00                             HOUSE BILL NO. 24                                                                          
01 "An Act relating to the procurement of architectural, engineering, or land surveying                                    
02 services under state-funded contracts."                                                                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 36.90 is amended by adding a new section to article 2 to read:                                     
05            Sec. 36.90.110. Procurement of architectural, engineering, or land                                         
06       surveying state-funded contracts. (a) If a contracting person procures architectural,                           
07       engineering, or land surveying services for a state-funded contract, the contracting                              
08       person shall, when selecting the contractor, negotiate with the most qualified and                                
09       suitable professional person of demonstrated competence to perform the services. The                              
10       contracting person shall award the contract for those services at fair and reasonable                             
11       compensation as determined by the contracting person after consideration of the                                   
12       estimated value of the services to be rendered and the scope, complexity, and                                     
13       professional nature of the services. When determining the most qualified and suitable                             
14       professional person to be awarded the contract, the contracting person shall consider                             

01       the proximity to the project site of the office of the professional person unless federal                         
02       law prohibits this factor from being considered in the awarding of the contract.                                  
03            (b)  If negotiations with the most qualified and suitable professional person                                
04       under (a) of this section are not successful, the contracting person shall negotiate a                            
05       contract with other qualified professional persons of demonstrated competence, in                                 
06       order of the ranking of the proposals by the contracting person.                                                  
07            (c)  The contracting person may reject all or part of a proposal submitted under                             
08       this section.                                                                                                     
09            (d)  This section does not apply to contracts awarded in a situation of public                               
10       necessity if the contracting person certifies in writing that a situation of public                               
11       necessity exists.                                                                                                 
12            (e)  Notwithstanding the other provisions of this section, a contracting person                              
13       may include price as an added factor in selecting architectural, engineering, or land                             
14       surveying services when, in the judgment of the contracting person, the services                                  
15       required are repetitious in nature, and the scope, nature, and amount of services                                 
16       required are thoroughly defined by measurable and objective standards to enable                                   
17       professional persons making proposals to compete with a clear understanding and                                   
18       interpretation of the services required. In order for the contracting person to include                           
19       price as a factor in selection, a majority of the persons involved by the contracting                             
20       person in evaluation of the proposals shall be registered in the state to perform                                 
21       architectural, engineering, or land surveying services.                                                           
22            (f)  This section does not apply to a contract that incorporates both design                                 
23       services and construction.                                                                                        
24            (g)  In this section,                                                                                        
25                 (1)  "contracting person" means a grant recipient, a municipality, and a                                
26       school district that procures services for a state-funded contract; in this paragraph,                            
27                      (A)  "grant recipient" means a grant recipient under                                               
28            AS 37.05.315 - 37.05.317;                                                                                    
29                      (B)  "school district" means a borough school district, a city                                     
30            school district, or a regional educational attendance area;                                                  
31                 (2)  "professional person" means a person who provides architectural,                                   

01       engineering, or land surveying services;                                                                          
02                 (3)  "state-funded" means paid for entirely or partially by money                                       
03       received from the state government.