As a general statement, when using federal money, a state is supposed to follow its own procurement procedures. While the State should review procurements using federal funds for compliance of federal laws, absent any specific federal direction, the State should apply its own statutes and regulations on projects using federal funds under 2 C.F.R. § 200.317.

No. The Intent to Award form is required by AS 36.30.365 for competitive sealed bids and competitive sealed proposals. It is not required for sole source, limited competition, emergency, or small procurements. Even though an Intent to Award is not required, a vendor may still protest the award.

Yes, you also need to give notice if the stay of award is denied or granted. The reasoning behind this is explained in the next paragraph.

According to the Office of Administrative Hearing (OAH), in OAH No. 22-0372-PRO, it was stated, “The issue of notice, however, is an important issue. When a stay is denied, a protestor has a right to request additional process, including expedited administrative proceedings or a petition for review to the superior court. The opportunity to request additional processes can be important in later determining the appropriate remedy if the protest is sustained. However, if a protestor is not notified of the denial, the protestor's ability to meaningfully pursue additional processes may be affected…Notice is an important element of due process of law. Administrative agencies may be prohibited from enforcing statutory deadlines when they have not provided sufficient notice to allow an aggrieved party to pursue the further process.”

A stay of award is a separate issue from the protest itself and can be overlooked as you focus on the points of a protest. It’s extremely important to always remember you need to inform the Offeror if a stay of award is granted or denied, along with responding to the protest itself. Not doing so can work against you in higher court.