Legislature(2005 - 2006)HOUSE FINANCE 519

04/27/2005 01:30 PM House FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation hearing: TELECONFERENCED
Mental Health Trust Authority
+ HB 257 STATE PROCUREMENT ELECTRONIC TOOLS TELECONFERENCED
Moved CSHB 257(JUD) Out of Committee
+ HB 243 REG. COST CHARGES: UTILITIES/PIPELINES TELECONFERENCED
Heard & Held
+ SB 103 OIL & GAS: REG. OF UNDERGROUND INJECTION TELECONFERENCED
Scheduled But Not Heard
+ HB 218 PRIVATE HATCHERY COST RECOVERY FISHERIES TELECONFERENCED
Heard & Held
+ HB 279 OUTDOOR ADVERTISING; ENCROACHMENTS TELECONFERENCED
Moved CSHB 279(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 67 CLAIMS AGAINST HEALTH CARE PROVIDERS TELECONFERENCED
Moved HCS CSSB 67(FIN) Out of Committee
+= HB 13 SCHOOL CONSTRUCTION BOND REIMBURSEMENT TELECONFERENCED
Moved CSHB 13(FIN) Out of Committee
+= HB 53 CHILDREN IN NEED OF AID/REVIEW PANELS TELECONFERENCED
Moved CSSSHB 53(FIN) Out of Committee
HOUSE BILL NO. 257                                                                                                            
                                                                                                                                
     "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."                                                                                                           
                                                                                                                                
KEVIN    BROOKS,   DEPUTY    COMMISSIONER,   DEPARTMENT    OF                                                                   
ADMINISTRATION,   provided    a   brief   overview   of   the                                                                   
legislation. House  Bill 313, which introduced  a procurement                                                                   
pilot  program, was  authorized  by the  legislature  several                                                                   
years  previously. The  first year  was spent  to set  up the                                                                   
pilot.  A pilot program  was  set up with  the Department  of                                                                   
Transportation and Public Facilities,  Southeast Region and a                                                                   
private contractor  (Alaska Supply Chain  Integrators). House                                                                   
Bill 257  would extend  the sunset  date for the  procurement                                                                   
pilot  program to  June 30,  2007.  Bidder preferences  would                                                                   
also  be  brought  into  statute. He  pointed  out  that  the                                                                   
process  is  in   the  early  stages.  There   has  not  been                                                                   
sufficient   time   to  demonstrate   if   privatization   of                                                                   
procurement process would result in a savings.                                                                                  
                                                                                                                                
Representative  Weyhrauch   observed  that   the  contractor,                                                                   
Alaska  Supply Chain  Integrators,  does not  have to  follow                                                                   
state procurement  codes and questioned why  have procurement                                                                   
codes  if the  contractor does  not  have to  follow it.  Mr.                                                                   
Brooks stressed  that the intent  of the procurement  code is                                                                   
to  give entities  in competition  for state  dollars a  fair                                                                   
chance at winning  awards. The Administration  feels that the                                                                   
procurement  code  is a  valid  and  useful tool  [for  state                                                                   
government]. He  could not address  why the procurement  code                                                                   
was not included in the legislation.                                                                                            
                                                                                                                                
Representative  Weyhrauch  referred  to A.S.  36.30.180:  The                                                                   
legislature finds  that there exists in the  state continuing                                                                   
high unemployment, underutilization  of resident construction                                                                   
and supply firms,  and high costs unfavorable  to the welfare                                                                   
of Alaskans  and  to the economic  health  of the state.  The                                                                   
purpose  of bidder  preference  for resident  firms when  the                                                                   
state  acts as  a market  participant is  to encourage  local                                                                   
industry,  strengthen  and stabilize  the  economy,  decrease                                                                   
unemployment, and strengthen  the tax and revenue base of the                                                                   
state. Mr. Brooks noted that  the intent of the pilot project                                                                   
is to analyze the process.                                                                                                      
                                                                                                                                
2:56:58 PM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch   questioned  if   the  information                                                                   
should be present before the  program is expanded. Mr. Brooks                                                                   
clarified that the legislation  would not expand the program;                                                                   
the program  would  only be extended  by one  year. The  bill                                                                   
does not expand the program beyond original concept.                                                                            
                                                                                                                                
2:57:31 PM                                                                                                                    
                                                                                                                                
Representative Joule spoke of  a legal review contract by the                                                                   
employee's review union. He thought  the program was found to                                                                   
be discriminatory.  Mr. Brooks did  not know. He  referred to                                                                   
Line 10, Page 1, and noted that  the statutory cite should be                                                                   
changed from "A.S. 36.30.100 -  36.30.190" to "A.S. 36.30.100                                                                   
- 36.30.265."  This would include  both sealed  proposals and                                                                   
bids.                                                                                                                           
                                                                                                                                
2:59:29 PM                                                                                                                    
                                                                                                                                
SCOTT  HAWKINS,  GENERAL MANAGER  MATERIAL  SERVICES,  ALASKA                                                                   
SUPPLY CHAIN INTEGRATORS (ASCI),  ANCHORAGE, provided a brief                                                                   
history  of the  company  and its  perspective  as a  program                                                                   
operator  and specialist  firm. He emphasized  that ASCI  has                                                                   
the  tools and  specialties to  make  advantages and  achieve                                                                   
meaningful reductions. He noted  that they are operating with                                                                   
six  people,  where the  state  used  10. He  addressed  cost                                                                   
savings  and  pointed  out  the  advantage  of  consolidating                                                                   
purchasing for  state agencies,  which would allow  the state                                                                   
to  go  to  market  and  achieve   better  arrangements.  The                                                                   
legislation  can  accomplish its  goals,  driven  in part  by                                                                   
computer   automation,  made   possible  by  using   computer                                                                   
automation  and   contracting  out  non-core   business.  The                                                                   
program  shifts  funds  from  overhead  functions  to  direct                                                                   
program  outcomes.  The  state   recently  issued  its  first                                                                   
Internet  order and  has  begun to  order  from catalogs.  He                                                                   
acknowledged that change is not easy.                                                                                           
                                                                                                                                
Representative Croft  asked if there have been  cost savings.                                                                   
Mr. Hawkins responded that there  are start up costs that are                                                                   
shared. The contract  is a fixed price contract  and provides                                                                   
a $160 thousand improvement in the cost of personnel.                                                                           
                                                                                                                                
3:06:08 PM                                                                                                                    
                                                                                                                                
Mr.  Hawkins noted  that  the vast  majority  is for  smaller                                                                   
purchases.  Representative Croft  questioned  where the  cost                                                                   
savings are coming  from. Mr. Hawkins responded  that initial                                                                   
cost  savings occur  through  personnel and  the  use of  web                                                                   
tools. Automation of the order  delivery process accounts for                                                                   
much of the  initial savings. He stressed that  as orders are                                                                   
placed through the catalog, better prices can be obtained.                                                                      
                                                                                                                                
3:08:01 PM                                                                                                                    
                                                                                                                                
Representative Croft  asked if the program had  the effect of                                                                   
shifting   purchases  to  outside   suppliers.  Mr.   Hawkins                                                                   
responded  that  the  program  would  not  shift  to  outside                                                                   
vendors. The  program does not  change the vendors;  it makes                                                                   
the ordering process  quicker and more efficient.  The agenda                                                                   
is to encourage the Alaskan process.                                                                                            
                                                                                                                                
3:09:55 PM                                                                                                                    
                                                                                                                                
Representative Croft noted that  the initial savings are from                                                                   
the  paper system.  He noted  that  the use  of market  power                                                                   
would pressure  vendors to lower their prices  and questioned                                                                   
if  local  suppliers  will  have to  lower  their  prices  to                                                                   
respond  to that  pressure. Mr.  Hawkins did  not think  that                                                                   
there  was anything  inherent in  volume accumulation,  which                                                                   
would disadvantage Alaskan vendors.                                                                                             
                                                                                                                                
3:11:37 PM                                                                                                                    
                                                                                                                                
Representative  Holm disagreed.  He pointed  out that  larger                                                                   
quantities allow  vendors to  reduce their freight  rates. He                                                                   
expressed  concerned that  it  would be  difficult for  local                                                                   
businesses to compete against  catalog companies. He referred                                                                   
to   vendor  kickbacks.   He  wanted   more  assurances   and                                                                   
sideboards.                                                                                                                     
                                                                                                                                
3:14:19 PM                                                                                                                    
                                                                                                                                
Mr.  Hawkins  emphasized  that  the  state  of  Alaska  would                                                                   
benefit  from  any  "kickbacks".  He  observed  that  Alaskan                                                                   
suppliers are often better off,  in that they have experience                                                                   
in calculating freight costs.                                                                                                   
                                                                                                                                
3:16:59 PM                                                                                                                    
                                                                                                                                
Representative Holm reiterated  that freight is a big concern                                                                   
and  is a  disadvantage for  Alaskan  companies. He  observed                                                                   
that Home Depot has the ability  to spread freight costs over                                                                   
all their stores.  He maintained that large  box stores could                                                                   
destroy small  businesses. He  wondered how small  businesses                                                                   
would be affected. He asked why  state procurement codes were                                                                   
not followed.                                                                                                                   
                                                                                                                                
Mr.  Hawkins explained  that  the legislation  exempted  them                                                                   
from the  procurement  codes. He explained  that they  follow                                                                   
the  contract  terms,  which  are astringent  rules  and  are                                                                   
effectively  their procurement  code.  He  recalled that  the                                                                   
decision was  made to exempt  them from the  procurement code                                                                   
because it was  too difficult to rewrite [the  codes into the                                                                   
contract]  in a way  that would  apply to current  practices.                                                                   
Representative Holm  urged him to not adversely  impact small                                                                   
businesses.  Mr. Hawkins noted  that their contract  requires                                                                   
them to be pro-Alaskan.                                                                                                         
                                                                                                                                
3:21:17 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch  asked what the start-up  costs are.                                                                   
Mr.  Hawkins   listed  several  of  their  start   up  costs:                                                                   
developing a  5,000-item catalog  and integrating  web tools.                                                                   
Representative  Weyhrauch  asked  the  state's share  of  the                                                                   
cost. Mr.  Hawkins noted  that the  total startup  costs were                                                                   
$180 thousand, of which the state paid $60,000.                                                                                 
                                                                                                                                
3:22:18 PM                                                                                                                    
                                                                                                                                
In  response  to  a question  by  Representative  Kelly,  Mr.                                                                   
Hawkins  explained   that  the  original  bill   allowed  the                                                                   
Administration to  extend the program to other  agencies, the                                                                   
current  version   only  extends  the  program   a  year.  He                                                                   
emphasized  that this  type of  change  is difficult  because                                                                   
there  is  natural   opposition.  He  clarified   that  their                                                                   
contract  expires in  14 months. The  legislation allows  the                                                                   
Administration to negotiate an extension.                                                                                       
                                                                                                                                
3:23:47 PM                                                                                                                    
                                                                                                                                
LARRY HOWE, GENERAL MANAGER, ALLIANCE,  encouraged support of                                                                   
the  bill.   He  maintained  that   the  pilot   program  has                                                                   
demonstrated efficiencies  and that  the cost savings  can be                                                                   
achieved in other areas.                                                                                                        
                                                                                                                                
Representative Weyhrauch  asked if Mr. Howe  had reviewed any                                                                   
reports, which demonstrate the  economic benefits seen in the                                                                   
cost analysis.  Mr.  Howe replied  that he  had seen a  power                                                                   
point  presentation  by ASCI  that  showed $163  thousand  in                                                                   
savings.                                                                                                                        
                                                                                                                                
3:25:52 PM                                                                                                                    
                                                                                                                                
LYNN    JOHNSON,   PRESIDENT,    DOWLAND-BACH    CORPORATION,                                                                   
ANCHORAGE,  testified  in  favor   of  HB  257.  His  company                                                                   
competes daily with outside firms.  He emphasized the ability                                                                   
of e-commerce to lower the state of Alaska's costs.                                                                             
                                                                                                                                
3:27:37 PM                                                                                                                    
                                                                                                                                
Representative Foster  MOVED to REPORT CSHB 257  (JUD) out of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal  notes. There being NO OBJECTION,  it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSHB  257 (JUD)  was REPORTED  out  of Committee  with a  "no                                                                   
recommendation"  recommendation and  with zero fiscal  impact                                                                   
note #1  by the Alaska Court  System, and with  indeterminate                                                                   
note #2 by the Department of Administration.                                                                                    
                                                                                                                                
3:28:44 PM                                                                                                                    
                                                                                                                                
At ease.                                                                                                                        
                                                                                                                                
3:36:35 PM                                                                                                                    
                                                                                                                                

Document Name Date/Time Subjects