SB 129: "An Act relating to the state's chief procurement officer."
00SENATE BILL NO. 129 01 "An Act relating to the state's chief procurement officer." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 36.30.010(a) is amended to read: 04 (a) The commissioner shall appoint to the partially exempt service the chief 05 procurement officer of the state. The chief procurement officer must have at least five 06 years of prior experience in public procurement, including large scale procurement of 07 supplies, services, or professional services, and must be a person with demonstrated 08 executive and organizational ability. The chief procurement officer may be removed 09 by the commissioner only for cause. The term of office of the chief procurement 10 officer is six [FOUR] years. 11 * Sec. 2. AS 36.30.010 is amended by adding new subsections to read: 12 (c) The chief procurement officer may not delegate the duties of the chief 13 procurement officer established under this chapter. 14 (d) While a person performs the duties of the chief procurement officer under
01 this chapter, the person may not be employed in or appointed to another position with 02 the state. 03 (e) The annual salary of the chief procurement officer is range 26, step C, of 04 the salary schedule established in AS 39.27.011. 05 * Sec. 3. AS 36.30.305(a) is amended to read: 06 (a) A contract for supplies, services, professional services, or a construction 07 contract under $100,000, may be awarded without competitive sealed bidding or 08 competitive sealed proposals, in accordance with regulations adopted by the 09 commissioner. A contract may be awarded under this section only when the chief 10 procurement officer [COMMISSIONER], or, for construction contracts under 11 $100,000 or procurements for the state equipment fleet, the commissioner of 12 transportation and public facilities, determines in writing that a situation exists that 13 makes competitive sealed bidding or competitive sealed proposals impractical or 14 contrary to the public interest. Procurements under this section shall be made with 15 competition that is practicable under the circumstance. Except for procurements of 16 supplies, services, or construction that do not exceed the amount for small 17 procurements under AS 36.30.320(a), the authority to make a determination required 18 by this section may not be delegated. 19 * Sec. 4. AS 36.30.310 is amended to read: 20 Sec. 36.30.310. EMERGENCY PROCUREMENTS. Procurements may be 21 made under emergency conditions as defined in regulations adopted by the 22 commissioner when there exists a threat to public health, welfare, or safety, when a 23 situation exists that makes a procurement through competitive sealed bidding or 24 competitive sealed proposals impracticable or contrary to the public interest, or to 25 protect public or private property. An emergency procurement need not be made 26 through competitive sealed bidding or competitive sealed proposals but shall be made 27 with competition that is practicable under the circumstances. A written determination 28 by the chief procurement officer of the basis for the emergency and for the selection 29 of the particular contractor shall be included in the contract file. The written 30 determination must include findings of fact that support the determination. 31 * Sec. 5. AS 36.30 is amended by adding a new section to read:
01 Sec. 36.30.315. DETERMINATIONS BY CHIEF PROCUREMENT 02 OFFICER; CRIMINAL PENALTY. (a) In a determination made by the chief 03 procurement officer under AS 36.30.300 - 36.30.310, the chief procurement officer 04 shall independently examine the material facts of the contract and independently 05 determine whether the contract is eligible for the procurement procedure selected for 06 the contract. 07 (b) If the chief procurement officer knowingly makes a false statement in a 08 determination made by the chief procurement officer under AS 36.30.300 - 36.30.310, 09 the chief procurement officer is guilty of a class A misdemeanor. 10 * Sec. 6. TRANSITIONAL PROVISIONS. (a) With respect to the person holding the 11 position of chief procurement officer on the effective date of this Act, the six-year term of the 12 chief procurement officer under AS 36.30.010(a), as amended by sec. 1 of this Act, shall 13 include the time the person holds the position before the effective date of this Act. 14 (b) AS 36.30.010(c) - (e), added by sec. 2 of this Act, apply to the chief procurement 15 officer on and after the effective date of this Act. 16 (c) AS 36.30.305 and 36.30.310, amended by secs. 3 and 4 of this Act, apply to a 17 procurement that begins on or after the effective date of this Act. 18 (d) AS 36.30.315, enacted by sec. 5 of this Act, applies to a determination made on 19 or after the effective date of this Act.