00 Enrolled HB 262 01 Exempting the Public Defender Agency and the office of public advocacy from certain 02 provisions of the State Procurement Code; and providing for an effective date. 03 _______________ 04 * Section 1. AS 36.30.015 is amended by adding a new subsection to read: 05 (k) Notwithstanding (d) of this section, the Public Defender Agency and the 06 office of public advocacy are not required to obtain the approval of the attorney 07 general to contract for the services of legal counsel in a matter where the attorney 08 general is an adverse party. 09 * Sec. 2. AS 36.30.305(a) is amended to read: 10 (a) A construction contract under $100,000, or a contract for supplies, 11 services, or professional services, may be awarded without competitive sealed bidding 12 or competitive sealed proposals, in accordance with regulations adopted by the 13 commissioner. A contract may be awarded under this section only when the chief 14 procurement officer determines in writing that a situation exists that makes 01 competitive sealed bidding or competitive sealed proposals impractical or contrary to 02 the public interest, except that the attorney general, the public defender, or the 03 director of the office of public advocacy as provided in AS 36.30.015(k) may make 04 the determination for services of legal counsel, and the commissioner of transportation 05 and public facilities may make the determination for construction contracts under 06 $100,000 or procurements for the state equipment fleet. Procurements under this 07 section shall be made with competition that is practicable under the circumstance. 08 Except for procurements of supplies, services, professional services, or construction 09 that do not exceed the amount for small procurements under AS 36.30.320(a), as 10 applicable, the authority to make a determination required by this section may not be 11 delegated. 12 * Sec. 3. AS 36.30.850(b)(2) is amended to read: 13 (2) contracts for professional witnesses to provide for professional 14 services or testimony relating to 15 (A) existing or probable lawsuits in which the state is or may 16 become a party; or 17 (B) litigation in which the Public Defender Agency or the 18 office of public advocacy has been appointed to represent a person; 19 * Sec. 4. AS 36.30.850(b)(31) is amended to read: 20 (31) contracts that are between the 21 (A) Department of Law and attorneys who are not employed by 22 the state and that are for the review or prosecution of possible violations of the 23 criminal law of the state in situations where the attorney general concludes that 24 an actual or potential conflict of interest makes it inappropriate for the 25 Department of Law to review or prosecute the possible violations; and 26 (B) Public Defender Agency or the office of public advocacy 27 and attorneys who are not employed by the state and that are for the 28 review or defense of possible violations of the criminal law of the state in 29 situations where the public defender or the director of the office of public 30 advocacy concludes that an actual or potential conflict of interest makes it 31 inappropriate for the Public Defender Agency or the office of public 01 advocacy to review or defend the possible violations; 02 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).