HB 24: "An Act relating to a public procurement preference for Alaska veterans."

00 HOUSE BILL NO. 24 01 "An Act relating to a public procurement preference for Alaska veterans." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 36.30.170(a) is amended to read: 04 (a) Except as provided in AS 36.30.175 and (b) - (h) of this section, the 05 procurement officer shall award a contract based on the solicited bids with reasonable 06 promptness by written notice to the lowest responsible and responsive bidder whose 07 bid conforms in all material respects to the requirements and criteria set out in the 08 invitation to bid. 09 * Sec. 2. AS 36.30 is amended by adding a new section to read: 10 Sec. 36.30.175. Alaska veterans' preference. (a) Notwithstanding a provision 11 in AS 36.30.170 to the contrary, if a bidder qualifies under AS 36.30.170(b) as an 12 Alaska bidder, is a qualifying entity, is on the register established under (d) of this 13 section, and is the lowest responsible and responsive bidder with a bid that is not more 14 than 10 percent higher than the lowest bid, the procurement officer shall award the 15 contract to that bidder. In this subsection, "qualifying entity" means a

01 (1) sole proprietorship owned by an Alaska veteran; 02 (2) partnership under AS 32.06 or AS 32.11 if a majority of the 03 partners are Alaska veterans; 04 (3) limited liability company organized under AS 10.50 if a majority of 05 the members are Alaska veterans; or 06 (4) corporation that is wholly owned by individuals and a majority of 07 the individuals are Alaska veterans. 08 (b) A preference under this section is in addition to any other preference for 09 which the bidder qualifies. 10 (c) To qualify for a preference under this section, a bidder must add value by 11 the bidder itself actually performing, controlling, managing, and supervising a 12 significant part of the services provided, or the bidder must have sold supplies of the 13 general nature solicited to other state agencies, governments, or the general public. 14 (d) The department shall establish a register of individuals who qualify under 15 this section as Alaska veterans. 16 (e) In this section, "Alaska veteran" means an individual who is a 17 (1) resident of this state; and 18 (2) veteran; in this paragraph, "veteran" means an individual who 19 (A) served in the 20 (i) armed forces of the United States, including a reserve unit 21 of the United States armed forces; or 22 (ii) Alaska Territorial Guard, the Alaska Army National 23 Guard, the Alaska Air National Guard, or the Alaska Naval Militia; and 24 (B) was separated from service under a condition that was not 25 dishonorable. 26 * Sec. 3. AS 36.30.250(b) is amended to read: 27 (b) In determining whether a proposal is advantageous to the state, the 28 procurement officer shall take into account, in accordance with regulations of the 29 commissioner, whether the offeror qualifies as an Alaska bidder under 30 AS 36.30.170(b), is offering the service of an employment program, or qualifies for a 31 preference under AS 36.30.170(e) or (f) or 36.30.175. 32 * Sec. 4. AS 36.30.335 is amended to read:

01 Sec. 36.30.335. Relationship to other product preferences. This chapter 02 does not modify AS 36.15.010 and 36.15.020 regarding preference for Alaska forest 03 products, or AS 36.15.050 and 36.15.060 regarding preference for Alaska agricultural 04 and fisheries products, except as provided in AS 36.30.170(b), (c), (e) - (h), 36.30.175, 05 and 36.30.337.