SB 12: "An Act relating to state and public entity procurement, including the State Procurement Code, procurement preferences, contract awards, the use of small procurement provisions for certain amounts of leased space, the Alaska business license requirement for Alaska bidder and other procurement preferences, the proof of 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, the chief procurement officer, small procurements, and writings; relating to the meaning of 'Alaska bidder'; and providing for an effective date."
00 SENATE BILL NO. 12 01 "An Act relating to state and public entity procurement, including the State 02 Procurement Code, procurement preferences, contract awards, the use of small 03 procurement provisions for certain amounts of leased space, the Alaska business license 04 requirement for Alaska bidder and other procurement preferences, the proof of 05 registration of construction contract bidders and offerors, the establishment and 06 maintenance of lists of persons who want to provide supplies or services to the state, 07 state agencies, and state instrumentalities, electronic bids and proposals, the chief 08 procurement officer, small procurements, and writings; relating to the meaning of 09 'Alaska bidder'; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 24.55.275 is amended to read: 12 Sec. 24.55.275. Contract procedures. The ombudsman shall adopt by
01 regulation procedures consistent with AS 36.30 to be followed by the office of the 02 ombudsman in contracting for services. However, the procedure for requests for 03 proposals does not apply to contracts for investigations under AS 24.55.100, and the 04 office of the ombudsman shall comply with the five percent preference under 05 AS 36.30.321(a) [AS 36.30.170(b)]. 06 * Sec. 2. AS 36.15.050(a) is amended to read: 07 (a) When agricultural products are purchased by the state or by a school 08 district that receives state money, a seven percent preference shall be applied to the 09 price of the products harvested in the state [ONLY AGRICULTURAL 10 PRODUCTS HARVESTED IN THE STATE SHALL BE PURCHASED 11 WHENEVER PRICED NO MORE THAN SEVEN PERCENT ABOVE PRODUCTS 12 HARVESTED OUTSIDE THE STATE, AVAILABLE, AND OF LIKE QUALITY 13 COMPARED WITH AGRICULTURAL PRODUCTS HARVESTED OUTSIDE 14 THE STATE]. 15 * Sec. 3. AS 36.15.050(b) is amended to read: 16 (b) When fisheries products are purchased by the state or by a school district 17 that receives state money, a seven percent preference shall be applied to the price 18 of the products harvested or processed within the jurisdiction of the state [ONLY 19 FISHERIES PRODUCTS HARVESTED OR PROCESSED WITHIN THE 20 JURISDICTION OF THE STATE SHALL BE PURCHASED WHENEVER PRICED 21 NO MORE THAN SEVEN PERCENT ABOVE PRODUCTS HARVESTED OR 22 PROCESSED OUTSIDE THE JURISDICTION OF THE STATE, AVAILABLE, 23 AND OF LIKE QUALITY COMPARED WITH FISHERIES PRODUCTS 24 HARVESTED OR PROCESSED OUTSIDE THE JURISDICTION OF THE 25 STATE]. 26 * Sec. 4. AS 36.15.050 is amended by adding a new subsection to read: 27 (h) A bidder receiving a preference under this section may not receive a 28 preference under AS 36.30.322. 29 * Sec. 5. AS 36.30.010(d) is amended to read: 30 (d) The annual salary of the chief procurement officer is range 25 [27] of the 31 salary schedule established in AS 39.27.011.
01 * Sec. 6. AS 36.30.015(e) is amended to read: 02 (e) The board of directors of the Alaska Railroad Corporation and the board of 03 directors of the Alaska Aerospace Corporation shall adopt procedures to govern the 04 procurement of supplies, services, professional services, and construction. The 05 procedures must be substantially equivalent to the procedures prescribed in this 06 chapter and in regulations adopted under this chapter. Notwithstanding the other 07 provisions of this subsection, the Alaska Railroad Corporation and the Alaska 08 Aerospace Corporation shall comply with the five percent preference under 09 AS 36.30.321(a) [AS 36.30.170(b)], and, when the Department of Transportation and 10 Public Facilities authorizes the Alaska Railroad Corporation to perform construction 11 work instead of the Department of Transportation and Public Facilities, the Alaska 12 Railroad Corporation shall use competitive sealed bidding or competitive sealed 13 proposals under AS 36.30.100 - 36.30.270 to procure the supplies, services, 14 professional services, and construction services necessary for the work and, to ensure 15 the state obtains the lowest cost for the project, may submit a bid or proposal for the 16 work. 17 * Sec. 7. AS 36.30.015(f) is amended to read: 18 (f) The board of directors of the Alaska Housing Finance Corporation, 19 notwithstanding AS 18.56.088, the membership of the Alaska Industrial Development 20 and Export Authority, notwithstanding AS 44.88.085, and the board of directors of the 21 Knik Arm Bridge and Toll Authority under AS 19.75.111, shall adopt regulations 22 under AS 44.62 (Administrative Procedure Act), and the board of trustees of the 23 Alaska Retirement Management Board shall adopt regulations under AS 37.10.240, to 24 govern the procurement of supplies, services, professional services, and construction 25 for the respective public corporation and board. The regulations must reflect 26 competitive bidding principles and provide vendors reasonable and equitable 27 opportunities to participate in the procurement process and must include procurement 28 methods to meet emergency and extraordinary circumstances. Notwithstanding the 29 other provisions of this subsection, the Alaska Housing Finance Corporation, the 30 Alaska Industrial Development and Export Authority, the Knik Arm Bridge and Toll 31 Authority, and the Alaska Retirement Management Board shall comply with the five
01 percent preference under AS 36.30.321(a) [AS 36.30.170(b)]. 02 * Sec. 8. AS 36.30.015(h) is amended to read: 03 (h) The board of directors of the Alaska Seafood Marketing Institute shall 04 adopt procedures to govern the procurement of supplies, services, and professional 05 services. The procedures must be similar to the procedures prescribed in this chapter 06 and in regulations adopted under this chapter, except that the Alaska Seafood 07 Marketing Institute shall comply with the five percent preference under 08 AS 36.30.321(a) [AS 36.30.170(b)]. 09 * Sec. 9. AS 36.30.020 is amended to read: 10 Sec. 36.30.020. Legislature. The legislative council shall adopt and publish 11 procedures to govern the procurement of supplies, services, professional services, and 12 construction by the legislative branch. The procedures must be based on the 13 competitive principles consistent with this chapter and must be adapted to the special 14 needs of the legislative branch as determined by the legislative council. The 15 procedures must contain provisions for prohibiting procurement from a person that has 16 headquarters in a country listed in Tier 3 of the most recent Trafficking in Persons 17 Report published by the United States Secretary of State under 22 U.S.C. 18 7107(b)(1)(C). The procedures may contain provisions for restricting procurement 19 from a person that conducts business in but does not have headquarters in a country 20 listed in Tier 3 of the most recent Trafficking in Persons Report published by the 21 United States Secretary of State under 22 U.S.C. 7107(b)(1)(C). The procedures must 22 be consistent with the provisions of AS 36.30.080(c) - (e) and 36.30.085. 23 Notwithstanding the other provisions of this section, the legislative agencies subject to 24 the legislative council's regulations shall comply with the five percent preference 25 under AS 36.30.321(a) [AS 36.30.170(b)]. 26 * Sec. 10. AS 36.30.030 is amended to read: 27 Sec. 36.30.030. Court system. The administrative director of the Alaska Court 28 System shall adopt and publish procedures to govern the procurement of supplies, 29 services, professional services, and construction by the judicial branch. The 30 procedures must be based on the competitive principles consistent with this chapter 31 and must be adapted to the special needs of the judicial branch as determined by the
01 administrative director of the Alaska Court System. The procedures must contain 02 provisions for prohibiting procurement from a person that has headquarters in a 03 country listed in Tier 3 of the most recent Trafficking in Persons Report published by 04 the United States Secretary of State under 22 U.S.C. 7107(b)(1)(C). The procedures 05 may contain provisions for restricting procurement from a person that conducts 06 business in but does not have headquarters in a country listed in Tier 3 of the most 07 recent Trafficking in Persons Report published by the United States Secretary of State 08 under 22 U.S.C. 7107(b)(1)(C). The procedures must be consistent with the provisions 09 of AS 36.30.080(c) - (e) and 36.30.085. Notwithstanding the other provisions of this 10 section, the judicial branch shall comply with the five percent preference under 11 AS 36.30.321(a) [AS 36.30.170(b)]. 12 * Sec. 11. AS 36.30.080(f) is amended to read: 13 (f) When the department is acquiring leased space of 7,000 [3,000] square feet 14 or less, the department may procure the leased space using the procedures for small 15 procurements under AS 36.30.320, providing public notice is given to prospective 16 offerors in the market area. 17 * Sec. 12. AS 36.30.110(b) is amended to read: 18 (b) The bidder shall [MUST] have a valid Alaska business license at the time 19 the contract is awarded. To qualify as an Alaska bidder under AS 36.30.321, a 20 bidder shall have a valid Alaska business license at the time designated in the 21 invitation to bid for bid opening. A bidder for a construction contract shall also submit 22 proof [EVIDENCE] of the bidder's registration under AS 08.18 before the contract 23 may be awarded. 24 * Sec. 13. AS 36.30.130(a) is amended to read: 25 (a) The procurement officer shall give adequate public notice of the invitation 26 to bid at least 21 days before the date for the opening of bids. If the procurement 27 officer determines in writing that a shorter notice period is advantageous for a 28 particular bid and adequate competition is anticipated, the 21-day period may be 29 shortened. Notice shall be posted on the Alaska Online Public Notice System 30 (AS 44.62.175). The time and manner of notice must be in accordance with 31 regulations adopted by the commissioner of administration. When practicable, notice
01 may include 02 (1) publication in a newspaper calculated to reach prospective bidders; 03 and 04 (2) notices posted in public places within the area where the work is to 05 be performed or the material furnished [; AND 06 (3) NOTICES MAILED TO ALL ACTIVE PROSPECTIVE 07 CONTRACTORS ON THE APPROPRIATE LIST MAINTAINED UNDER 08 AS 36.30.050]. 09 * Sec. 14. AS 36.30.170 is repealed and reenacted to read: 10 Sec. 36.30.170. Contract award after bids. After applying any preferences 11 that apply under AS 36.15.050 and AS 36.30.321 - 36.30.338, a procurement officer 12 shall award a contract based on the solicited bids with reasonable promptness by 13 written notice to the lowest responsible and responsive bidder whose bid conforms in 14 all material respects to the requirements and criteria set out in the invitation to bid. 15 * Sec. 15. AS 36.30.210(b) is amended to read: 16 (b) An offeror for a construction contract shall submit proof [EVIDENCE] of 17 the offeror's registration as a contractor under AS 08.18 before the contract may be 18 awarded. A request for sealed proposals for a construction contract, except a design- 19 build construction contract, must require the offeror, not [NO] later than five working 20 days after the proposal that is the most advantageous to the state is identified, to list 21 subcontractors the offeror proposes to use in the performance of the construction 22 contract. The list must include the information required under AS 36.30.115(a). The 23 provisions of AS 36.30.115(b) - (g) that apply to a construction contractor or an 24 apparent low bidder apply to offerors submitting competitive sealed proposals for 25 construction contracts, except design-build construction contracts. 26 * Sec. 16. AS 36.30.210(e) is amended to read: 27 (e) The offeror shall [MUST] have a valid Alaska business license at the time 28 the contract is awarded. To qualify as an Alaska bidder under AS 36.30.321, an 29 offeror shall have a valid Alaska business license at the time designated [,] in the 30 request for proposals [,] for opening of the proposals. 31 * Sec. 17. AS 36.30 is amended by adding a new section to article 4 to read:
01 Sec. 36.30.290. Electronic bids and proposals. An agency may allow bids or 02 proposals to be submitted in electronic form under AS 09.80 (Uniform Electronic 03 Transactions Act). 04 * Sec. 18. AS 36.30.320(a) is amended to read: 05 (a) A procurement for supplies, services, or professional services that does not 06 exceed an aggregate dollar amount of $100,000 [$50,000], construction that does not 07 exceed an aggregate dollar amount of $200,000 [$100,000], or lease of space that does 08 not exceed 7,000 [3,000] square feet shall [MAY] be made under [IN 09 ACCORDANCE WITH] regulations adopted by the commissioner for small 10 procurements. 11 * Sec. 19. AS 36.30 is amended by adding a new section to article 5 to read: 12 Sec. 36.30.321. Alaska bidder and related preferences. (a) If the bidder or 13 offeror is an Alaska bidder, a five percent preference shall be applied to the price in 14 the bid or proposal. 15 (b) Except as otherwise provided in (d), (e), or (g) of this section, if a bidder 16 or offeror qualifies as an Alaska bidder and is offering services through an 17 employment program, a 15 percent preference shall be applied to the price in the bid 18 or proposal. 19 (c) If a bidder or offeror qualifies as an Alaska bidder and is an Alaska 20 domestic insurer, and if the procurement is for an insurance-related contract, a five 21 percent preference shall be applied to the price in the bid or proposal. 22 (d) A 10 percent preference shall be applied to a price in a bid or proposal if 23 the bidder or offeror qualifies as an Alaska bidder and is a 24 (1) sole proprietorship owned by a person with a disability; 25 (2) partnership under AS 32.06 or AS 32.11 if each of the partners is a 26 person with a disability; 27 (3) limited liability company organized under AS 10.50 if each of the 28 members is a person with a disability; 29 (4) corporation that is wholly owned by individuals, and each of the 30 individuals is a person with a disability; or 31 (5) joint venture that is composed of ventures that qualify under (1) -
01 (4) of this subsection. 02 (e) The division of vocational rehabilitation in the Department of Labor and 03 Workforce Development shall add to its current list of qualified employment programs 04 a list of individuals who qualify as persons with a disability under (d) of this section. 05 To qualify for a preference under (d) of this section, a person must be on the list at the 06 time the bid or proposal is opened. 07 (f) If a bidder or offeror qualifies as an Alaska bidder and is a qualifying 08 entity, a five percent preference shall be applied to the price in the bid or proposal. 09 The preference may not exceed $5,000. In this subsection, 10 (1) "Alaska veteran" means an individual who is both a resident of the 11 state and a veteran; 12 (2) "qualifying entity" means a 13 (A) sole proprietorship owned by an Alaska veteran; 14 (B) partnership under AS 32.06 or AS 32.11 if a majority of the 15 partners are Alaska veterans; 16 (C) limited liability company organized under AS 10.50 if a 17 majority of the members are Alaska veterans; or 18 (D) corporation that is wholly owned by individuals, and a 19 majority of the individuals are Alaska veterans; 20 (3) "veteran" means an individual who 21 (A) served in the 22 (i) armed forces of the United States, including a 23 reserve unit of the United States armed forces; or 24 (ii) Alaska Territorial Guard, the Alaska Army National 25 Guard, the Alaska Air National Guard, or the Alaska Naval Militia; and 26 (B) was separated from service under a condition that was not 27 dishonorable. 28 (g) A bidder or offeror may not receive a preference under both (b) and (d) of 29 this section for the same contract. 30 (h) Except as provided by (j) of this section, this section applies to all 31 insurance contracts involving state money. In this subsection, "state money" has the
01 meaning given in AS 36.30.990, but also includes state grants and reimbursements to 02 municipalities, school districts, and other entities. 03 (i) To qualify for a preference under (b), (d), or (f) of this section, a bidder or 04 offeror must add value by actually performing, controlling, managing, and supervising 05 the services provided, or the bidder or offeror must have sold supplies of the general 06 nature solicited to other state agencies, other governments, or the general public. 07 (j) This section does not apply to solicitations or contracts for lease space 08 under AS 36.30.080, to procurements under AS 36.30.305 - 36.30.310 or, except as 09 provided otherwise by regulation under AS 36.30.320, to small procurements under 10 AS 36.30.320. 11 (k) In this section, "person with a disability" means an individual who 12 (1) has been determined to be permanently disabled by the 13 (A) United States Social Security Administration under 42 14 U.S.C. 423 or 1381 - 1383f (Social Security Act); 15 (B) teachers' retirement system under AS 14.25, the judicial 16 retirement system under AS 22.25, the public employees' retirement system 17 under AS 39.35, or the elected public officers' retirement system under former 18 AS 39.37; 19 (C) Federal Civil Service Retirement System under 5 U.S.C. 20 2107, 3323, and 8331 - 8351; 21 (D) federal employees' retirement system under 5 U.S.C. 8401 22 - 8480; or 23 (E) division of vocational rehabilitation in the Department of 24 Labor and Workforce Development using disability standards under 42 U.S.C. 25 1381 - 1383f (Social Security Act) for eligibility for certain state disability 26 programs; 27 (2) is receiving permanent total disability under AS 23.30 (Alaska 28 Workers' Compensation Act); 29 (3) has been discharged from military service under honorable 30 conditions and is certified by the United States Department of Veterans Affairs as 31 having incurred a 50 percent or greater disability during military service; or
01 (4) has served in the Alaska Territorial Guard and incurred a 50 02 percent or greater disability while serving in the Alaska Territorial Guard. 03 * Sec. 20. AS 36.30.322(a) is amended to read: 04 (a) Only timber, lumber, and manufactured lumber products originating in this 05 state from Alaska forests may be procured by an agency or used in construction 06 projects of an agency unless 07 (1) the manufacturers and suppliers who have notified the 08 commissioner of commerce, community, and economic development of their 09 willingness to manufacture or supply Alaska forest products 10 [(1)] have been given reasonable notice of the forest product needs of 11 the procurement or project; and 12 (2) a manufacturer or supplier who has notified the commissioner 13 of commerce, community, and economic development of its willingness to 14 manufacture or supply Alaska forest products is not the low bidder after all 15 applicable preferences have been applied to the price of the qualifying forest 16 product under AS 36.30.336 [ARE UNABLE TO SUPPLY THE PRODUCTS AT A 17 COST THAT IS WITHIN SEVEN PERCENT OF THE PRICE OFFERED BY A 18 MANUFACTURER OR SUPPLIER OF NON-ALASKA FOREST PRODUCTS]. 19 * Sec. 21. AS 36.30.336 is repealed and reenacted to read: 20 Sec. 36.30.336. Application of preferences. (a) Except as provided in 21 AS 36.15.050(h) and AS 36.30.321(g), the preferences provided in AS 36.15.050 and 22 AS 36.30.321 - 36.30.338 are cumulative. A bidder who would otherwise qualify for 23 preferences under AS 36.30.321 may not be given a preference over another bidder 24 who qualifies for the same preferences. 25 (b) Notwithstanding the other provisions of this chapter, AS 36.30.321 - 26 36.30.338 apply to all procurements subject to this chapter, except as provided in 27 AS 36.15.050(h) and AS 36.30.322(b). 28 * Sec. 22. AS 36.30.655 is amended to read: 29 Sec. 36.30.655. List of persons debarred or suspended [; REMOVAL 30 FROM CONTRACTOR LISTS]. The commissioner shall maintain a list of all 31 persons debarred or suspended from consideration for the award of contracts. [THE
01 COMMISSIONER SHALL REMOVE A PERSON DEBARRED OR SUSPENDED 02 FROM THE LISTS OF CONTRACTORS UNDER AS 36.30.050 FOR THE PERIOD 03 OF DEBARMENT OR SUSPENSION.] 04 * Sec. 23. AS 36.30.990 is amended by adding new paragraphs to read: 05 (25) "Alaska bidder" means a person who 06 (A) holds a current Alaska business license; 07 (B) submits a bid or proposal for goods, services, or 08 construction under the name appearing on the person's current Alaska business 09 license; 10 (C) has maintained a place of business in the state staffed by 11 the bidder or offeror or an employee of the bidder or offeror for a period of six 12 months immediately preceding the date of the bid or proposal; 13 (D) is incorporated or qualified to do business under the laws 14 of the state, is a sole proprietorship and the proprietor is a resident of the state, 15 is a limited liability company organized under AS 10.50 and all members are 16 residents of the state, or is a partnership under former AS 32.05, AS 32.06, or 17 AS 32.11 and all partners are residents of the state; and 18 (E) if a joint venture, is composed entirely of ventures that 19 qualify under (A) - (D) of this paragraph; 20 (26) "in writing" has the meaning given to "written" in this section; 21 (27) "written" means the product of forming characters on paper, other 22 materials, or viewable screens, that can be read, retrieved, and reproduced, including 23 information that is electronically transmitted and stored. 24 * Sec. 24. AS 36.90.049(a) is amended to read: 25 (a) A marine vessel owned by the state shall be maintained and repaired at a 26 shipyard facility located in the state unless the commissioner of the department that 27 operates the marine vessel determines in writing that there is no shipyard facility 28 located in the state that is equipped or qualified to perform the particular maintenance 29 or repair required, or, after taking into consideration the five percent [ALASKA 30 BIDDER] preference under AS 36.30.321(a) [SET OUT IN AS 36.30.170] and the 31 interport differential, that the proposed cost of the maintenance or repair work is
01 unreasonable. A detailed list of the costs and factors considered in calculating the 02 interport differential must be provided to each person who expresses an interest in 03 submitting a bid to perform maintenance or repair work on a marine vessel owned by 04 the state. 05 * Sec. 25. AS 38.35.017(a) is amended to read: 06 (a) Consistent with and in furtherance of the statements of general state policy 07 guiding resource development set out in art. VIII, sec. 1, Constitution of the State of 08 Alaska, that the resources of the state be developed "by making them available for 09 maximum use consistent with the public interest" and in art. VIII, sec. 2, Constitution 10 of the State of Alaska, directing that provision shall be made by the legislature for "the 11 utilization, development, and conservation of all natural resources belonging to the 12 State . . . for the maximum benefit of its people," and consistent with and in 13 furtherance of the general legislative declaration of policy for this chapter set out in 14 AS 38.35.010, it is the policy of this state that the overall strategy for development, 15 use, and control of a pipeline or pipelines to develop the state's substantial North Slope 16 natural gas resources be directed 17 (1) to enhance the standard of living of state residents by 18 (A) ensuring that, in conjunction with out-of-state market 19 driven commercial demand for North Slope natural gas, state residents and 20 businesses will have access, directly or indirectly, to that portion of the gas that 21 will meet the reasonably foreseeable in-state demands for it, including 22 substitution of the North Slope natural gas for depleting gas reserves in 23 Southcentral Alaska in order to maintain a vital domestic and industrial energy 24 source, and ensuring that the pipeline or pipelines for the transportation of 25 North Slope natural gas will be designed and located to be responsive to these 26 requirements; 27 (B) making the maximum contribution to the development of 28 job opportunities in this state by 29 (i) providing direct short-term construction and long- 30 term operation- and maintenance-related employment on the pipeline or 31 pipelines, to the end that the resources be developed with qualified
01 contractors and firms in this state for work to be performed, including 02 the fabrication and installation of required facilities, and that state 03 residents be employed, consistent with law; for purposes of this sub- 04 subparagraph, a person is considered a resident if the person is 05 physically present in the state with the intent to remain in the state 06 indefinitely and has a home in the state, and a contractor or firm is 07 considered as qualified if the contractor or firm qualifies as an Alaska 08 bidder under; in this sub-subparagraph, "Alaska bidder" has the 09 meaning given in AS 36.30.990 [AS 36.30.170(b)]; and 10 (ii) providing necessary support services; and 11 (C) adding significant long-term property value to the tax base 12 of the state and local governments, thereby providing the means to support 13 public education, public health, transportation, and other essential state and 14 local government projects and services; 15 (2) to ensure that the design, location, and construction of a pipeline or 16 pipelines for delivery of North Slope natural gas to North American markets through 17 connection to the North American natural gas pipeline network enhance opportunities 18 for implementing gas deliveries using alternative technologies and the construction of 19 other pipelines to deliver North Slope natural gas to foreign and domestic markets; and 20 (3) to ensure construction of the pipeline or pipelines consistent with 21 careful protection of the state's natural environment, with minimum environmental 22 degradation, to the greatest extent possible, and with protection of fish, wildlife, and 23 biotic resources for the use of persons who depend upon them by using available 24 transportation infrastructure to initiate and complete project construction and 25 maintenance and by avoiding duplication of facilities. 26 * Sec. 26. AS 36.30.050, 36.30.175, 36.30.250(b), and 36.30.335 are repealed. 27 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 TRANSITION: PENDING SOLICITATIONS FOR PROCUREMENTS AND 30 CONTRACTS. (a) This Act does not apply to 31 (1) solicitations for procurement and the resulting contracts, if the solicitations
01 are pending on the effective date of this Act and if the invitation to bid or other solicitation 02 was issued before the effective date of this Act; and 03 (2) procurement contracts entered into before the effective date of this Act, 04 including extensions or amendments of those contracts. 05 (b) Notwithstanding (a) of this section, this Act applies to procurements or contracts 06 described in (a)(1) of this section if all parties to the procurement or contract agree in writing 07 that the applicable provisions of this Act apply to the solicitation or contract. 08 * Sec. 28. This Act takes effect immediately under AS 01.10.070(c).