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