In furtherance of the State of Alaska’s commitment to human rights as expressed in the State Constitution and Alaska Statute
18.80.200, I, Bill Sheffield, Governor of the State of Alaska, under the authority granted by art. III, sec. 1 of the Alaska Constitution and by Alaska Statute 44.17.060, order the following:
1. Purpose. The purpose of this order is (1) to assure that there is no unconstitutional or otherwise unlawful discrimination in the award of contracts and subcontracts for public works projects undertaken by the Alaska Department of Transportation and Public Facilities; (2) to overcome effects of past discrimination against minorities, women, and other classes of persons protected by AS 18.80.200; and (3) to promote the economic health and well-being of the state through taking positive measures to ensure equal business opportunities for minorities, women, and other classes of persons protected by AS 18.80.200.
2. Minorities and Women in Business Enterprises.
(a) This order supplements Administrative Order No. 59 dated June 20, 1980 by Governor Jay Hammond, and Administrative Order No. 75 dated April 7, 1983 by me, by adding provisions for affirmative action in state contracting.
(b) I find that
(1) the overwhelming share of public funds spent for public construction projects are spent by the Department of Transportation and Public Facilities on contracts awarded to competitive bidders;
(2) a majority of the construction contracts awarded by the Department of Transportation and Public Facilities is carried out with significant use of subcontractors;
(3) because of (1) and (2), the preponderant share of state funds spent on public construction goes to contractors and subcontractors under contracts with the Department of Transportation and Public Facilities.
(c) The commissioner of the Department of Transportation and Public Facilities shall take positive, aggressive measures to help assure that business enterprises owned and controlled by minorities, women, and other classes of persons protected by AS 18.80.200 are not discriminated against in the award of contracts and subcontracts. The commissioner shall take all possible affirmative action which the commissioner determines will help (1) to overcome effects of past discrimination against minorities, women, and other classes of persons protected by AS 18.80.200, in the contracting business; and (2) to promote full and equal opportunity for business enterprises owned and controlled by minorities, women, and other classes of persons protected by AS 18.80.200, to receive public construction funds.
(d) The definition of “minority” in Administrative Order No. 18 dated November 22, 1972 by Governor Egan is hereby superseded. For purposes of this order and Administrative Order No. 18, “minority” includes a person from the following groups: Black American, Hispanic American, Asian American, Pacific Islander, American Indian, or Alaska Native.
(e) For purposes of this order, “minority business enterprise” (MBE) means a business concern that is at least 51 percent owned and controlled by minority persons; “female business enterprise” (FBE) means a business concern that is at least 51 percent owned and controlled by women.
(f) A business enterprise not owned and controlled by minority persons or women must be at least 51 percent owned and controlled by persons belonging to a class protected by AS 18.80.200 to qualify for the affirmative action required by this order.
This Order takes effect May 24, 1983
DATED at Juneau, Alaska May 23, 1983
S/S Bill Sheffield
Bill Sheffield
Governor of the State of Alaska
