CSHB 288(L&C): "An Act relating to procurement preferences."

00 CS FOR HOUSE BILL NO. 288(L&C)                                                                                          
01 "An Act relating to procurement preferences."                                                                           
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 36.30.170(b) is amended to read:                                                                    
04  (b)  The procurement officer shall award a contract based on solicited bids to                                        
05 the lowest responsive and responsible bidder after an Alaska bidder preference of five                                  
06 percent,  an Alaska products preference as described in AS 36.30.322 - 36.30.338, and                                   
07 a recycled products preference under AS 36.30.339 have been applied.  In this                                           
08 subsection, "Alaska bidder" means a person who                                                                          
09   (1)  holds a current Alaska business license;                                                                        
10   (2)  submits a bid for goods, services, or construction under the name                                               
11 as appearing on the person's current Alaska business license;                                                           
12   (3)  has, for a period of six months immediately preceding the date                                                 
13 of the bid, maintained a place of business within the state that offers the supplies,                                 
14 services, or construction of the general nature solicited by the agency and that is                                     
01 staffed by the bidder or an employee of the bidder [FOR A PERIOD OF SIX                                                
02 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE BID];                                                                      
03   (4)  is incorporated or qualified to do business under the laws of the                                               
04 state, is a sole proprietorship and the proprietor is a resident of the state, or is a                                  
05 partnership  and all partners are residents of the state; and                                                           
06   (5)  if a joint venture, is composed entirely of ventures that qualify                                               
07 under (1) - (4) of this subsection.                                                                                     
08    * Sec. 2.  AS 36.30.170(e) is amended to read:                                                                       
09  (e)  If a bidder qualifies under (b) of this section as an Alaska bidder, is a                                       
10 qualifying entity [SOLE PROPRIETORSHIP OWNED BY AN INDIVIDUAL WHO                                                      
11 IS A PERSON WITH A DISABILITY], and is the lowest responsible and responsive                                            
12 bidder with a bid that is not more than 10 percent higher than the lowest bid, the                                      
13 procurement officer shall award the contract to that bidder.  This subsection does not                                  
14 give a bidder who would otherwise qualify for a preference under this subsection a                                      
15 preference over another bidder who would otherwise qualify for a preference under this                                  
16 subsection or (f) of this section.  In this subsection, "qualifying entity" means a                                    
17   (1)  sole proprietorship owned by a person with a disability;                                                        
18   (2)  partnership if each of the partners is a person with a disability;                                              
19 or                                                                                                                      
20   (3)  corporation that is wholly owned by individuals if each of the                                                  
21 individuals is a person with a disability.                                                                             
22    * Sec. 3.  This Act applies to bids that are submitted on or after the effective date of this                        
23 Act.