Title 36 — Public Contracts
9 chapters · 210 sections in this title.
AS 36.05.005 Applicability.
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This chapter applies only to a public construction contract that exceeds $25,000.
AS 36.05.010 Wage rates on public construction.
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A contractor or subcontractor who performs work on a public construction contract in the state shall pay not less than the current prevailing rate of wages for work of a similar nature in the region in which the work is done. The current prevailing rate of wages is that contained…
AS 36.05.020 Basis for determining wage.
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A subcontract that is performed on public construction may be reduced to a basis of day labor for the purpose of determining whether or not the subcontractor or contractors have paid at not less than the prevailing scale of wage.
AS 36.05.030 Authority; investigations; hearings; regulations; enforcement.
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(a) The Department of Labor and Workforce Development has the authority to determine the prevailing wage, and whether or not this chapter is being violated. The department may when necessary for the enforcement of this chapter (1) conduct investigations and hold hearings concerni…
AS 36.05.035 Notification of contract awards.
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Upon awarding a public construction contract, the state or a political subdivision of the state shall (1) immediately notify the commissioner of labor and workforce development of the amount of the contract, the effective date of the contract, the identity of the contractor and a…
AS 36.05.040 Filing schedule of employees, wages paid, and other information.
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All contractors or subcontractors who perform work on a public construction contract for the state or for a political subdivision of the state shall, before the Friday of every second week, file with the Department of Labor and Workforce Development a sworn affidavit for the prev…
AS 36.05.045 Notice of work and completion; withholding of payment.
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(a) Before commencing work on a public construction contract, the person entering into the contract with a contracting agency shall designate a primary contractor for purposes of this section. Before work commences, the primary contractor shall file a notice of work with the Depa…
AS 36.05.050 Hours to constitute day's work. [Repealed, § 1 ch 3 SLA 1973.]
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[Repealed or reserved.]
AS 36.05.060 Penalty for violation of this chapter.
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A contractor who violates this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $1,000, or by imprisonment for not less than 10 days nor more than 90 days, or by both. Each day a violation exists constitutes a sepa…
AS 36.05.070 Wage rates in specifications and contracts for public works.
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(a) The advertised specifications for a public construction contract that requires or involves the employment of mechanics, laborers, or field surveyors must contain a provision stating the minimum wages to be paid various classes of laborers, mechanics, or field surveyors and th…
AS 36.05.080 Failure to pay agreed wages.
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Every contract within the scope of AS 36.05.070 must contain a provision that if it is found that a laborer, mechanic, or field surveyor employed by the contractor or subcontractor has been or is being paid a rate of wages less than the rate of wages required by the contract to b…
AS 36.05.090 Payment of wages from withheld payments and listing contractors who violate contracts.
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(a) The state disbursing officer in the case of a state public construction contract and the local fiscal officer in the case of a political subdivision public construction contract shall pay directly to laborers, mechanics, or field surveyors from accrued payments withheld under…
AS 36.05.100 Effect of AS 36.05.070 — 36.05.110 on other laws.
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AS 36.05.070 — 36.05.110 do not supersede or impair authority granted by state law to provide for the establishment of specific wage rates.
AS 36.05.110 Contracts entered into without advertising.
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The fact that a public construction contract authorized by law is entered into upon a cost-plus-a-fixed-fee basis or otherwise, without advertising for proposals, does not make AS 36.05.070 — 36.05.110 inapplicable if those sections are otherwise applicable to the contract.
AS 36.05.120 Regulations governing contractors. [Repealed, § 17 ch 142 SLA 1972.]
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Article 2. General Provisions.
AS 36.05.900 Definition.
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In this chapter, “contracting agency” means the state or a political subdivision of the state that has entered into a public construction contract with a contractor.
AS 36.10.005 Legislative findings.
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(a) The legislature finds that (1) because of its unique climate and its distance from the contiguous states, the state has historically suffered from unique social, seasonal, geographic, and economic conditions that result in an unstable economy; (2) the unstable economy is a ha…
AS 36.10.006 Statement of purpose. [Repealed, § 16 ch 20 SLA 2002.]
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[Repealed or reserved.]
AS 36.10.007 State policy.
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It is the policy of this state that, to fulfill the duty of loyalty owed to its citizens and to remedy social or economic problems, the state will grant an employment preference to residents when the state is acting as a market participant.
AS 36.10.010 Employment preference. [Repealed, § 11 ch 33 SLA 1986.]
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[Repealed or reserved.]
AS 36.10.020 Apprentices.
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Apprentices must be properly registered apprentices in their particular craft.
AS 36.10.030 Reduction of work force.
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When a work force is reduced, resident workers, except supervisory personnel, shall be terminated last.
AS 36.10.040 Application to contracts involving federal funds.
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In a contract involving expenditure of federal aid funds, this chapter may not be enforced in a manner that conflicts with federal statutes giving preference to veterans or prohibiting other preferences or discriminations among United States citizens.
AS 36.10.050 Employment of aliens. [Repealed, § 17 ch 142 SLA 1972.]
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[Repealed or reserved.]
AS 36.10.060 Employment of prisoners. [Repealed, § 6 ch 53 SLA 1982.]
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[Repealed or reserved.]
AS 36.10.070 Unavailability of preferred workers.
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(a) An employer subject to hiring requirements under this chapter may request the Department of Labor and Workforce Development to assist in locating qualified, eligible employees. After receiving a request for assistance, the department shall refer qualified, eligible, available…
AS 36.10.075 Regulations.
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(a) The commissioner of labor and workforce development shall adopt regulations necessary to carry out the provisions of this chapter including but not limited to the method, time, and content of reporting by employers covered by this chapter and reporting provisions permitting o…
AS 36.10.076 Notification by state or political subdivision.
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An agency or political subdivision of the state covered by the provisions of this chapter shall notify the Department of Labor and Workforce Development periodically regarding planned public works. Notification shall be in the form and manner prescribed by the Department of Labor…
AS 36.10.080 Chapter incorporated in contracts.
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The provisions of this chapter are considered to be a part of every public works contract.
AS 36.10.090 Publication of list of violators.
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(a) The commissioner of labor and workforce development shall distribute to all departments and agencies of the state government and to all political subdivisions of the state a list of the names of persons or firms convicted of a violation of this chapter. A person appearing on …
AS 36.10.100 Retainage and penalty.
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(a) A contractor who violates a provision of this chapter shall have deducted from amounts due to the contractor under the contract the prevailing wages that should have been paid to a displaced resident, and these amounts shall be retained by the contracting agency. (b) A contra…
AS 36.10.110 Definitions. [Repealed, § 17 ch 142 SLA 1972.]
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[Repealed or reserved.]
AS 36.10.120 Investigations and hearings.
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The Department of Labor and Workforce Development may, when necessary to enforce this chapter, (1) conduct investigations and hold hearings relating to employment preference; (2) compel the attendance of witnesses and the production of books, papers, and documents.
AS 36.10.125 Enforcement.
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(a) The attorney general shall, when requested by the Department of Labor and Workforce Development, enforce the provisions of this chapter. The attorney general may obtain a court order prohibiting a contractor or subcontractor violating this chapter from continuing to work on e…
AS 36.10.130 Resident hire report.
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The attorney general and the commissioner of labor and workforce development shall report annually to the governor on the status of employment in the state, the effect of nonresident employment on the employment of residents in the state, and methods to increase resident hire. Th…
AS 36.10.140 Eligibility for preference; approval of job-training programs; certification.
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(a) A person is eligible for an employment preference under this chapter if the person certifies eligibility as required by the Department of Labor and Workforce Development, is a resident, and (1) is receiving unemployment benefits under AS 23.20 or would be eligible to receive …
AS 36.10.150 Determination of zone of underemployment.
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(a) Immediately following a determination by the commissioner of labor and workforce development that a zone of underemployment exists, and for the next two fiscal years after the determination, qualified residents of the zone who are eligible under AS 36.10.140 shall be given pr…
AS 36.10.160 Preference for residents of economically distressed zones.
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(a) Immediately following a determination by the commissioner that an economically distressed zone exists, and for the next two fiscal years after the determination, qualified residents of the zone who are eligible under AS 36.10.140 shall be given preference in hiring for at lea…
AS 36.10.170 Preference for economically disadvantaged minority residents.
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(a) Immediately following a determination by the commissioner that the minority residents of a zone are economically disadvantaged, and for the next two fiscal years after the determination, qualified minority residents of the zone who are eligible under AS 36.10.140 shall be giv…
AS 36.10.175 Preference for economically disadvantaged female residents.
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(a) Immediately following a determination by the commissioner that the female residents of a zone are economically disadvantaged, and for the next two fiscal years after the determination, qualified female residents of the zone who are eligible under AS 36.10.140 shall be given p…
AS 36.10.180 Projects subject to preference.
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(a) The preferences established in AS 36.10.150 — 36.10.175 apply to work performed (1) under a contract for construction, repair, preliminary surveys, engineering studies, consulting, maintenance work, or any other retention of services necessary to complete a given project that…
AS 36.10.190 Reporting provisions.
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An employer obligated to meet resident hire requirements under this chapter shall comply with the reporting provisions that the commissioner of labor and workforce development determines are reasonably necessary to carry out this chapter. Except for statistical data, all informat…
AS 36.10.200 Criminal penalties.
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(a) A person who makes a false sworn statement in connection with a certification of eligibility for an employment preference under this chapter is subject to criminal prosecution for perjury as provided in AS 11.56.200. (b) A person who makes an unsworn falsification, with the i…
AS 36.10.210 Civil penalties.
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(a) In addition to any criminal penalties imposed, after a hearing the department may impose a civil penalty on a person who, in connection with certification of eligibility for an employment preference under this chapter, (1) made a false sworn statement; or (2) made an unsworn …
AS 36.10.900 Severability.
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If a provision of this chapter, or the application of a provision to a person or circumstance, is held invalid, the remainder of this chapter and the application to other persons or circumstances shall not be affected by the holding. The remainder shall be enforced to the greates…
AS 36.10.990 Definitions.
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In this chapter, (1) “qualified” means possesses the requisite education, training, skills, or experience to perform the work; (2) “zone” includes a census area in the state, an economic region of the state, and the state as a whole.
AS 36.15.010 Use of local forest products required in projects financed by public money.
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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.
AS 36.15.020 Insertion of clause in calls for bids and in contracts.
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Article 2. Agricultural and Fisheries Products Preference. A clause containing the substance of AS 36.15.010 shall be inserted in all calls for bids and in all contracts awarded.
AS 36.15.050 Use of local agricultural and fisheries products required in purchases with state money.
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(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 purchas…
AS 36.15.060 Insertion of clause in calls for bids and in contracts.
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A clause containing the substance of the relevant subsection of AS 36.15.050 shall be inserted in all calls for bids and in all contracts awarded that involve agricultural or fisheries products.