txt

HB 204: "An Act relating to the State Procurement Code, including the use of small procurement provisions for certain amounts of leased space, the requirement of Alaska business license proof for Alaska bidder and other procurement preferences, the registration of construction contract bidders and offerors, the establishment and maintenance of lists of persons who want to provide supplies or services to the state, state agencies, and state instrumentalities, electronic bids and proposals, small procurements, and writings; and providing for an effective date."

00                             HOUSE BILL NO. 204                                                                          
01 "An Act relating to the State Procurement Code, including the use of small procurement                                  
02 provisions for certain amounts of leased space, the requirement of Alaska business                                      
03 license proof for Alaska bidder and other procurement preferences, the registration of                                  
04 construction contract bidders and offerors, the establishment and maintenance of lists of                               
05 persons who want to provide supplies or services to the state, state agencies, and state                                
06 instrumentalities, electronic bids and proposals, small procurements, and writings; and                                 
07 providing for an effective date."                                                                                       
08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
09    * Section 1. AS 36.30.080(f) is amended to read:                                                                   
10            (f)  When the department is acquiring leased space of 7,000 [3,000] square feet                          
11       or less, the department may procure the leased space using the procedures for small                               
12       procurements under AS 36.30.320, providing public notice is given to prospective                                  
13       offerors in the market area.                                                                                      
01    * Sec. 2. AS 36.30.110(b) is amended to read:                                                                      
02            (b)  The bidder shall [MUST] have a valid Alaska business license at the time                            
03       designated in the invitation to bid for bid opening to qualify as an Alaska bidder                            
04       under AS 36.30.170 and 36.30.175. If a bidder does not have a valid Alaska                                    
05       business license at the time designated in the invitation to bid for bid opening, the                         
06       bidder shall provide proof that the bidder has a valid Alaska business license                                
07       before the contract may be awarded, but the bidder does not qualify as an Alaska                              
08       bidder under AS 36.30.170 and 36.30.175. A bidder for a construction contract shall                           
09       also submit proof [EVIDENCE] of the bidder's registration under AS 08.18 before                           
10       the contract may be awarded.                                                                                  
11    * Sec. 3. AS 36.30.130(a) is amended to read:                                                                      
12            (a)  The procurement officer shall give adequate public notice of the invitation                             
13       to bid at least 21 days before the date for the opening of bids. If the procurement                               
14       officer determines in writing that a shorter notice period is advantageous for a                                  
15       particular bid and adequate competition is anticipated, the 21-day period may be                                  
16       shortened. Notice shall be posted on the Alaska Online Public Notice System                                       
17       (AS 44.62.175). The time and manner of notice must be in accordance with                                          
18       regulations adopted by the commissioner of administration. When practicable, notice                               
19       may include                                                                                                       
20                 (1)  publication in a newspaper calculated to reach prospective bidders;                                
21       and                                                                                                           
22                 (2)  notices posted in public places within the area where the work is to                               
23       be performed or the material furnished [; AND                                                                     
24                 (3)  NOTICES MAILED TO ALL ACTIVE PROSPECTIVE                                                           
25       CONTRACTORS ON THE APPROPRIATE LIST MAINTAINED UNDER                                                              
26       AS 36.30.050].                                                                                                    
27    * Sec. 4. AS 36.30.210(b) is amended to read:                                                                      
28            (b)  An offeror for a construction contract shall submit proof [EVIDENCE] of                             
29       the offeror's registration as a contractor under AS 08.18 before the contract may be                          
30       awarded. A request for sealed proposals for a construction contract, except a design-                         
31       build construction contract, must require the offeror, not [NO] later than five working                       
01       days after the proposal that is the most advantageous to the state is identified, to list                         
02       subcontractors the offeror proposes to use in the performance of the construction                                 
03       contract. The list must include the information required under AS 36.30.115(a). The                               
04       provisions of AS 36.30.115(b) - (g) that apply to a construction contractor or an                                 
05       apparent low bidder apply to offerors submitting competitive sealed proposals for                                 
06       construction contracts, except design-build construction contracts.                                               
07    * Sec. 5. AS 36.30.210(e) is amended to read:                                                                      
08            (e)  The offeror shall [MUST] have a valid Alaska business license at the time                           
09       designated [,] in the request for proposals [,] for opening of the proposals to qualify as                    
10       an Alaska bidder under AS 36.30.170 and 36.30.175. If an offeror does not have a                              
11       valid Alaska business license at the time designated in the request for proposals                             
12       for opening of the proposals, the offeror shall provide proof that the offeror has a                          
13       valid Alaska business license before the contract may be awarded, but does not                                
14       qualify as an Alaska bidder under AS 36.30.170 and 36.30.175.                                                 
15    * Sec. 6. AS 36.30 is amended by adding a new section to article 4 to read:                                        
16            Sec. 36.30.290. Electronic bids and proposals. An agency may allow bids or                                 
17       proposals to be submitted in electronic form under AS 09.80.010 - 09.80.195                                       
18       (Uniform Electronic Transactions Act).                                                                            
19    * Sec. 7. AS 36.30.320(a) is amended to read:                                                                      
20            (a)  A procurement for supplies, services, or professional services that does not                            
21       exceed an aggregate dollar amount of $100,000 [$50,000], construction that does not                           
22       exceed an aggregate dollar amount of $200,000 [$100,000], or lease of space that does                         
23       not exceed 7,000 [3,000] square feet shall [MAY] be made under [IN                                    
24       ACCORDANCE WITH] regulations adopted by the commissioner for small                                                
25       procurements.                                                                                                     
26    * Sec. 8. AS 36.30.655 is amended to read:                                                                         
27            Sec. 36.30.655. List of persons debarred or suspended; removal from                                        
28       contractor lists. The commissioner shall maintain a list of all persons debarred or                             
29       suspended from consideration for the award of contracts. [THE COMMISSIONER                                    
30       SHALL REMOVE A PERSON DEBARRED OR SUSPENDED FROM THE LISTS                                                        
31       OF CONTRACTORS UNDER AS 36.30.050 FOR THE PERIOD OF DEBARMENT                                                     
01       OR SUSPENSION.]                                                                                                   
02    * Sec. 9. AS 36.30.990 is amended by adding new paragraphs to read:                                                
03                 (25)  "in writing" has the meaning given to "written" in this section;                                  
04                 (26)  "written" means the product of forming characters on paper, other                                 
05       materials, or viewable screens, that can be read, retrieved, and reproduced, including                            
06       information that is electronically transmitted and stored.                                                        
07    * Sec. 10. AS 36.30.050 is repealed.                                                                               
08    * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to                         
09 read:                                                                                                                   
10       TRANSITION: PENDING SOLICITATIONS FOR PROCUREMENTS AND                                                            
11 CONTRACTS. (a) This Act does not apply to                                                                               
12            (1)  solicitations for procurement and the resulting contracts, if the solicitations                         
13 are pending on the effective date of this Act and if the invitation to bid or other solicitation                        
14 was issued before the effective date of this Act; and                                                                   
15            (2)  procurement contracts entered into before the effective date of this Act,                               
16 including extensions or amendments of those contracts.                                                                  
17       (b)  Notwithstanding (a) of this section, this Act applies to procurements or contracts                           
18 described in (a)(1) of this section if all parties to the procurement or contract agree in writing                      
19 that the applicable provisions of this Act apply to the solicitation or contract.                                       
20    * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).