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STATE, DEPT. OF ADMIN. v. BACHNER CO., INC.

No. S-12187.

167 P.3d 58 (2007)

STATE of Alaska, DEPARTMENT OF ADMINISTRATION, and Jim Duncan, in his official capacity as (former) Commissioner thereof, Petitioner, v. BACHNER COMPANY, INC., and Bowers Investment Company, Respondents.

Supreme Court of Alaska.

September 14, 2007.

Attorney(s) appearing for the Case

Marjorie L. Vandor, Assistant Attorney General, and David W. Márquez, Attorney General, Juneau, for Petitioner.

John J. Burns, Borgeson & Burns, PC, Fairbanks, for Respondents.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

We are asked to determine whether a Department of Administration hearing officer erred when he selected the remedy for a defective procurement process. Several months after a procurement contract for a long term lease was awarded, the hearing officer concluded that three separate irregularities had occurred during the proposal evaluation process. After conducting an analysis under AS...

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