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IRBY-NORTHFACE v. COM. ELEC. CO.

Nos. 7632, 7649.

664 P.2d 557 (1983)

IRBY-NORTHFACE, a joint venture, Appellant, v. COMMONWEALTH ELECTRIC COMPANY, Harrison Western Corporation-Newbery Alaska, Inc., a joint venture d/b/a Susitna Constructors and the Alaska Power Authority, Appellees. HARRISON WESTERN CORPORATION-NEWBERY ALASKA, INC., a joint venture d/b/a Susitna Constructors, Cross-Appellant, v. COMMONWEALTH ELECTRIC COMPANY and the Alaska Power Authority, Cross-Appellees.

Supreme Court of Alaska.

April 29, 1983.

Attorney(s) appearing for the Case

Stephen M. Ellis, William E. Moseley and Marc D. Bond, Delaney, Wiles, Hayes, Reitman & Brubaker, Inc., Anchorage, for appellant Irby-Northface.

Robert J. Dickson, Atkinson, Conway, Bell & Gagnon, Anchorage, for appellee/cross-appellee Com. Elec. Co.

Donald W. McClintock and Ross A. Kopperud, Asst. Attys. Gen., Anchorage, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellee/cross-appellee the Alaska Power Authority.

Richard L. Wagg and Lawrence T. Feeney, Faulkner, Banfield, Doogan & Holmes, Anchorage, for appellee/cross-appellant Harrison Western Corp. Newbery Alaska, Inc.

Before BURKE, C.J., RABINOWITZ, MATTHEWS and COMPTON, JJ., and DIMOND, Senior Justice.

OPINION

COMPTON, Justice.

The single issue that must be addressed to resolve this appeal and cross-appeal is whether a joint venture qualifies as an Alaska bidder under the Alaska bidder preference statute, AS 37.05.230, when only one of its venturers would individually qualify as an Alaska bidder. For the reasons set forth below, we conclude that such a joint venture does qualify.

I. FACTUAL AND PROCEDURAL BACKGROUND

On October 25, 1982...

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