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).