CSHB 482(STA): "An Act relating to state procurement practices and procedures; and providing for an effective date."
00CS FOR HOUSE BILL NO. 482(STA) 01 "An Act relating to state procurement practices and procedures; and providing 02 for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 36.30.040(b)(4) is amended to read: 05 (4) conditions and procedures for the use of source selection methods 06 authorized by this chapter, including single [SOLE] source procurements, emergency 07 procurements, and small procurements; 08 * Sec. 2. AS 36.30.040(b)(15) is amended to read: 09 (15) a bidder's or offeror's duties under this chapter [AS 36.30.115 10 AND 36.30.210]; and 11 * Sec. 3. AS 36.30.050(a) is amended to read: 12 (a) Except for persons debarred or suspended under AS 36.30.635 - 13 36.30.655, the [THE] commissioner shall establish and maintain current lists of 14 persons who desire to provide supplies, services, professional services, or construction
01 services to the state. 02 * Sec. 4. AS 36.30.080 is amended by adding a new subsection to read: 03 (f) When the department is acquiring leased space of 3,000 square feet or less, 04 the department may procure the leased space using the procedures for small 05 procurements under AS 36.30.320, providing public notice is given to prospective 06 offerors in the market area. 07 * Sec. 5. AS 36.30 is amended by adding a new section to read: 08 Sec. 36.30.083. LEASE EXTENSIONS AUTHORIZED. (a) Notwithstanding 09 any other provision of this chapter, the department, the Board of Regents of the 10 University of Alaska, the legislative council, or the court system may extend, for up 11 to a maximum extension of 10 years, a real property lease that is entered into under 12 this chapter including procedures and regulations adopted under AS 36.30.005(c), 13 36.30.020, and 36.30.030 and has at least six months remaining under the lease term, 14 if a minimum cost savings of 15 (1) 15 percent can be achieved on the rent due under the lease; or 16 (2) 10 percent can be achieved on the rent due under the lease and the 17 lessor agrees to make modifications of the leased real property to bring the real 18 property into compliance with the requirements of 42 U.S.C. 12101 - 12213 19 (Americans with Disabilities Act of 1990). 20 (b) The cost savings under (a) of this section shall be calculated on the 21 remaining term of the lease and any renewals, including extensions allowed under (a) 22 of this section. 23 (c) The department, the University of Alaska, the court system, and the 24 Legislative Affairs Agency shall submit individually an annual report to the Legislative 25 Budget and Audit Committee detailing the leases extended and the cost savings 26 achieved by that entity under (a) or (b) of this section. Reports are due August 31 of 27 each year. 28 * Sec. 6. AS 36.30.085(d) is amended to read: 29 (d) If the department, Board of Regents, legislative council, or supreme court 30 intends to enter into or renew a lease-purchase agreement for real property with an 31 annual rent to the department, University of Alaska, legislative council, or
01 supreme court that is anticipated to exceed $500,000, or with total lease payments 02 that exceed $2,500,000 for the full term of the lease-purchase agreement, the 03 department, Board of Regents, legislative council, or supreme court shall provide 04 notice to the legislature. The notice must include the 05 (1) anticipated total construction, acquisition, or other costs of the 06 project; 07 (2) anticipated annual amount of the rental obligation; and 08 (3) total lease payments for the full term of the lease-purchase 09 agreement. 10 * Sec. 7. AS 36.30.085(e) is amended to read: 11 (e) The department, the Board of Regents, the legislative council, or the 12 supreme court may not enter into a lease-purchase agreement to acquire or improve 13 real property with an annual rent to the department, University of Alaska, 14 legislative council, or supreme court that is anticipated to exceed $500,000, or with 15 total lease payments that exceed $2,500,000 for the full term of the lease-purchase 16 agreement, unless the agreement has been approved by the legislature by law. 17 * Sec. 8. AS 36.30.115 is amended to read: 18 Sec. 36.30.115. SUBCONTRACTORS FOR CONSTRUCTION 19 CONTRACTS. (a) Within five working days after the identification of the apparent 20 low bidder for a construction contract, the apparent low bidder shall submit a list of 21 the subcontractors the bidder proposes to use in the performance of the construction 22 contract. The list must include the name and location of the place of business for each 23 subcontractor, [AND] evidence of each [THE] subcontractor's valid Alaska business 24 license, and [. A BIDDER FOR A CONSTRUCTION CONTRACT SHALL ALSO 25 SUBMIT] evidence of each subcontractor's registration under AS 08.18. If a 26 subcontractor on the list did not have a valid Alaska business license and a valid 27 certificate of registration under AS 08.18 at the time the bid was opened, the bidder 28 may not use the subcontractor in the performance of the contract, and shall replace the 29 subcontractor with a subcontractor who had a valid Alaska business license and a valid 30 certificate of registration under AS 08.18 at the time the bid was opened. 31 (b) The apparent low [A] bidder for a construction contract may replace
01 a listed subcontractor if the subcontractor 02 (1) fails to comply with AS 08.18; 03 (2) files for bankruptcy or becomes insolvent; 04 (3) fails to execute a contract with the bidder involving performance 05 of the work for which the subcontractor was listed and the bidder acted in good faith; 06 (4) fails to obtain bonding; 07 (5) fails to obtain insurance acceptable to the state; 08 (6) fails to perform the contract with the bidder involving work for 09 which the subcontractor was listed; 10 (7) must be substituted in order for the prime contractor to satisfy 11 required state and federal affirmative action requirements; 12 (8) refuses to agree or abide with the bidder's labor agreement; or 13 (9) is determined by the procurement officer not to be a responsible 14 subcontractor. 15 (c) If a bidder for a construction contract fails to list a subcontractor or lists 16 more than one subcontractor for the same portion of work and the value of that work 17 is in excess of half of one percent of the total bid, the bidder shall be considered to 18 have agreed to perform that portion of work without the use of a subcontractor and to 19 have represented the bidder to be qualified to perform that work. 20 (d) A bidder for a construction contract who attempts to circumvent the 21 requirements of this section by listing as a subcontractor another contractor who, in 22 turn, sublets the majority of the work required under the contract violates this section. 23 (e) If a construction contract is awarded to a bidder who violates this section, 24 the procurement [PURCHASING] officer may 25 (1) cancel the contract; or 26 (2) after notice and a hearing, assess a penalty on the bidder in an 27 amount that does not exceed 10 percent of the value of the subcontract at issue. 28 * Sec. 9. AS 36.30.130(a) is amended to read: 29 (a) The procurement officer shall give adequate public notice of the invitation 30 to bid at least 21 days before the date for the opening of bids. If the procurement 31 officer determines [A DETERMINATION IS MADE] in writing that a shorter notice
01 period is advantageous [NECESSARY] for a particular bid and adequate 02 competition is anticipated, the 21-day period may be shortened. [THE 03 DETERMINATION SHALL BE MADE BY THE CHIEF PROCUREMENT OFFICER 04 FOR BIDS FOR SUPPLIES, SERVICES, OR PROFESSIONAL SERVICES. THE 05 DETERMINATION SHALL BE MADE BY THE COMMISSIONER OF 06 TRANSPORTATION AND PUBLIC FACILITIES FOR BIDS FOR 07 CONSTRUCTION OR ACQUISITION OF PROPERTY FOR THE STATE 08 EQUIPMENT FLEET.] Notice shall be published in the Alaska Administrative 09 Journal. The time and manner of notice must be in accordance with regulations 10 adopted by the commissioner of administration. When practicable, notice may include 11 (1) publication in a newspaper calculated to reach prospective bidders 12 located in the state; 13 (2) notices posted in public places within the area where the work is 14 to be performed or the material furnished; and 15 (3) notices mailed to all active prospective contractors on the 16 appropriate list maintained under AS 36.30.050 17 (A) if the contractors are located in the state; 18 (B) upon request, if the contractors are not located in the state. 19 * Sec. 10. AS 36.30.170(b) is amended to read: 20 (b) The procurement officer shall award a contract based on solicited bids to 21 the lowest responsive and responsible bidder after an Alaska bidder preference of five 22 percent, an Alaska products preference as described in AS 36.30.322 - 36.30.338, and 23 a recycled products preference under AS 36.30.339 have been applied. In this 24 subsection, "Alaska bidder" means a person who 25 (1) holds a current Alaska business license; 26 (2) submits a bid for goods, services, or construction under the name 27 as appearing on the person's current Alaska business license; 28 (3) has maintained, for a period of six months immediately before 29 the date of the bid, a place of business within the state that regularly provides in 30 the normal course of business the supplies, services, or construction of the general 31 nature solicited by the agency and that is staffed by the bidder or an employee of
01 the bidder [FOR A PERIOD OF SIX MONTHS IMMEDIATELY PRECEDING THE 02 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. 11. AS 36.30.200 is amended to read: 09 Sec. 36.30.200. CONDITIONS FOR USE. (a) Except as otherwise provided 10 in this chapter, or unless specifically exempted by law, an agency contract shall be 11 awarded by competitive sealed proposals if it is not awarded by competitive sealed 12 bidding. [CONSTRUCTION MAY ONLY BE PROCURED BY COMPETITIVE 13 SEALED PROPOSALS IF THE CONDITIONS UNDER (c) OF THIS SECTION ARE 14 MET.] 15 (b) The commissioner may provide by regulation that it is either not 16 practicable or not advantageous to the state to procure specified types of supplies, 17 services, or construction by competitive sealed bidding that would otherwise be 18 procured by that method. When the [CHIEF] procurement officer [, OR FOR 19 CONSTRUCTION CONTRACTS OR PROCUREMENTS FOR THE STATE 20 EQUIPMENT FLEET, THE COMMISSIONER OF TRANSPORTATION AND 21 PUBLIC FACILITIES,] determines in writing with particularity that the use of 22 competitive sealed proposals is more [BIDDING IS EITHER NOT PRACTICABLE 23 OR NOT] advantageous to the state than competitive sealed bidding, a contract may 24 be entered into by competitive sealed proposals [IN ACCORDANCE WITH THE 25 REGULATIONS. WHEN IT IS DETERMINED THAT IT IS PRACTICABLE BUT 26 NOT ADVANTAGEOUS TO USE COMPETITIVE SEALED BIDDING, THE CHIEF 27 PROCUREMENT OFFICER OR COMMISSIONER OF TRANSPORTATION AND 28 PUBLIC FACILITIES SHALL SPECIFY WITH PARTICULARITY THE BASIS FOR 29 THE DETERMINATION]. 30 (c) When the commissioner of transportation and public facilities [CHIEF 31 PROCUREMENT OFFICER] determines that it is advantageous to the state, a
01 procurement officer may issue a request for proposals requesting the submission of 02 offers to provide construction in accordance with a design provided by the offeror. 03 The request for proposals shall require that each proposal submitted contain a single 04 price that includes the design/build. 05 * Sec. 12. AS 36.30.210 is repealed and reenacted to read: 06 Sec. 36.30.210. REQUEST FOR PROPOSALS. (a) A request for competitive 07 sealed proposals must contain the date, time, and place for delivering proposals, a 08 specific description of the supplies, construction, services, or professional services to 09 be provided under the contract, and the terms under which the supplies, construction, 10 services, or professional services are to be provided. 11 (b) An offeror for a construction contract shall submit evidence of the offeror's 12 registration under AS 08.18. A request for sealed proposals for a construction contract 13 must require the offeror, no later than five working days after the proposal that is the 14 most advantageous to the state is identified, to list subcontractors the offeror proposes 15 to use in the performance of the construction contract. The list must include the 16 information required under AS 36.30.115(a). The provisions of AS 36.30.115(b) - (e) 17 apply to competitive sealed proposals for construction contracts. 18 (c) A request for proposals must contain that information necessary for an 19 offeror to submit a proposal or contain references to any information that cannot 20 reasonably be included with the request. The request must provide a description of the 21 factors that will be considered by the procurement officer when evaluating the 22 proposals received, including the relative importance of price and other evaluation 23 factors. 24 (d) Notice of a request for proposals shall be given in accordance with 25 procedures under AS 36.30.130. The procurement officer may use additional means 26 considered appropriate to notify prospective offerors of the intent to enter into a 27 contract through competitive sealed proposals. 28 (e) The offeror must have a valid Alaska business license at the time 29 designated, in the request for proposals, for opening of the proposals. 30 * Sec. 13. AS 36.30.230 is amended to read: 31 Sec. 36.30.230. DISCLOSURE OF PROPOSALS. The procurement officer
01 shall open proposals so as to avoid disclosure of contents to competing offerors before 02 notice of intent to award a contract is issued [DURING THE PROCESS OF 03 NEGOTIATION]. A register of proposals containing the name and address of each 04 offeror shall be prepared in accordance with regulations adopted by the commissioner. 05 The register and the proposals are open for public inspection after the notice of intent 06 to award a contract is issued under AS 36.30.365. To the extent that the offeror 07 designates and the procurement officer concurs, trade secrets and other proprietary data 08 contained in the proposal documents are confidential. 09 * Sec. 14. AS 36.30.230 is amended by adding a new subsection to read: 10 (b) If a solicitation is cancelled under AS 36.30.350 after proposals are 11 received but before a notice of intent to award a contract has been issued under 12 AS 36.30.365, a protest of the solicitation or of the cancellation of the solicitation has 13 not been filed by an interested party under AS 36.30.560, and the time specified in 14 AS 36.30.565(a) for filing such a protest has expired, the procurement officer may 15 return a proposal to the offeror that made the proposal. The procurement officer shall 16 keep a list of returned proposals in the file for the solicitation. 17 * Sec. 15. AS 36.30.260 is amended to read: 18 Sec. 36.30.260. CONTRACT EXECUTION. A contract awarded under 19 competitive sealed proposals must contain 20 (1) a statement of the amount of the contract [STATED ON ITS 21 FIRST PAGE]; 22 (2) the date for the supplies to be delivered or the dates for 23 construction, services, or professional services to begin and be completed; 24 (3) a description of the supplies, construction, services, or professional 25 services to be provided; and 26 (4) certification by the project director for the contracting agency, the 27 head of the contracting agency, or a designee that sufficient money is [FUNDS ARE] 28 available in an appropriation to be encumbered for the amount of the contract. 29 * Sec. 16. AS 36.30.300 is repealed and reenacted to read: 30 Sec. 36.30.300. SINGLE SOURCE PROCUREMENTS. (a) A contract may 31 be awarded for supplies, services, professional services, or construction without
01 competitive sealed bidding, competitive sealed proposals, or other competition in 02 accordance with regulations adopted by the commissioner. A contract may be awarded 03 under this section only when the chief procurement officer or, for construction 04 contracts or procurements for the state equipment fleet, the commissioner of 05 transportation and public facilities determines in writing that 06 (1) it is not practicable to award a contract by competitive sealed 07 bidding under AS 36.30.100, competitive sealed proposals under AS 36.30.200, or 08 limited competition under AS 36.30.305; and 09 (2) award of the contract under this section is in the state's best interest. 10 (b) The using agency shall submit written evidence to support a request for a 11 single source procurement. The commissioner of administration or the commissioner 12 of transportation and public facilities, as appropriate, may also require the submission 13 of cost or pricing data in connection with an award under this section. 14 (c) To the extent practicable, the procurement officer shall negotiate with the 15 single source to obtain contract terms advantageous to the state. 16 (d) Procurement requirements may not be aggregated or structured so as to 17 constitute a purchase under this section or to circumvent the source selection 18 procedures required by AS 36.30.100 - 36.30.270. 19 (e) Except for procurements of supplies, services, professional services, or 20 construction that do not exceed the amount for small procurements under 21 AS 36.30.320(a) as applicable, the authority to make a determination required by this 22 section may not be delegated, even if the authority to contract is delegated under 23 AS 36.30.015(a) and (b). 24 * Sec. 17. AS 36.30.305(a) is amended to read: 25 (a) A contract for supplies, services, professional services, or a construction 26 contract under $100,000, may be awarded without competitive sealed bidding or 27 competitive sealed proposals, in accordance with regulations adopted by the 28 commissioner. A contract may be awarded under this section only when the chief 29 procurement officer, or, for construction contracts under $100,000 or procurements for 30 the state equipment fleet, the commissioner of transportation and public facilities, or, 31 for services of legal counsel, the attorney general, determines in writing that a
01 situation exists that makes competitive sealed bidding or competitive sealed proposals 02 impractical or contrary to the public interest. Procurements under this section shall be 03 made with competition that is practicable under the circumstances 04 [CIRCUMSTANCE. EXCEPT FOR PROCUREMENTS OF SUPPLIES, SERVICES, 05 PROFESSIONAL SERVICES, OR CONSTRUCTION THAT DO NOT EXCEED THE 06 AMOUNT FOR SMALL PROCUREMENTS UNDER AS 36.30.320(a) OR (b), 07 AS APPLICABLE, THE AUTHORITY TO MAKE A DETERMINATION 08 REQUIRED BY THIS SECTION MAY NOT BE DELEGATED]. 09 * Sec. 18. AS 36.30.305(d) is amended to read: 10 (d) Single [SOLE] source procurements may not be made under this section. 11 * Sec. 19. AS 36.30 is amended by adding a new section to read: 12 Sec. 36.30.308. INNOVATIVE PROCUREMENTS. (a) A contract may be 13 awarded for supplies, services, professional services, or construction using an 14 innovative procurement process, with or without competitive sealed bidding or 15 competitive sealed proposals, in accordance with regulations adopted by the 16 commissioner. A contract may be awarded under this section only when the chief 17 procurement officer, or, for construction contracts or procurements of the state 18 equipment fleet, the commissioner of transportation and public facilities, determines 19 in writing that it is advantageous to the state to use an innovative competitive 20 procurement process in the procurement of new or unique requirements of the state, 21 new technologies, or to achieve best value. 22 (b) The procurement officer shall submit a procurement plan to the Department 23 of Law for review and approval as to form before issuing the notice required by (c) 24 of this section. 25 (c) A procurement under this section is subject to the requirements of 26 AS 36.30.130. 27 (d) Nothing in this section precludes the adoption of regulations providing for 28 the use of bonuses instead of preferences in a procurement of construction. 29 * Sec. 20. AS 36.30 is amended by adding new sections to read: 30 Sec. 36.30.311. EMPLOYMENT PROGRAM PROCUREMENTS. A 31 procurement of products manufactured or services provided by an employment
01 program of the state may be made without competitive sealed bidding or competitive 02 sealed proposals, in accordance with regulations adopted by the commissioner. 03 Sec. 36.30.313. CORRECTIONAL INDUSTRIES PROCUREMENTS. A 04 procurement of products or services provided by the correctional industries program 05 established under AS 33.32 may be made without competitive sealed bidding or 06 competitive sealed proposals, in accordance with regulations adopted by the 07 commissioner. 08 * Sec. 21. AS 36.30.315 is amended to read: 09 Sec. 36.30.315. FALSE STATEMENTS IN DETERMINATIONS [BY 10 CHIEF PROCUREMENT OFFICER]; CRIMINAL PENALTY. (a) In a determination 11 made by a state official [THE CHIEF PROCUREMENT OFFICER] under 12 AS 36.30.300 - 36.30.310, the state official making the determination [CHIEF 13 PROCUREMENT OFFICER] shall independently examine the material facts of the 14 procurement and independently determine whether the procurement is eligible for the 15 procurement method requested. 16 (b) If a state official [THE CHIEF PROCUREMENT OFFICER] knowingly 17 makes a false statement in a determination made [BY THE CHIEF PROCUREMENT 18 OFFICER] under AS 36.30.300 - 36.30.310, the state official [CHIEF 19 PROCUREMENT OFFICER] is guilty of a class A misdemeanor. 20 * Sec. 22. AS 36.30.320(a) is amended to read: 21 (a) A procurement for supplies, services, or professional services 22 [CONSTRUCTION] that does not exceed an aggregate dollar amount of $50,000, 23 construction that does not exceed an aggregate dollar amount of $100,000, or lease 24 of space that does not exceed 3,000 square feet [$25,000] may be made in 25 accordance with regulations adopted by the commissioner for small procurements. 26 * Sec. 23. AS 36.30 is amended by adding a new section to read: 27 Sec. 36.30.331. DELIVERY OF SUPPLIES. Supplies purchased under this 28 chapter shall be delivered at a location within the state unless the department 29 determines that a point of delivery outside the state would be in the best interest of the 30 state. A bid or proposal involving the procurement of supplies must specify the 31 delivery location and must state that the price is the delivered price at that location.
01 * Sec. 24. AS 36.30 is amended by adding a new section to read: 02 Sec. 36.30.333. PROCUREMENT OF PAPER. Except as otherwise required 03 under AS 36.15.050, AS 36.30.322 - 36.30.332, and 36.30.334 - 36.30.338, when a 04 state agency purchases paper, at least 25 percent of the quantity purchased must be 05 recycled paper unless recycled paper is not available for the purchase or unless, after 06 application of the procurement preference under AS 36.30.339, the recycled paper is 07 more expensive than the nonrecycled paper. 08 * Sec. 25. AS 36.30 is amended by adding a new section to read: 09 Sec. 36.30.335. PRODUCT PREFERENCES. This chapter does not modify 10 AS 36.15.010 and 36.15.020 regarding preference for Alaska forest products, or 11 AS 36.15.050 and 36.15.060 regarding preference for Alaska agricultural and fisheries 12 products, except as provided in AS 36.30.170(b), (c), (e) - (h), and 36.30.339. 13 * Sec. 26. AS 36.30.520(a) is amended to read: 14 (a) The commissioner shall maintain for a minimum of five years a record 15 listing all single [SOLE] source procurement contracts made under AS 36.30.300 and 16 emergency procurements made under AS 36.30.310. The record must contain 17 (1) each contractor's name; 18 (2) the amount and type of each contract; and 19 (3) a listing of the supplies, services, professional services, or 20 construction procured under each contract. 21 * Sec. 27. AS 36.30 is amended by adding a new section to read: 22 Sec. 36.30.522. RECORDS OF INNOVATIVE PROCUREMENTS. The 23 commissioner and the contracting agency shall keep a file for each contract awarded 24 under an innovative procurement process under AS 36.30.308. The file is subject to 25 inspection under the same standards as described in AS 36.30.140(b) and 36.30.230. 26 The file kept by the commissioner must contain a summary of the information in the 27 file of the contracting agency. The file kept by the contracting agency must contain 28 (1) a copy of the contract; 29 (2) the written determination under AS 36.30.308(a); 30 (3) the procurement plan as approved as to form by the Department of 31 Law;
01 (4) the record of notice under AS 36.30.130; and 02 (5) the record of respondents to solicitation. 03 * Sec. 28. AS 36.30 is amended by adding a new section to article 9 to read: 04 Sec. 36.30.550. APPLICABILITY OF PROTEST AND APPEAL 05 PROCEDURES. (a) Except for small procurements made under AS 36.30.320, the 06 provisions of AS 36.30.560 - 36.30.615 apply to a solicitation, a proposed contract 07 award, and a contract for supplies, services, professional services, or construction. 08 (b) The commissioner shall adopt regulations providing for protest and appeal 09 procedures of small procurements made under AS 36.30.320. 10 * Sec. 29. AS 36.30.565(a) is amended to read: 11 (a) A protest based upon alleged improprieties or ambiguities in a 12 solicitation must be filed at least 10 days before the due date of the bid or 13 proposal, unless a later protest deadline is specifically allowed in the solicitation. 14 A protest of a bid or proposal with a shortened public notice, which is based upon 15 alleged improprieties or ambiguities in the solicitation, must be filed prior to the 16 due date of the bid or proposal. Notwithstanding the other provisions in this 17 subsection, a protest of a bid or proposal in which a pre-bid or pre-proposal 18 conference is held within 12 days of the due date, which is based upon alleged 19 improprieties or ambiguities in the solicitation, must be filed prior to the due date 20 of the bid or proposal. A protest based upon alleged improprieties in an award of 21 a contract or a proposed award of a contract must be filed within 10 days after a notice 22 of intent to award the contract is issued by the procurement officer. 23 * Sec. 30. AS 36.30.580(a) is amended to read: 24 (a) The procurement officer of the contracting agency shall issue a written 25 decision containing the basis of the decision within 15  days after a protest has 26 been filed. A copy of the decision shall be furnished to the protester by certified mail 27 or other method that provides evidence of receipt. 28 * Sec. 31. AS 36.30.580(b) is amended to read: 29 (b) The time for a decision may be extended up to 30  days for good cause 30 by the commissioner of administration, or, for protests involving construction or 31 procurements for the state equipment fleet, the commissioner of transportation and
01 public facilities. If an extension is granted, the procurement officer shall notify the 02 protester in writing of the date that [OF] the decision is due. 03 * Sec. 32. AS 36.30.585 is amended by adding a new subsection to read: 04 (c) Notwithstanding (a) and (b) of this section, if a protest is sustained in 05 whole or part, the protester's damages are limited to reasonable bid or proposal 06 preparation costs. 07 * Sec. 33. AS 36.30.605(a) is amended to read: 08 (a) The procurement officer of the contracting agency shall file a complete 09 report on the protest and decision with the commissioner of administration or the 10 commissioner of transportation and public facilities, as appropriate, within 10 [SEVEN] 11 days after a protest appeal is filed. The procurement officer shall furnish a copy of 12 the report to the protester and to interested parties that have requested a copy of the 13 appeal under AS 36.30.595(b). 14 * Sec. 34. AS 36.30.605(c) is amended to read: 15 (c) The protester may file comments on the protest report with the 16 commissioner of administration or the commissioner of transportation and public 17 facilities, as appropriate, within 10 [SEVEN] days after the report is received. The 18 protester shall provide copies of the comments to the procurement officer and to 19 interested parties that have requested a copy of the appeal under AS 36.30.595(b). 20 * Sec. 35. AS 36.30.620(a) is amended to read: 21 (a) A contractor shall file a claim concerning a contract awarded under this 22 chapter with the procurement officer. The contractor shall certify that the claim is 23 made in good faith, that the supporting data are accurate and complete to the best of 24 the contractor's knowledge and belief, and that the amount requested accurately 25 reflects the contract adjustment for which the contractor believes the state is liable. 26 Except for a lease rate adjustment called for in the lease, a claim under this 27 section must be filed within 90 days after the contractor becomes aware of the 28 basis of the claim or should have known the basis of the claim, whichever is 29 earlier. A lease rate adjustment called for in the lease must be filed prior to the 30 expiration date of the lease. 31 * Sec. 36. AS 36.30.620 is amended by adding a new subsection to read:
01 (g) This section does not apply to payment disputes governed by 02 AS 37.05.285. 03 * Sec. 37. AS 36.30.655 is amended to read: 04 Sec. 36.30.655. LIST OF PERSONS DEBARRED OR SUSPENDED. The 05 commissioner shall maintain a list of all persons debarred or suspended from 06 consideration for award of contracts. The commissioner shall remove a person 07 debarred or suspended from the lists of contractors under AS 36.30.050 for the 08 period of debarment or suspension. 09 * Sec. 38. AS 36.30.850(b)(23) is amended to read: 10 (23) operation and protection of assets or disposals of equipment 11 and supplies acquired through foreclosure or other legal proceedings relating to [OF] 12 loans issued under AS 03.10; 13 * Sec. 39. AS 36.30.850(b) is amended by adding a new paragraph to read: 14 (34) purchases of livestock by a correctional industries program 15 established under AS 33.32. 16 * Sec. 40. AS 36.30.910 is amended to read: 17 Sec. 36.30.910. PURCHASES THROUGH GENERAL SERVICES 18 ADMINISTRATION. Notwithstanding any other provision of this chapter, [THIS 19 CHAPTER DOES NOT PREVENT] purchasing through the general services 20 administration or from federal supply schedules of the general services 21 administration may be made without competitive sealed bidding, competitive 22 sealed proposals, or other competition, so long as the purchasing is made in 23 accordance with regulations adopted by the commissioner for purchases under 24 this section and as provided by federal law. 25 * Sec. 41. AS 36.30.990 is amended by adding a new paragraph to read: 26 (22) "state official" means a public employee, public officer, or official 27 of an agency. 28 * Sec. 42. Section 3, ch. 59, SLA 1994, is amended to read: 29 Sec. 3. AS 36.30.130(a) is repealed and reenacted to read: 30 (a) The procurement officer shall give adequate public notice of the invitation 31 to bid at least 21 days before the date for the opening of bids. If the procurement
01 officer determines [A DETERMINATION IS MADE] in writing that a shorter notice 02 period is advantageous [NECESSARY] for a particular bid and adequate 03 competition is anticipated, the 21-day period may be shortened. [THE 04 DETERMINATION SHALL BE MADE BY THE CHIEF PROCUREMENT OFFICER 05 FOR BIDS FOR SUPPLIES, SERVICES, OR PROFESSIONAL SERVICES. THE 06 DETERMINATION SHALL BE MADE BY THE COMMISSIONER OF 07 TRANSPORTATION AND PUBLIC FACILITIES FOR BIDS FOR 08 CONSTRUCTION OR ACQUISITION OF PROPERTY FOR THE STATE 09 EQUIPMENT FLEET.] Notice shall be published in the Alaska Administrative 10 Journal. The time and manner of notice must be in accordance with regulations 11 adopted by the commissioner of administration. When practicable, notice may include 12 (1) publication in a newspaper calculated to reach prospective bidders; 13 (2) notices posted in public places within the area where the work is 14 to be performed or the material furnished; and 15 (3) notices mailed to all active prospective contractors on the 16 appropriate list maintained under AS 36.30.050. 17 * Sec. 43. (a) AS 36.30.015(c), 36.30.090, 36.30.095, 36.30.100(b), 36.30.850(b)(14), 18 and 36.30.900 are repealed. 19 (b) AS 36.30.320(b) is repealed. 20 * Sec. 44. REVISOR'S CHANGES. The revisor of statutes is requested to change the 21 heading of art. 5 of AS 36.30 from "Article 5. Preference for Alaska Products." to "Article 5. 22 Preferences." Additionally, the revisor of statutes is requested to renumber AS 36.30.339 to 23 AS 36.30.337, to place that section in art. 5 of AS 36.30. 24 * Sec. 45. TRANSITION: REGULATIONS. Notwithstanding secs. 49 - 51 of this Act, 25 the commissioner of administration and the commissioner of transportation and public facilities 26 may proceed to adopt regulations necessary to implement respective changes in law enacted 27 by this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but 28 not before the effective date of the change in law in this Act. 29 * Sec. 46. APPLICABILITY. Notwithstanding the changes in law made by this Act, the 30 state agencies may continue to act on or consider a provision of a solicitation, notice of intent 31 to award, or response to solicitation made before the effective date of the relevant change in
01 law enacted by this Act, to the extent that the provision is not inconsistent with a provision 02 of this Act. 03 * Sec. 47. FIRST LEASE EXTENSION REPORT. Notwithstanding AS 36.30.083(c), 04 enacted by sec. 5 of this Act, the first lease extension report under AS 36.30.083(c) is due 05 August 31, 1997, and must cover fiscal year 1997. 06 * Sec. 48. Sections 2 - 9, 11, 15, 20, 21, 23 - 25, 37 - 39, 41, 43(a), and 44 - 47 of this 07 Act take effect immediately under AS 01.10.070(c). 08 * Sec. 49. Sections 1, 10, 12 - 14, 16 - 19, 22, 26, 27, 29 - 36, 40, and 43(b) of this Act 09 take effect September 30, 1996. 10 * Sec. 50. Section 28 of this Act takes effect January 1, 1997. 11 * Sec. 51. Section 42 of this Act takes effect August 22, 1998.