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SB 220: "An Act clarifying the requirements for limited liability companies and partnerships to qualify for the Alaska bidder's and disability preferences under the State Procurement Code; and providing for an effective date."

00SENATE BILL NO. 220 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).