00                    HOUSE CS FOR SENATE BILL NO. 152(FIN)                                                                
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).  The contractor shall file a copy of the appeal with the procurement                         
14       officer.                                                                                                          
15    * Sec. 3.  AS 36.30.625 is amended by adding a new subsection to read:                                             
16            (c)  The Department of Transportation and Public Facilities, or a contracting                                
17       agency to whom the responsibility for handling the controversy is delegated by the                                
18       Department of Transportation and Public Facilities under AS 36.30.632, shall handle                               
19       the appeal of a controversy under this section expeditiously.                                                     
20    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22            APPLICABILITY.  (a)  AS 36.30.623 and 36.30.625(c), added by this Act,                                       
23 and AS 36.30.625(a), as amended by this Act, apply to controversies for which a claim is filed                          
24 with an agency under AS 36.30.620 on or after the effective date of this Act.                                           
25       (b)  In this section, "agency" means the Department of Transportation and Public                                  
26 Facilities or a state agency to whom the responsibility for handling the controversy is                                 
27 delegated by the Department of Transportation and Public Facilities under AS 36.30.632.