00CS FOR SENATE BILL NO. 220(FIN)                                                                                       
01 "An Act relating to the requirements for partnerships and limited liability                                             
02 companies to qualify for the Alaska bidder preference and a certain disability                                          
03 preference under the State Procurement Code; and providing for an effective                                             
04 date."                                                                                                                  
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
06    * Section 1.  AS 36.30.170(b) is amended to read:                                                                  
07  (b)  The procurement officer shall award a contract based on solicited bids to                                        
08 the lowest responsive and responsible bidder after an Alaska bidder preference of five                                  
09 percent,  an Alaska products preference as described in AS 36.30.322 - 36.30.338, and                                   
10 a recycled products preference under AS 36.30.337 have been applied.  In this                                           
11 subsection, "Alaska bidder" means a person who                                                                          
12   (1)  holds a current Alaska business license;                                                                        
13   (2)  submits a bid for goods, services, or construction under the name                                               
14 as appearing on the person's current Alaska business license;                                                           

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