Section 36.15.050. Use of local agricultural and fisheries products required in purchases with state money.

   (a) When agricultural products are purchased by the state or by a school district that receives state money, a seven percent preference shall be applied to the price of the products harvested in the state.
   (b) When fisheries products are purchased by the state or by a school district that receives state money, a seven percent preference shall be applied to the price of the products harvested or processed within the jurisdiction of the state.
   (c) A solicitation for the purchase of agricultural or fisheries products shall specify the requirement that products harvested in the state shall be used where possible. If the state or a school district that receives state money purchases agricultural or fisheries products harvested outside the state, the 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 purchasing agency shall withhold payment until the contractor complies. If a school district fails to comply with this section, the department responsible for disbursing state money to the school district shall withhold the money until the school district 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) A bidder receiving a preference under this section may not receive a preference under AS 36.30.322.
   (h) In this section,
        (1) "agricultural products" includes dairy products, timber and lumber, and products manufactured in the state from timber and lumber;
        (2) "school district" includes a regional educational attendance area established under AS 14.08;
        (3) [See delayed amendment note]. =ro "state money" includes state reimbursement to school districts 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;36.15.060;36.30.170;36.30.333;36.30.336

Notes

Recent Bills that will modify this

SB 210 COMMUNITY REVENUE SHARING/ASSISTANCE

Implemented As

3 AAC 92.080

References

3 AAC 92.080
AS 14.03.085 Procurement preference for recycled Alaska products.
AS 36.15.060 Insertion of clause in calls for bids and in contracts.
AS 36.30.170 Contract award after bids.
AS 36.30.333 Procurement of paper.
AS 36.30.336 Application of preferences.

History

(Sec. 1 ch 16 SLA 1986; am Sec. 1, 2 ch 62 SLA 1987; am Sec. 3 - 7 ch 64 SLA 1988; am Sec. 2 - 4 ch 59 SLA 2013; am Sec. 15 ch 44 SLA 2016)