|
Alaska
State Statutes, Relevant Sections: Title 15, Elections, Chapter 15.13, State
Election Laws; Title 24, Legislature, Chapter 24.45, Regulation of Lobbying;
Chapter 24.60, Standards of Conduct; Title 36, Public Contracts, Chapter
36.30, State Procurement Code; Title 39, Public Officers, Chapter 39.52,
Alaska Executive Branch Ethics Act, 2006 Vendor
registration is not required to do business with the State of Division of General
Services When
general services receives a completed bidders list application and evidence
of a valid The
department of administration, division of general services is the central
purchaser of supplies and services for the executive branch of state
government. The department of transportation and public facilities
oversees the state equipment fleet and construction. The department of
natural resources, division of parks is responsible for park and campground
construction [How to Do Business in the State of Being
a registered vendor does not guarantee automatic notification of
solicitations. Vendors who register online are usually notified of bid
solicitations for contracts in excess of $50,000. Notices of requests
for proposals or invitations are posted on the state’s online public notice
system at http://notes4.state.ak.us/pn. Other forms of notice such as
publishing an advertisement in a newspaper of general circulation may be used
in addition to the vendor list [A.S. §36.30.130(a)]. Procurements
of supplies valued at $50,000 or less in a calendar year are small
procurements and thus require competition that is practicable under the
circumstances [A.S. §36.30.320]. Vendors should contact the appropriate
purchasing officer in order to be eligible to receive offers for small
procurement bidding. A
list of purchasing officers for the department of general services is posted
at www.state.ak.us/local/akpages/ADMIN/dgs/cam/staff.htm. An
online list is also available for the department of transportation and public
facilities: http://dot.alaska.gov/procurement/contacts/index.shtml. A business license may be obtained from: Department of Community
and Economic Development (907) 465-2550 Internet
site: www.dced.state.ak.us/occ/buslic.htm
State procurement law is applicable to leases. N/A Sales
agents seeking state contracts for their clients are not required to register
as lobbyists. Lobbying is the
attempt to influence legislative or administrative action. Attendance at a Drug Utilization Review or a Pharmacy and
Therapeutics committee meeting does not require registration. However, registration is required to
attempt to have a drug added to the state formulary. There
are no statutory definitions of executive
official or executive action. There are no pay-to-play provisions that affect the
registration thresholds or whether lobbyists must register. Contingency
lobbying is not relevant because registration as a lobbyist is not required
for procurement activity. Activity
reports are not required because registration as a lobbyist is not required
for procurement activity. Legislators
and legislative employees may not accept gifts from a single source with
aggregate value within a calendar year of more than $250 [A.S.
§24.60.080(a)]. Executive
branch officials may not accept gifts that may improperly influence the
official. Occasional gifts of $50 or less are presumed not to
improperly influence [A.S. §39.52.130; 9 A.A.C. §52.060]. Travel or lodging received by a public
officer in connection with a trip the public officer takes as part of the
officer's official duties is not an improper gift if the monetary value of
the travel or lodging is comparable to the cost the state would have paid for
the travel or lodging and the head of the officer's agency determines the
gift is to the state, not to the officer [9 A.A.C. §52.060]. A gift
means a payment or item to the extent consideration of equal or greater
value is not received, and includes the forgiveness or payment of a loan, the
provision of accommodations, tickets for travel or entertainment, the
provision of food or beverages other than for immediate consumption, the
granting of a rebate not available to the general public, and the provision
or loan of goods or services [A.S. §24.45.171(5)]. Public
officer means a
public employee or a member of a board or commission [A.S. §39.52.960(21)]. A
public officer who receives a gift with a value in excess of $150 must give
notice to a designated supervisor, including the name of the giver, a
description of the gift, and its approximate value, within 30 days after the
date of receipt if: ·
The
public officer may take or withhold official action affecting the giver; or ·
The
gift is connected to the public officer’s governmental status [A.S.
§39.52.130(b)]. The restrictions
relating to gifts do not apply to a campaign contribution given to a
candidate for elective office if the contribution complies with the laws
governing elections and campaign disclosure [A.S. §§24.60.990(a)(2)(B); 39.52.130(d)]. Pay-to-play:
There are no restrictions on vendors making gifts that would affect
future or existing contracts with the state. An
individual may not make cash contributions in excess of $100 [A.S.
§15.13.074(e)]. An
individual may not make a total contribution in excess of $500 per year to
any single candidate or $5,000 per year to a political party [A.S.
§15.13.070(b)]. A
corporation, company, partnership, firm, association, 501(c)(3) entity,
organization, business trust or surety, labor union, or publicly funded
entity may not make a contribution to a candidate, group, or non-group entity
[A.S. §15.13.074(f)]. Contributions include the purchase, payment, promise or obligation to
pay, loan or loan guarantee, deposit or gift of money, goods, or services for
which charge is ordinarily made and that is made for the purpose of
influencing the nomination or election of a candidate, or for the purpose of influencing
a ballot proposition or question, including the payment by a person other
than a candidate or political party, or compensation for the personal
services of another person, that are rendered to the candidate or political
party [A.S. §15.13.400(4)(A)]. A person or group may not make a contribution to a
candidate later than the 45th day: ·
After
the date of the primary election if the candidate was not nominated at the
primary election; ·
After
the date of the general election; or ·
After
the date of a municipal or municipal runoff election [A.S. §15.13.074(3)]. A person or a group may not make a contribution to a
candidate or individual authorized to make election-related expenses for an
office to be filled at a general election until 18 months before the general
election [A.S. §15.13.074(3)]. No
one may make a contribution in Pay-to-play: There are no restrictions on vendors making
political contributions that would affect future or existing contracts with
the state. A
person will not be considered a responsible bidder if, in the preceding three
years, the person twice designated the use of an Alaska product in a bid or
proposal for procurement for an agency and each time failed to use the
designated Alaska product for reasons within the control of the bidder [A.S.
§36.30.330(b)]. If the successful
bidder fails to use the designated product for reasons within the bidder’s
control, the contract payments will be reduced according to the category
(Class I, four percent; Class II, six percent; or Class III, eight percent)
of the product [A.S. §36.30.330(a)]. A
person who makes any misrepresentation or who practices or attempts to
practice a fraud at any stage of the procurement process forfeits all claims
to that contract and is liable to the state for all sums paid on the claim
and for a civil penalty [A.S. §36.30.687(a)]. A
person who makes a misrepresentation relating to procurement to the state,
through trick, scheme, or device is guilty of a class C felony and subject to
debarment [A.S. §§36.30.640(6); 36.30.687(d); 36.30.930(2)]. The
commissioner of the department of administration maintains a list of all
persons debarred or suspended from consideration for award of contracts [A.S.
§36.30.655]. Other
causes for debarment or suspension include: ·
Conviction
of a criminal offense incident to obtaining a public or private contract or
subcontract, or in the performance of the contract or subcontract; ·
Conviction
under state or federal statutes for embezzlement, theft, forgery, bribery, falsification
of records, receiving stolen property, or other offenses that indicate a lack
of business integrity or business honesty that currently and seriously
affects responsibility as a state contractor; ·
Conviction
or civil judgment finding a violation under state or federal antitrust
statutes; ·
Violations
of contract provisions of a character that is regarded by the commissioner to
be so serious as to justify debarment action, such as: ·
Knowing
failure without good cause to perform as provided in the contract; or ·
Failure
to perform or unsatisfactory performance as provided in one or more contracts
unless the failure to perform or unsatisfactory performance resulted from
acts beyond the control of the contractor; ·
Violations
of the ethical standards set out in law or regulation; and ·
Any
other cause the commissioner determines to be so serious and compelling as to
affect responsibility as a state contractor, including debarment by another
governmental entity for cause [A.S. §36.30.640]. Debarment
may last as long as three years; suspension may last as long as three months
[A.S. §§36.30.635(a); 36.30.635(b)]. These
prohibitions and penalties are not exclusive. Other administrative,
civil, and criminal laws may apply. Vern Jones Department of
Administration Division of General Services (907) 465-5684 E-mail: vern.jones@admin.state.ak.us or Tom
Erickson, CPPB DOT/PF
Statewide Procurement (907) 465-8946 E-mail: tom_Erickson@dot.state.ak.us
|
© 2008 State and Federal Communications, Inc.
Content last reviewed: 10/16/08