00HOUSE BILL NO. 314                                                                                                    
01 "An Act clarifying the requirements for limited liability companies and                                                 
02 partnerships to qualify for the Alaska bidder's and disability preferences under                                        
03 the State Procurement Code; and providing for an effective date."                                                       
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
05    * Section 1.  AS 36.30.170(b)is amended to read:                                                                   
06  (b)  The procurement officer shall award a contract based on solicited bids to                                        
07 the lowest responsive and responsible bidder after an Alaska bidder preference of five                                  
08 percent,  an Alaska products preference as described in AS 36.30.322 - 36.30.338, and                                   
09 a recycled products preference under AS 36.30.337 have been applied.  In this                                           
10 subsection, "Alaska bidder" means a person who                                                                          
11   (1)  holds a current Alaska business license;                                                                        
12   (2) submits a bid for goods, services, or construction under the name as                                             
13 appearing on the person's current Alaska business license;                                                              
14   (3)  has maintained a place of business within the state staffed by the                                              

01 bidder or an employee of the bidder for a period of six months immediately preceding                                    
02 the date of the bid;                                                                                                    
03   (4)  is incorporated or qualified to do business under the laws of the                                               
04 state, is a sole proprietorship and the proprietor is a resident of the state,  is a limited                           
05 liability company organized under AS 10.50 and all managing directors are                                               
06 residents of the state,  or is a partnership  under AS 32.05 or AS 32.11  and all                                    
07 partners are residents of the state; and                                                                                
08   (5)  if a joint venture, is composed entirely of ventures that qualify                                               
09 under (1) - (4) of this subsection.                                                                                     
10    * Sec. 2.  AS 36.30.170(e) is amended to read:                                                                     
11  (e)  If a bidder qualifies under (b) of this section as an Alaska bidder, is a                                        
12 qualifying entity, and is the lowest responsible and responsive bidder with a bid that                                  
13 is not more than 10 percent higher than the lowest bid, the procurement officer shall                                   
14 award the contract to that bidder.  This subsection does not give a bidder who would                                    
15 otherwise qualify for a preference under this subsection a preference over another                                      
16 bidder who would otherwise qualify for a preference under this subsection or (f) of this                                
17 section.  In this subsection, "qualifying entity" means a                                                               
18   (1)  sole proprietorship owned by a person with a disability;                                                        
19   (2)  partnership  under AS 32.05 or AS 32.11  if each of the partners is                                           
20 a person with a disability; [OR]                                                                                        
21   (3)  limited liability company organized under AS 10.50 if each of                                                  
22 the managing directors is a person with a disability; or                                                               
23   (4)  corporation that is wholly owned by individuals and each of the                                                 
24 individuals is a person with a disability.                                                                              
25    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).