HCS SB 152(FIN) am H: "An Act relating to the handling of and interest on contract controversies involving the Department of Transportation and Public Facilities or state agencies to whom the Department of Transportation and Public Facilities delegates the responsibility for handling the controversies."
00 HOUSE CS FOR SENATE BILL NO. 152(FIN) am H 01 "An Act relating to the handling of and interest on contract controversies involving the 02 Department of Transportation and Public Facilities or state agencies to whom the 03 Department of Transportation and Public Facilities delegates the responsibility for 04 handling the controversies." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 36.30 is amended by adding a new section to read: 07 Sec. 36.30.623. Interest on certain controversies. The amount ultimately 08 determined to be due under AS 36.30.620 - 36.30.630 and 36.30.670 - 36.30.685 to a 09 department contractor, the department, or a contracting agency to whom the 10 responsibility for handling the controversy is delegated by the department under 11 AS 36.30.632 accrues interest at the rate applicable to judgments under 12 AS 09.30.070(a). Notwithstanding AS 09.30.070(b), the interest accrues from the date 13 that a complete claim is filed that meets the requirements of AS 36.30.620(a) through 14 the date of a decision by the procurement officer under AS 36.30.620, a decision by
01 the commissioner of transportation and public facilities under AS 36.30.680, or a 02 judicial decision under AS 36.30.685, whichever decision is latest. In this section, 03 "department" means the Department of Transportation and Public Facilities. 04 * Sec. 2. AS 36.30.625(a) is amended to read: 05 (a) An appeal from a decision of the procurement officer on a contract 06 controversy may be filed by the contractor with the commissioner of administration [,] 07 or, for a controversy involving a construction contract or procurement for the state 08 equipment fleet, the commissioner of transportation and public facilities. The appeal 09 shall be filed within 14 days after the decision is received by the contractor. An 10 appeal by a contractor of the Department of Transportation and Public Facilities 11 may not raise any new factual issues or theories of recovery that were not 12 presented to and decided by the procurement officer in the decision under 13 AS 36.30.620(b), except that a contractor may increase the contractor's 14 calculation of damages if the increase arises out of the same operative facts on 15 which the original claim was based. The contractor shall file a copy of the appeal 16 with the procurement officer. 17 * Sec. 3. AS 36.30.625 is amended by adding a new subsection to read: 18 (c) The Department of Transportation and Public Facilities, or a contracting 19 agency to whom the responsibility for handling the controversy is delegated by the 20 Department of Transportation and Public Facilities under AS 36.30.632, shall handle 21 the appeal of a controversy under this section expeditiously. 22 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. (a) AS 36.30.623 and 36.30.625(c), added by this Act, 25 and AS 36.30.625(a), as amended by this Act, apply to controversies for which a claim is filed 26 with an agency under AS 36.30.620 on or after the effective date of this Act. 27 (b) In this section, "agency" means the Department of Transportation and Public 28 Facilities or a state agency to whom the responsibility for handling the controversy is 29 delegated by the Department of Transportation and Public Facilities under AS 36.30.632.