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;
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
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
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).