I, Frank H. Murkowski, Governor of the State of Alaska, under the authority of art. III, secs. 1 and 24, of the Alaska Constitution, order all principal departments of the executive branch of state government, for procurement functions under the direction of the chief procurement officer in the Department of Administration, to ensure that future solicitations and resulting contracts for goods or services, and future contract amendments, are, to the extent consistent with federal and state law, not entered into with any company that is established and headquartered, or incorporated and headquartered, in a country categorized as “Tier 3” in the most recent United States Department of State’s Trafficking in Persons Report, unless the company has a current company policy against human trafficking. The most current edition of the Trafficking in Persons Report published by the United States Department of State is available on the following website: http://www.state.gov/g/tip/.
Background and Purpose
A country categorized by the United States Department of State as a “Tier 3” country in its Trafficking in Persons Report is one whose government does not fully comply with United States minimum standards for the elimination of human trafficking, and is not making significant efforts to do so.
The award of, or amendment to, a State of Alaska contract to or with a company that is established and headquartered, or incorporated and headquartered, in a Tier 3 country, and that does not have a company policy against human trafficking in place, may result in state money directly or indirectly providing financial support to a Tier 3 country, thus enabling the continuation of human trafficking operations.
The purpose of this Administrative Order is to ensure that the State of Alaska does not provide support, directly or indirectly, to a Tier 3 country through state-financed contracts procured under the State Procurement Code (AS 36.30).
General Provisions
By this Order, I am instructing the state’s chief procurement officer, to the extent authorized by law, to undertake the following:
1. implement policies and procedures, and regulations if necessary, pertinent to this Order, including the consideration of the award of state contracts to a company established and headquartered, or incorporated and headquartered, in a Tier 3 country, and the imposition of a requirement that any vendor whose company is established and headquartered, or incorporated and headquartered, in a Tier 3 country must, as part of the response to any solicitation for a state contract, submit a certified copy of its company’s policy regarding human trafficking;
2. amend future solicitations and state standard contracts to require vendors whose company is established and headquartered, or incorporated and headquartered, in a Tier 3 country, to disclose that fact to the State of Alaska;
3. require any vendor whose company is established and headquartered, or incorporated and headquartered, in a Tier 3 country to submit to the State of Alaska, before contract award or contract amendment, as appropriate, the company’s policy against human trafficking.
Definitions
In this Order,
1. “human trafficking” includes the offenses specified in the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.), as amended by the Trafficking Victims Protection Reauthorization Act of 2003 (P.L. 108-193);
2. “Tier 3 country” means a country categorized as a Tier 3 country in the most current version of the Trafficking in Persons Report issued by the United States Department of State.
This Order takes effect immediately.
DATED at Juneau, Alaska, this 13th day of December, 2005.
/s/Frank H. Murkowski
Governor
