CSSB 160(L&C): "An Act relating to a procurement and electronic commerce tools program for state departments and instrumentalities of the state; and providing for an effective date."
00 CS FOR SENATE BILL NO. 160(L&C) 01 "An Act relating to a procurement and electronic commerce tools program for state 02 departments and instrumentalities of the state; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 36.30 is amended by adding a new section to article 1 to read: 05 Sec. 36.30.093. State procurement and electronic commerce tools 06 program. (a) The department may enter into a program under which the department 07 contracts with a person from the private sector to provide procurement services and to 08 provide for the delivery and use of electronic commerce tools. Notwithstanding any 09 other provision of this chapter, the contract shall be awarded under AS 36.30.100 - 10 36.30.190. 11 (b) Notwithstanding any other provision of this chapter, all state departments 12 and instrumentalities of the state may participate in the program authorized by (a) of 13 this section. 14 (c) A procurement conducted by the person selected under (a) of this section is
01 not subject to this chapter or to AS 36.15. However, the procurement is subject to (d) 02 - (o) of this section. 03 (d) Except as provided in (e) - (i) of this section, the program contractor shall 04 award a contract based on solicited bids to the lowest responsive and responsible 05 bidder after an Alaska bidder preference of five percent, an Alaska products 06 preference as described in (k) of this section, and a recycled products preference under 07 (l) of this section have been applied. 08 (e) Except as otherwise provided under (g) or (h) of this section, if a bidder 09 qualifies as an Alaska bidder, is offering services through an employment program, 10 and is the lowest responsible and responsive bidder with a bid that is not more than 15 11 percent higher than the lowest bid, the program contractor shall award the contract to 12 that bidder. This subsection does not give a bidder who would otherwise qualify for a 13 preference under this subsection a preference over another bidder who would 14 otherwise qualify for a preference under this subsection. 15 (f) The program contractor shall award an insurance-related contract based on 16 solicited bids to the lowest responsive and responsible bidder after an Alaska bidder 17 preference of five percent. In this subsection, "Alaska bidder" means a person who is 18 an Alaska bidder and an Alaska domestic insurer. 19 (g) If a bidder is an Alaska bidder, is a qualifying entity, and is the lowest 20 responsible and responsive bidder with a bid that is not more than 10 percent higher 21 than the lowest bid, the program contractor shall award the contract to that bidder. 22 This subsection does not give a bidder who would otherwise qualify for a preference 23 under this subsection a preference over another bidder who would otherwise qualify 24 for a preference under this subsection or (h) of this section. In this subsection, 25 "qualifying entity" has the meaning given in AS 36.30.170(e). 26 (h) If a bidder is an Alaska bidder, if 50 percent or more of the bidder's 27 employees at the time the bid is submitted are persons with disabilities and if the 28 bidder is the lowest responsible and responsive bidder with a bid that is not more than 29 10 percent higher than the lowest bid, the program contractor shall award the contract 30 to that bidder. The contract must contain a promise by the bidder that the percentage 31 of the bidder's employees who are persons with disabilities will remain at 50 percent
01 or more during the contract term. This subsection does not give a bidder who would 02 otherwise qualify for a preference under this subsection a preference over another 03 bidder who would otherwise qualify for a preference under this subsection or (g) of 04 this section. In this subsection, "person with a disability" has the meaning given in 05 AS 36.30.170. 06 (i) A preference under (e), (g), or (h) of this section is in addition to any other 07 preference for which the bidder qualifies, including the Alaska bidder preference 08 under (d) of this section. However, a bidder may not receive a preference under (e) 09 and (g) of this section, (e) and (h) of this section, or (g) and (h) of this section for the 10 same contract. 11 (j) In order to qualify for a preference under (e), (g), or (h) of this section, a 12 bidder shall add value by actually performing, controlling, managing, and supervising 13 the services provided, or a bidder shall have sold supplies of the general nature 14 solicited to other state agencies, governments, or the general public. 15 (k) The program contractor shall use Alaska products whenever practicable in 16 procurements for a state agency. Recycled Alaska products shall be used when they 17 are of comparable quality, of equivalent price, and appropriate for the intended use. In 18 the evaluation of a bid or proposal for a procurement, the program contractor shall 19 decrease a bid or offer that designates the use of Alaska products identified in the 20 contract specifications by the percentage of the value of the designated Alaska 21 products. 22 (l) In the evaluation of a bid or proposal for a procurement of products, the 23 program contractor shall decrease the bid or proposal by five percent if the bid or 24 proposal indicates that the products being purchased will be recycled products. A 25 decrease made under this subsection is in addition to other preferences allowed for the 26 procurement. 27 (m) When awarding a contract under competitive sealed proposals, the 28 program contractor shall consider whether the offeror qualifies as an Alaska bidder, is 29 offering the service of an employment program, or qualifies for a preference under (g) 30 or (h) of this section. 31 (n) In a project financed by state money in which the use of timber, lumber,
01 and manufactured lumber products is required, only timber, lumber, and manufactured 02 lumber products originating in this state from local forests shall be used wherever 03 practicable. 04 (o) When agricultural products are purchased in a procurement handled by the 05 program contractor, only agricultural products harvested in the state shall be 06 purchased whenever priced not more than seven percent above products harvested 07 outside the state, available, and of like quality compared with agricultural products 08 harvested outside the state. When fisheries products are purchased in a procurement 09 handled by the program contractor, only fisheries products harvested or processed 10 within the jurisdiction of the state shall be purchased whenever priced not more than 11 seven percent above products harvested or processed outside the jurisdiction of the 12 state, available, and of like quality compared with fisheries products harvested or 13 processed outside the jurisdiction of the state. In this subsection, "agricultural 14 products" includes dairy products, timber and lumber, and products manufactured in 15 the state from timber and lumber. 16 (p) In this section, 17 (1) "Alaska bidder" has the meaning given in AS 36.30.170; 18 (2) "instrumentalities of the state" means a state public corporation, a 19 state enterprise, or another administrative unit of state government that handles its 20 procurement and supply management in a manner that is separate from a department 21 of the state; 22 (3) "program contractor" means the contractor selected by the 23 department to manage the program. 24 * Sec. 2. Sections 2 and 3, ch. 51, SLA 2003, are repealed. 25 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY. Nothing in this Act affects the validity of actions taken by the 28 Department of Administration under ch. 51, SLA 2003, before the effective date of this Act. 29 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).