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CSHB 288(L&C) AM S(EFD FLD S): "An Act relating to procurement preferences and authorizing certain state real property lease extensions."

00 CS FOR HOUSE BILL NO. 288(L&C) am S(efd fld S)                                                                          
01 "An Act relating to procurement preferences and authorizing certain state real                                          
02 property lease extensions."                                                                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 23.15.210(9) is amended to read:                                                                    
05   (9) "public property" means real or personal property owned or leased                                                
06 by the state or federal government, or an agency of the state or federal government,                                   
07 except for ferry terminal facilities or Alaska marine highway vessels;                                                 
08    * Sec. 2.  AS 36.30.170(b) is amended to read:                                                                       
09  (b)  The procurement officer shall award a contract based on solicited bids to                                        
10 the lowest responsive and responsible bidder after an Alaska bidder preference of five                                  
11 percent,  an Alaska products preference as described in AS 36.30.322 - 36.30.338, and                                   
12 a recycled products preference under AS 36.30.339 have been applied.  In this                                           
13 subsection, "Alaska bidder" means a person who                                                                          
14   (1)  holds a current Alaska business license;                                                                        
01   (2)  submits a bid for goods, services, or construction under the name                                               
02 as appearing on the person's current Alaska business license;                                                           
03   (3)  has, for a period of six months immediately preceding the date                                                 
04 of the bid, maintained a place of business within the state that offers the supplies,                                 
05 services, or construction of the general nature solicited by the agency and that is                                     
06 staffed by the bidder or an employee of the bidder [FOR A PERIOD OF SIX                                                
07 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE BID];                                                                      
08   (4)  is incorporated or qualified to do business under the laws of the                                               
09 state, is a sole proprietorship and the proprietor is a resident of the state, or is a                                  
10 partnership  and all partners are residents of the state; and                                                           
11   (5)  if a joint venture, is composed entirely of ventures that qualify                                               
12 under (1) - (4) of this subsection.                                                                                     
13    * Sec. 3.  AS 36.30.170(e) is amended to read:                                                                       
14  (e)  If a bidder qualifies under (b) of this section as an Alaska bidder, is a                                       
15 qualifying entity [SOLE PROPRIETORSHIP OWNED BY AN INDIVIDUAL WHO                                                      
16 IS A PERSON WITH A DISABILITY], and is the lowest responsible and responsive                                            
17 bidder with a bid that is not more than 10 percent higher than the lowest bid, the                                      
18 procurement officer shall award the contract to that bidder.  This subsection does not                                  
19 give a bidder who would otherwise qualify for a preference under this subsection a                                      
20 preference over another bidder who would otherwise qualify for a preference under this                                  
21 subsection or (f) of this section.  In this subsection, "qualifying entity" means a                                    
22   (1)  sole proprietorship owned by a person with a disability;                                                        
23   (2)  partnership if each of the partners is a person with a disability;                                              
24 or                                                                                                                      
25   (3)  corporation that is wholly owned by individuals if each of the                                                  
26 individuals is a person with a disability.                                                                             
27    * Sec. 4.  LEASE EXTENSIONS AUTHORIZED.  (a)  Notwithstanding AS 36.30, the                                          
28 Department of Administration, the University of Alaska, the legislature, and the court system                           
29 may extend for up to a maximum extension of eight years a real property lease that is entered                           
30 into under AS 36.30, including procedures and regulations adopted under AS 36.30.005(c) and                             
31 36.30.020 - 36.30.030, and that is in existence on the effective date of this section if a                              
01 minimum cost savings of                                                                                                 
02   (1)  10 percent can be achieved on the rent due under the lease; or                                                   
03   (2)  five percent can be achieved on the rent due under the lease and the lessor                                      
04 agrees to make modifications of the leased real property to bring the real property into                                
05 compliance with the requirements of 42 U.S.C. 12101 - 12213 (Americans with Disabilities                                
06 Act of 1990).                                                                                                           
07  (b)  The cost savings under (a) of this section shall be calculated on the remaining term                              
08 of the lease and any renewals, including extensions allowed under (a) of this section.                                  
09  (c)  The Department of Administration, the University of Alaska, the Alaska Court                                      
10 System, and the Legislative Affairs Agency shall submit an annual report to the Legislative                             
11 Budget and Audit Committee detailing the leases extended and the cost savings achieved                                  
12 under (a) or (b) of this section.  The first report is due August 31, 1996, and must cover fiscal                       
13 year 1996.  Subsequent reports are due August 31 of each succeeding year, and the final                                 
14 report is due August 31, 2000.                                                                                          
15    * Sec. 5.  (a)  Subsections 3(a) and (b) of this Act are repealed June 30, 2000.                                     
16  (b)  Subsection 3(c) of this Act is repealed September 1, 2000.                                                        
17    * Sec. 6. Sections 1 and 2 of the Act apply to bids that are submitted on or after the                               
18 effective date of secs. 1 and 2 of this Act.                                                                            
19    * Sec. 7.  If sec. 3 of this Act takes effect after July 1, 1995, sec. 3 of this Act is                              
20 retroactive to July 1, 1995.