HB 24: "An Act relating to the procurement of architectural, engineering, or land surveying services under state-funded contracts."

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.