- Alaska Statutes.
- Title 36. Public Contracts
- Chapter 30. State Procurement Code
- Section 321. Alaska bidder and related preferences.
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Section 321. Alaska bidder and related preferences.
- (a) If the bidder or offeror is an Alaska bidder, a five percent preference shall be applied to the price in the bid or proposal.
- (b) Except as otherwise provided in (d), (e), or (g) of this section, if a bidder or offeror qualifies as an Alaska bidder and is offering services through an employment program, a 15 percent preference shall be applied to the price in the bid or proposal.
- (c) If a bidder or offeror qualifies as an Alaska bidder and is an Alaska domestic insurer, and if the procurement is for an insurance-related contract, a five percent preference shall be applied to the price in the bid or proposal.
- (d) A 10 percent preference shall be applied to a price in a bid or proposal if the bidder or offeror qualifies as an Alaska bidder and is a
(1) sole proprietorship owned by a person with a disability;
(2) partnership under AS 32.06 or AS 32.11 if each of the partners is a person with a disability;
(3) limited liability company organized under AS 10.50 if each of the members is a person with a disability;
(4) corporation that is wholly owned by individuals, and each of the individuals is a person with a disability; or
(5) joint venture that is composed of ventures that qualify under (1) - (4) of this subsection.
- (e) The division of vocational rehabilitation in the Department of Labor and Workforce Development shall add to its current list of qualified employment programs a list of individuals who qualify as persons with a disability under (d) of this section. To qualify for a preference under (d) of this section, a person must be on the list at the time the bid or proposal is opened.
- (f) If a bidder or offeror qualifies as an Alaska bidder and is a qualifying entity, a five percent preference shall be applied to the price in the bid or proposal. The preference may not exceed $5,000. In this subsection,
(1) "Alaska veteran" means an individual who is both a resident of the state and a veteran;
(2) "qualifying entity" means a
(A) sole proprietorship owned by an Alaska veteran;
(B) partnership under AS 32.06 or AS 32.11 if a majority of the partners are Alaska veterans;
(C) limited liability company organized under AS 10.50 if a majority of the members are Alaska veterans; or
(D) corporation that is wholly owned by individuals, and a majority of the individuals are Alaska veterans;
(3) "veteran" means an individual who
(A) served in the
(i) armed forces of the United States, including a reserve unit of the United States armed forces; or
(ii) Alaska Territorial Guard, the Alaska Army National Guard, the Alaska Air National Guard, or the Alaska Naval Militia; and
(B) was separated from service under a condition that was not dishonorable.
- (g) A bidder or offeror may not receive a preference under both (b) and (d) of this section for the same contract.
- (h) Except as provided by (j) of this section, this section applies to all insurance contracts involving state money. In this subsection, "state money" has the meaning given in AS 36.30.990, but also includes state grants and reimbursements to municipalities, school districts, and other entities.
- (i) To qualify for a preference under (b), (d), or (f) of this section, a bidder or offeror must add value by actually performing, controlling, managing, and supervising the services provided, or the bidder or offeror must have sold supplies of the general nature solicited to other state agencies, other governments, or the general public.
- (j) This section does not apply to solicitations or contracts for lease space under AS 36.30.080, to procurements under AS 36.30.305 - 36.30.310 or, except as provided otherwise by regulation under AS 36.30.320, to small procurements under AS 36.30.320.
- (k) In this section, "person with a disability" means an individual who
(1) has been determined to be permanently disabled by the
(A) United States Social Security Administration under 42 U.S.C. 423 or 1381 - 1383f (Social Security Act);
(B) teachers' retirement system under AS 14.25, the judicial retirement system under AS 22.25, the public employees' retirement system under AS 39.35, or the elected public officers' retirement system under former AS 39.37;
(C) Federal Civil Service Retirement System under 5 U.S.C. 2107, 3323, and 8331 - 8351;
(D) federal employees' retirement system under 5 U.S.C. 8401 - 8480; or
(E) division of vocational rehabilitation in the Department of Labor and Workforce Development using disability standards under 42 U.S.C. 1381 - 1383f (Social Security Act) for eligibility for certain state disability programs;
(2) is receiving permanent total disability under AS 23.30 (Alaska Workers' Compensation Act);
(3) has been discharged from military service under honorable conditions and is certified by the United States Department of Veterans Affairs as having incurred a 50 percent or greater disability during military service; or
(4) has served in the Alaska Territorial Guard and incurred a 50 percent or greater disability while serving in the Alaska Territorial Guard.
Article 05. PREFERENCES
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