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HomeMy WebLinkAboutRes 2009-04 Amend Regs 3AAC108.920-DisputeDelegation-Nov2009***~IDE~ ...,)....,.. ~ Alaska Industrial Development W W and Export Authority TO: FROM: DATE: SUBJECT: Board of Directors Alaska Energy Authority MEMORANDUM Steve Haagenson f# Executive Director November 9, 2009 AEA Resolution 2009-04 Authorization to Executive Director regarding final decisions and appeals. The Alaska Energy Authority (the "Authority") adopted regulations ("Regulations"), effective October 16, 2009, which includes, among other matters, authorization for (1) interested parties to protest the Authority's award of a contract, proposed award of a contract, or a solicitation by the Authority for supplies, services, professional services, and construction not subject to AS 36.30; (2) persons with claims against the Authority under a contract not subject to AS 36.30 or under a grant agreement to submit their claims to the Authority; and (3) for protesters or claimants to appeal decisions. The Regulations also provide that appeals by protesters or claimants will be made to the Board of Directors of the Authority, unless the Board authorizes the Executive Director to make final decisions for the Authority, in which case appeals will be made to the Executive Director. AEA Resolution 2009-04 provides this Board authorization to the Executive Director to make final decisions so that appeals will be made to the Executive Director rather than to the Board of Directors. Staff recommends approval of AEA Resolution 2009-04. 813 West Northern Lights Boulevard • Anchorage, Alaska 99503-2495 www.aidea.org • 907/771-3000 • FAX 907/771-3044 • Toll Free (Alaska Only) 888/300-8534 • www.akenergyauthority.org ALASKA ENERGY AUTHORITY RESOLUTION NO. 2009-04 RESOLUTION OF THE ALASKA ENERGY AUTHORITY AUTHORIZING THE EXECUTIVE DIRECTOR OF THE AUTHORITY TO MAKE FINAL DECISIONS AND RECEIVE APPEALS UNDER 3 AAC 108.910, 3 AAC 108.915 AND 3 AAC 108.920 REGARDING PROTESTS, CLAIMS AND OTHER ACTIONS WHEREAS, the Alaska Energy Authority (the "Authority") adopted regulations ("Regulations") that became effective October 16, 2009; WHEREAS, the Regulations included the repeal and re-adoption of 3 AAC 108.910 which authorizes interested parties to protest the Authority's award of a contract, proposed award of a contract, or a solicitation by the Authority for supplies, services, professional services, and construction not subject to AS 36.30; WHEREAS, the Regulations included the adoption of 3 AAC 108.915 which authorizes persons with claims against the Authority under a contract not subject to AS 36.30 or a grant agreement, to submit their claims to the Authority; WHEREAS, 3 AAC 108.910 and 3 AAC 108.915 each require the procurement officer of the Authority to issue written decisions on a protest or claim; WHEREAS, the Regulations included the adoption of 3 AAC 108.920 which authorizes a protester under 3 AAC 108.910, a claimant under 3 AAC 108.915, or a protester dissatisfied with other action of the Authority to appeal the decision of the Authority; WHEREAS, 3 AAC 1 08.920(a) provides that the appeal of the decision of the Authority is made to the Board of Directors of the Authority unless the Board of Directors has authorized the Executive Director to make the final decision of the Authority, in which case the appeal of the decision of the Authority is made to the Executive Director; WHEREAS, it is in the public interest and in the best interests of the Authority that the Board of Directors authorize the Executive Director to make the final decision of the Authority and receive any appeal from a protester under 3 AAC 108.910, a claimant under 3 AAC 108.915, or a protester dissatisfied with other action of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE ALASKA ENERGY AUTHORITY AS FOLLOWS: Section 1. The Board of Directors of the Authority authorizes the Executive Director to make the final decisions of the Authority under 3 AAC 108.920 regarding appeals from a protester under 3 AAC 108.910, a claimant under 3 AAC 108.915, or a protester dissatisfied with other action of the Authority. Section 2. The Executive Director of the Authority is authorized and empowered to take any and all actions appropriate and consistent with this Resolution. ,· (SEA'L) •ATTEST DATED at Anchorage, Alaska, this 9th day of November, 2009. ~;:J~ ~irman -~-==--Secretary