Section 29.71.040. Procurement preference for state agricultural and fisheries products.

   (a) When agricultural products are purchased by a municipality that receives state money, only agricultural products harvested in the state shall be purchased whenever priced no more than seven percent above products harvested outside the state, available, and of like quality compared with agricultural products harvested outside the state.
   (b) When fisheries products are purchased by a municipality that receives state money, only fisheries products harvested or processed within the jurisdiction of the state shall be purchased whenever priced no more than seven percent above products harvested or processed outside the jurisdiction of the state, available, and of like quality compared with fisheries products harvested or processed outside the jurisdiction of the state.
   (c) A solicitation by a municipality for the purchase of agricultural or fisheries products shall specify the requirement that products harvested in the state shall be used where possible. If a municipality that receives state money purchases agricultural or fisheries products harvested outside the state, the municipal officer responsible for the purchase shall certify in writing the reasons that products harvested in the state were not purchased.
   (d) If a contractor fails to comply with this section, the municipality shall withhold payment until the contractor complies. If a municipality fails to comply with this section, the state department responsible for disbursing state money to the municipality shall withhold the money until the municipality complies.
   (e) An interested party, as defined in AS 36.30.699, may seek administrative or judicial review of the award of a contract in violation of this section.
   (f) Compliance with this section is not required if an exception to this section is mandated for participation in a federal program.
   (g) This section applies to general law and home rule municipalities.
   (h) In this section,
        (1) "agricultural products" includes dairy products, timber and lumber, and products manufactured from timber and lumber;
        (2) [See delayed amendment note].=ro "state money" includes state reimbursement to municipalities for school or related construction, foundation funding for education, municipal assistance, community assistance, revenue sharing, and state funds for capital projects.

Authorities

14.03.085;29.10.200;29.71.050

Notes

Recent Bills that will modify this

SB 210 COMMUNITY REVENUE SHARING/ASSISTANCE

References

AS 14.03.085 Procurement preference for recycled Alaska products.
AS 29.10.200 Limitation of home rule powers.
AS 29.71.050 Procurement preferences for recycled Alaska products.

History

(Sec. 2 ch 64 SLA 1988; am Sec. 12 ch 44 SLA 2016)