SB 182: "An Act relating to protests and remedies under the State Procurement Code; and amending Rule 609, Alaska Rules of Appellate Procedure."
00 SENATE BILL NO. 182 01 "An Act relating to protests and remedies under the State Procurement Code; and 02 amending Rule 609, Alaska Rules of Appellate Procedure." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 36.30.575 is repealed and reenacted to read: 05 Sec. 36.30.575. Stay of award. If a protest is filed, the award may not be made 06 until the protest is completely resolved, including, if applicable, a final decision by the 07 superior court of a judicial appeal under AS 36.30.685 and a decision by the supreme 08 court if the superior court decision is appealed to the supreme court. 09 * Sec. 2. AS 36.30.585(c) is amended to read: 10 (c) If [NOTWITHSTANDING (a) AND (b) OF THIS SECTION, IF] a protest 11 is sustained in whole or part, the protester's damages are not limited to reasonable bid 12 or proposal preparation costs and the protester may be awarded the protester's 13 actual damages based on the legal grounds on which the protest was brought. 14 * Sec. 3. AS 36.30.685 is amended to read:
01 Sec. 36.30.685. Judicial appeal. (a) A final decision of the commissioner of 02 administration or the commissioner of transportation and public facilities under 03 AS 36.30.635(a) [AS 36.30.610, 36.30.635(a)], 36.30.650, or, for a contract claim, 04 AS 36.30.680 [36.30.680] may be appealed to the superior court in accordance with 05 the Alaska Rules of Appellate Procedure. 06 (b) A final decision of the commissioner of administration or the 07 commissioner of transportation and public facilities under AS 36.30.610 or 08 36.30.630(b), or under AS 36.30.680 for a protest filed under AS 36.30.560, 09 [AS 36.30.630(b)] may be appealed to the superior court for a trial de novo. For the 10 purposes of this subsection, 11 (1) a dismissal under AS 36.30.610(a) is a final decision; and 12 (2) a decision under AS 36.30.610(b) is a final decision. 13 * Sec. 4. AS 36.30.600 is repealed. 14 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 INDIRECT COURT RULE AMENDMENT. AS 36.30.685(b), as amended by sec. 3 17 of this Act, has the effect of amending Rule 609, Alaska Rules of Appellate Procedure, by 18 allowing an appeal of a final decision under AS 36.30.610 or 36.30.680 for a protest filed 19 under AS 36.30.560 to proceed as a trial de novo. For the purposes of this section, 20 (1) a dismissal under AS 36.30.610(a) is a final decision; and 21 (2) a decision under AS 36.30.610(b) is a final decision. 22 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. This Act applies to a procurement under AS 36.30 for which the 25 procuring agency solicits bids or proposals on or after the effective date of this Act. In this 26 section, "agency" and "procurement" have the meanings given in AS 36.30.990. 27 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 CONDITIONAL EFFECT. AS 36.30.685(b), as amended by sec. 3 of this Act, takes 30 effect only if sec. 5 of this Act receives the two-thirds majority vote of each house required by 31 art. IV, sec. 15, Constitution of the State of Alaska.