Federal, State, or local government contract where the municipality is an authorized user, or where the resulting contractor agrees to extend the same terms, conditions, and pricing to the municipality as those awarded under the original contract. Such agreements shall be limited to those contracts where the award is issued pursuant to a formally advertised solicitation.
3. 
Small purchases. For contracts where the amount is less than $10,000.00 for supplies, services, or professional services, and $25,000.00 for construction services, and the price is fair and reasonable.
4. 
Purchases recommended by contractor. For contracts pursuant to a formal recommendation by a municipal contractor specifically tasked with researching and/or reviewing the marketplace for qualified products or services. The municipal contractor must have been hired specifically for this purpose and must have been selected in accordance with the competitive procedures of section 7.20.020 (Bids) or section 7.20.060 (Proposals).
5. 
Sole source. For contracts where the purchasing officer determines in writing that the municipality's requirements reasonably limit the source for the supplies, services, professional service or construction to one person, and for contracts for the legislative branch where the municipal clerk, after consultation with the purchasing officer, has determined in writing that the legislative branch's requirements reasonably limit the source for the supplies, services, professional service or construction to one person.
6. 
Single source. For contracts where a department has standardized equipment or software and, in the opinion of the purchasing officer (or, in the case of legislative branch contracts, the municipal clerk) it is economically advantageous to limit the source, so as to maintain the standardization or use of existing software. Single-sourced contracts related to software may be for licenses or maintenance (including updates, functional patches, or security patches) of proprietary software where such license or maintenance can only be provided by the original software vendor or developer.
7. 
Avoidance of delay caused by unforeseen conditions. Contracts for supplies, materials, equipment or services with an estimated cost of less than $500,000.00 when the purchasing officer determines in writing that there are unforeseen conditions and the time required for competitive bidding will produce delays in an ongoing project, the costs of which will outweigh any potential advantage that might be produced by competitive bidding.
8. 
Assembly aides; policy assistants. For contracts where the amount is less than $50,000.00 where the purchasing officer or an assembly member determines in writing that the services of a contractor are needed to provide services of a confidential, or otherwise sensitive, nature.
B. 
All contract awards under this section, or any amendments thereto, shall be subject to the applicable approval requirements of sections 7.15.040 and 7.15.080 prior to execution.
C. 
No contractor may provide supplies, services, professional services, or construction provided to the municipality before the applicable requirements of this section are first satisfied.
(AO No. 79-203, 1-1-1980; AO No. 2001-122(S-1), § 7, 7-24-2001; AO No. 2025-37, § 17, 5-16-2025)
A. 
The municipality may award a contract for supplies, services, professional services or construction without competition, formal advertising or other formal procedure if:
1. 
The mayor determines in writing that an emergency threatening the public health, safety or welfare requires that the contract be awarded without delay; or
2. 
The mayor waives, in writing, the formal procedures of this title when time is of the essence and there is not sufficient time to bring the request to a regular meeting of the assembly, and the best interests of the municipality will be served by such action; or
3. 
The assembly authorizes by resolution the temporary suspension of procurement rules in order to expend federal or state funds expeditiously in accordance with the funding intent and the assembly make a finding that formal procurement is reasonably likely to frustrate or delay the intent; or
4. 
The assembly authorizes by resolution the temporary suspension of procurement rules in order to expend federal or state funds prior to expiration of spending authority for said funds and the assembly makes a finding that formal procurement is reasonably unlikely to be completed in time to fully utilize the funds.
B. 
Except as required by subsection C, contracts awarded under this section shall be reported in writing to the assembly as soon as practicable, and also by attachment of the written notice to an information memorandum submitted for inclusion as an agenda item no later than the second regular meeting following award of the contract. The report shall include justification for the contract including under which subsection justification is claimed, stating with particularity the facts and circumstances relied upon for the justification, all costs of the contract, and identification of the persons or entity awarded the contract.
C. 
Waivers granted under subsections A.1 and A.2 shall be reported in writing to the assembly within 24 hours of issuance including all the information that is required in subsection B. The assembly may revoke a waiver by resolution.
1. 
The term of any contract awarded pursuant to waiver under subsection A.1 may not exceed 21 days without assembly approval by resolution.
2. 
Waivers under subsection A.2 shall be reported prior to the execution of any contract under the waiver, and execution of such a contract may not occur until 48 hours after notice of the waiver is provided.
D. 
In this section, "shall be reported to the assembly in writing" means by electronic transmission to each member of the assembly at the e-mail address assigned to the member by the municipality.
(AO No. 79-203, 1-1-1980; AO No. 2021-33(S), § 1, 5-12-2021; AO No. 2023-23(S), § 3, 3-21-2023; AO No. 2023-93, § 1, 10-24-2023; AO No. 2023-126, § 1, 12-5-2023)
A. 
Procurements of legal services; assembly reporting. The purchasing officer may contract, without the use of competitive source selection procedures for legal services including retaining counsel, hiring of litigation or pre-litigation experts and consultants, and hiring court reporters and other necessary services related to legal process. All contract awards under this section, or any amendments thereto, may be procured by direct negotiation with an attorney or law firm qualified to undertake the type of legal assistance required, and shall be subject to the applicable approval requirements of sections 7.15.040 and 7.15.080 prior to execution, except that if the municipal attorney determines that public disclosure of information about the contract would reveal attorney-client information and adversely affect the municipality's legal interests, that information may be withheld from the public report and the assembly may request it in an executive session.
B. 
Municipal-attorney approval. Except for procurement of legal services by the assembly as provided by section 4.06 of the Charter and subsection C of this section, no negotiations or contracts for the services of legal counsel may be pursued or awarded without the prior approval in writing of the municipal attorney. All bills or invoices for payment for legal services obtained pursuant to this section shall be reviewed and approved by the municipal attorney prior to payment. All funds budgeted, obligated or expended by any municipal department, agency or utility for contract legal services must be charged to a separate legal services budget account within that department, agency or utility.
C. 
Assembly legal procurements. Legal services for the assembly shall be procured in accordance with this subsection. The assembly chair shall, subject to protections of competitive bidding in article 2, section 11, of the Charter and this title, authorize and determine the method of procurement to be used for retention of legal counsel for the assembly, municipal clerk, assembly counsel, ombudsman or assembly budget analyst. However, in the event of a conflict between the method prescribed for procurement of professional services and this section, this subsection shall prevail. It is an exception to competitive bidding, in accordance with Charter section 2(11), section 4.06, and section 13.09, if the assembly chair determines a non-competitive procurement method is appropriate after consultation with assembly counsel, and justification is stated in an assembly memorandum. Following assembly approval of a memorandum setting forth essential terms for a contract procured by non-competitive methods, no subsequent review or approval is necessary. For competitive bidding procurements, the assembly chair may review the responses received by the Purchasing Department and shall be assisted in the selection process; however, if the open market procedure is used pursuant to section 7.20.070, the solicitation of informal bids or quotations may be procured by the assembly chair or designee, and awarded by the assembly chair. Any selection must be approved by the assembly prior to commencement of work. The purchasing officer shall provide reasonably responsive assistance appropriate to the method of procurement determined by the assembly chair. The municipal attorney shall provide reasonable assistance for procurements under this subsection when requested by the chair of the assembly. Notwithstanding any other provision, when the assembly or a legislative branch office is named as a party in litigation adverse to the mayor or administration, the procurement and selection of legal services shall be determined and conducted solely by the assembly chair or designee, and shall not require engagement of the purchasing department or municipal attorney.
(AO No. 79-203, 1-1-1980; AO No. 88-163; AO No. 2025-37, § 18, 5-16-2025)
[1]
Editor's note — The provisions of former § 7.20.100, Professional Services, are now included in § 7.20.060.
A. 
Procurements by clerk. Consistent with Anchorage Municipal Code 28.10.020, the municipal clerk may perform the functions of the purchasing officer under this Code to the extent necessary to effectuate a procurement of supplies, services, or professional services where the clerk concludes, after consultation with the purchasing officer, but in the sole discretion of the clerk, both:
1. 
That the supplies, services or professional services are needed for the safe, accessible, orderly, efficient, lawful or successful conduct of a municipal election, and
2. 
Procurement of the supplies, services, or professional services cannot or will not be timely authorized or effectuated by the purchasing officer.
B. 
Reporting. All procurements made pursuant to this section shall be reported to the assembly by informational memorandum made available to the public as soon as practicable.
(AO No. 2025-37, § 19, 5-16-2025)
A. 
Bid bonds. The purchasing officer may require that persons submitting bids pursuant to this chapter accompany their bids with a bid bond in an amount and in a form acceptable to the purchasing officer. The bond shall be issued by a company qualified by law to do business as a surety in the state, or shall be in the form of a money order or certified, commercial, or cashier's check. A condition of the bond shall be that, if the bidder receives the award, he shall enter into a contract therefor with the municipality.
B. 
Performance and payment bonds. If a requirement for a performance and payment bond is included in the terms of the invitation to bid, the purchasing officer may require that any person awarded a municipal contract furnish such bond, issued by a company qualified by law to do business as a surety in the state. The bond shall be in an amount determined by the purchasing officer and in a form approved by the municipal attorney. Such bonds shall, at a minimum, guarantee the full and faithful performance of all contract obligations and payment for all labor and materials to be used under the contract.
C. 
Exceptions. The purchasing officer, with agency head concurrence, may grant exceptions from bonds pursuant to AS 36.25.025.
(AO No. 79-203, 1-1-1980; AO No. 2025-37, § 20, 5-16-2025)
A. 
Any person adversely affected by the provisions of chapters 7.10, 7.15 or 7.20, or regulations promulgated thereunder, or by any acts of the municipality in connection with the award of a municipal contract, may request that the mayor or assembly refer the matter to the bidding review board.
B. 
As the Mayor or Assembly may request under A. above, the Bidding Review Board shall review the contents of competitive proposals, tabulations, and other pertinent documentation maintained in competitive source selection undertaken under AMC Section 7.20.060. The Board's review shall be limited to the question of whether the request for proposals, the evaluation of proposals received, and recommended award were made in accordance with this Title and other relevant requirements. The Board's review shall preserve the confidentiality of competitive proposals, tabulations, and evaluations as required by AMC Section 7.20.060E.
(AO No. 79-203; AO No. 80-69; AO No. 99-103, § 1, 9-14-1999)