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Alaska Resident Bidder Preference
Revised August 14, 2024
Alaska Statutes
Title 29. Municipal Government
Chapter 71. General Provisions
§ 29.71.040. Procurement preferences for state agricultural and fisheries products
(a) If a municipality that receives state money seeks to purchase an agricultural product and an agricultural product harvested in the state is available that is of like quality compared with a similar agricultural product harvested outside the state, the municipality
(1) shall purchase the product harvested in the state if the product is priced not more than seven percent above the similar product harvested outside the state;
(2) may purchase the product harvested in the state only if the product is priced not more than 15 percent above the similar product harvested outside the state.
(b) If a municipality that receives state money seeks to purchase a fisheries product and a fisheries product harvested or processed within the jurisdiction of the state is available that is of like quality compared with a similar fisheries product harvested or processed outside the jurisdiction of the state, the municipality
(1) shall purchase the product harvested or processed within the jurisdiction of the state if the product is priced not more than seven percent above the similar product harvested or processed outside the jurisdiction of the state;
(2) may purchase the product harvested or processed in the jurisdiction of the state only if the product is priced not more than 15 percent above the product harvested or processed outside the jurisdiction of the state.
(h) In this section,
(1) “agricultural products” includes dairy products, timber and lumber, and products manufactured from timber and lumber;
§29.71.050 Procurement preferences for recycled Alaska products
(a) Alaska recycled products shall be used in municipal procurements when the products are of comparable quality, of equivalent price, and appropriate for the intended use.
(b) Unless the procurement is governed by AS 29.71.040, in the evaluation of a bid or proposal for a procurement by a municipality, if a bid or proposal designates the use of recycled Alaska products for the products identified in the contract specifications, and if the recycled Alaska products meet the contract specifications, the bid or offer shall be decreased by the percentage of preference given to the recycled Alaska products under AS 36.30.332.
Alaska Statutes
Title 35. Public Buildings, Works, And Improvements
Chapter 27. Art Works in Public Buildings and Facilities
§ 35.27.20 . Art requirements for public buildings and facilities
(a) A building or facility constructed after June 30, 1975, or remodeled or renovated after June 30, 1975, shall include works of art, including but not limited to sculptures, paintings, murals or objects relating to Native art.
(d) A building or facility with an estimated construction cost of less than $250,000 is exempt from the requirements of this chapter unless inclusion of works of art in the design and construction of the building or facility is specifically authorized by the department.
(g) The architect, superintendent, department, and the Alaska State Council on the Arts shall encourage the use of state cultural resources in these art works and the selection of Alaska resident artists for the commission of these art works.
Alaska Statutes
Title 36. Public Contracts
Chapter 15. Alaska Product Preferences
Article 1. Forest Products Preference
§ 36.15.010 . Use of local forest products required in projects financed by public money
In a project financed by state money in which the use of timber, lumber, and manufactured lumber products is required, only timber, lumber, and manufactured lumber products originating in this state from local forests shall be used wherever practicable.
Article 2. Agricultural and Fisheries Products Preference
§ 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 preference not less than seven percent nor more than 15 percent shall be applied to the price of products harvested in the state.
(b) When fisheries products are purchased by the state or by a school district that receives state money, a preference not less than seven percent nor more than 15 percent shall be applied to the price of products harvested or processed within the jurisdiction of the state.
(h) In this section,
(1) “agricultural products” includes dairy products, timber and lumber, and products manufactured from timber and lumber;
Alaska Statutes
Title 36. Public Contracts
Chapter 30. State Procurement Code
Article 5. Preferences
§ 36.30.321 . 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.
(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.
(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 .
§ 36.30.322 . Use of local forest products
(a) Only timber, lumber, and manufactured lumber products originating in this state from Alaska forests may be procured by an agency or used in construction projects of an agency unless:
(1) the manufacturers and suppliers who have notified the commissioner of commerce, community, and economic development of their willingness to manufacture or supply Alaska forest products have been given reasonable notice of the forest product needs of the procurement or project; and
(2) a manufacturer or supplier who has notified the commissioner of commerce, community, and economic development of its willingness to manufacture or supply Alaska forest products is not the low bidder after all applicable preferences have been applied to the price of the qualifying forest product under AS 36.30.336.
(b) The provisions of AS 36.30.326 --36.30.332 do not apply to procurements of timber, lumber, and manufactured lumber products or the use of those items in construction projects of an agency.
§ 36.30.324 . Use of Alaska products and recycled Alaska products
Alaska products shall be used whenever practicable in procurements for an agency. Recycled Alaska products shall be used when they are of comparable quality, of equivalent price, and appropriate for the intended use.
§ 36.30.328 . Grant of Alaska products preference
In the evaluation of a bid or proposal for a procurement for an agency, a bid or offer that designates the use of Alaska products identified in the contract specifications and designated as Class I, Class II, or Class III state products under AS 36.30.332 is decreased by the percentage of the value of the designated Alaska products under AS 36.30.332.
§ 36.30.332 . Classification of Alaska products
(b) Materials and supplies with value added in the state that are
(1) more than 25 percent and less than 50 percent produced or manufactured in the state are Class I products;
(2) 50 percent or more and less than 75 percent produced or manufactured in the state are Class II products; and
(3) 75 percent or more produced or manufactured in the state are Class III products.
(c) In a bid or proposal evaluation a
(1) Class I product is given a three percent preference;
(2) Class II product is given a five percent preference;
(3) Class III product is given a seven percent preference.
§ 36.30.336 . Application of preferences
(a) Except as provided in AS 36.15.050(g) and AS 36.30.321(g), the preferences provided in AS 36.15.050 and AS 36.30.321 — 36.30.338 are cumulative. A bidder who would otherwise qualify for preferences under AS 36.30.321 may not be given a preference over another bidder who qualifies for the same preferences.
(b) Notwithstanding the other provisions of this chapter, AS 36.30.321 — 36.30.338 apply to all procurements subject to this chapter, except as provided in AS 36.15.050(h) and AS 36.30.322(b).
Title 2. Administration
Chapter 12. Procurement
Article 4. Competitive Sealed Proposals
2 AAC 12.260. Evaluation of proposals.
(d) For the purposes of evaluating price, the proposed price of an offeror who qualifies as an Alaska bidder under AS 36.30.990(2) shall be reduced by five percent. All other applicable preferences must be applied. This subsection does not apply to solicitations or contracts for lease space under AS 36.30.080.
(e) If a numerical rating system is used, an Alaska offeror's preference of at least 10 percent of the total possible value of the rating system must be assigned to a proposal of an offeror who qualifies as an Alaska bidder under AS 36.30.990( 2). This subsection does not apply to solicitations or contracts for lease space under AS 36.30.080 .