14 | | - | Enrolled, An Act, |
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15 | | - | Relating to state government; to amend Sections |
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16 | | - | 41-4-114, 41-4-120, 41-4-122 as last amended by Act 2022-357 |
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17 | | - | of the 2022 Regular Session, 41-4-124, 41-4-125, Section |
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18 | | - | 41-4-126 as last amended by Act 2022-357 of the 2022 Regular |
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19 | | - | Session, 41-4-139, 41-4-172, 29-2-41.1 Code of Alabama 1975, |
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20 | | - | to further provide exemptions to the state procurement code; |
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21 | | - | to further provide for the authority to make emergency |
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22 | | - | procurements and the review of those procurements by the |
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23 | | - | Contract Review Legislative Oversight Committee; to provide |
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24 | | - | for the procurement of certain health professionals who |
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25 | | - | provide services to the Medicaid Agency under certain |
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26 | | - | conditions; to further provide for the definition of |
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27 | | - | professional services to include the management and |
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28 | | - | administration of occupational licensing boards; to provide |
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29 | | - | for the procurement of supplies, services, and professional |
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30 | | - | services by district attorneys or sheriffs; to provide for the |
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31 | | - | change of the name of the Office of the Chief Procurement |
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32 | | - | Officer to the Division of Procurement; and to add Section |
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33 | | - | 41-4-125.01 to the Code of Alabama 1975, to provide for the |
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34 | | - | procurement of physicians retained to provide medical services |
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35 | | - | to the State of Alabama. |
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36 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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37 | | - | Section 1. Sections 41-4-114, 41-4-120, 41-4-122 as |
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38 | | - | last amended by Act 2022-357 of the 2022 Regular Session, |
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39 | | - | 41-4-124, 41-4-125, Section 41-4-126 as last amended by Act |
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| 13 | + | SYNOPSIS: |
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| 14 | + | Under existing law, with exceptions, the Chief |
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| 15 | + | Procurement Officer administers and oversees the |
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| 16 | + | procurement of supplies and services of any state |
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| 17 | + | governmental body. |
---|
| 18 | + | This bill would change the name of the Office of |
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| 19 | + | the Chief Procurement Officer to the Division of |
---|
| 20 | + | Procurement. |
---|
| 21 | + | This bill would specify that the appointment of |
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| 22 | + | attorneys and experts by a court, and the retention of |
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| 23 | + | experts for purposes of litigation or avoidance of |
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| 24 | + | litigation, is not subject to the procurement code. |
---|
| 25 | + | This bill would provide an exemption to the |
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| 26 | + | procurement code for the procurement of certain health |
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| 27 | + | professionals who provide services on Alabama Medicaid |
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| 28 | + | Agency task forces, committees, and boards. |
---|
| 29 | + | This bill would further provide for the |
---|
| 30 | + | authority to make emergency procurements and the |
---|
| 31 | + | authority of the Contract Review Legislative Oversight |
---|
| 32 | + | Committee to review those procurements. |
---|
| 33 | + | This bill would authorize the redaction of |
---|
| 34 | + | certain professional service contracts entered into by |
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| 35 | + | the Attorney General until the conclusion of |
---|
| 36 | + | litigation. |
---|
| 37 | + | This bill would provide for the procurement of |
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69 | | - | 2022-357 of the 2022 Regular Session, 41-4-139, 41-4-172, |
---|
70 | | - | 29-2-41.1, Code of Alabama 1975, are amended to read as |
---|
71 | | - | follows: |
---|
72 | | - | "§41-4-114 |
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73 | | - | (a) For purposes of this article, the following words |
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74 | | - | shall have the following meanings: |
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75 | | - | (1) BUSINESS. Any corporation, partnership, individual, |
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76 | | - | sole proprietorship, joint stock company, joint venture, or |
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77 | | - | other private legal entity. |
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78 | | - | (2) CAPITAL EQUIPMENT. Tangible personal property that |
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79 | | - | can be appraised for value, is not disposable or consumable, |
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80 | | - | is stand alone, and has a useful life of one year or more. |
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81 | | - | (3) CHANGE ORDER. A written order signed by the |
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82 | | - | procurement officer directing the contractor to make changes |
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83 | | - | which the changes clause of the contract authorizes the |
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84 | | - | procurement officer to order without the consent of the |
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85 | | - | contractor. |
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86 | | - | (4) CHIEF PROCUREMENT OFFICER. The person individual |
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87 | | - | holding the position created in Section 41-4-120, as the head |
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88 | | - | of the Office of the Chief Procurement Officer Division of |
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89 | | - | Procurement. |
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90 | | - | (5) CONTINGENCY FEE CONTRACT. An agreement, express or |
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91 | | - | implied, for litigation legal services of an attorney or |
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92 | | - | attorneys, including any associated counsel, under which |
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93 | | - | compensation is contingent in whole or in part upon the |
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94 | | - | successful accomplishment or disposition of the subject matter |
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95 | | - | of the agreement. The payment may be in an amount which either |
---|
96 | | - | is fixed or is to be determined under a formula. |
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| 67 | + | physicians retained by a governmental agency to provide |
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| 68 | + | medical services to the State of Alabama. |
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| 69 | + | This bill would further define professional |
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| 70 | + | services to include the management or administration of |
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| 71 | + | occupational licensing boards, and would subject |
---|
| 72 | + | contracts for these services to review by the Contract |
---|
| 73 | + | Review Legislative Oversight Committee. |
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| 74 | + | This bill would also subject the procurement of |
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| 75 | + | supplies, services, and professional services by a |
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| 76 | + | district attorney or sheriff to the competitive bid law |
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| 77 | + | governing counties and municipalities and exempt them |
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| 78 | + | from the state procurement code. |
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| 79 | + | A BILL |
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| 80 | + | TO BE ENTITLED |
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| 81 | + | AN ACT |
---|
| 82 | + | Relating to state government; to amend Sections |
---|
| 83 | + | 41-4-114, 41-4-120, 41-4-122 as last amended by Act 2022-357 |
---|
| 84 | + | of the 2022 Regular Session, 41-4-124, 41-4-125, Section |
---|
| 85 | + | 41-4-126 as last amended by Act 2022-357 of the 2022 Regular |
---|
| 86 | + | Session, 41-4-136, 41-4-139, 41-4-172, 29-2-41.1, and |
---|
| 87 | + | 29-2-41.2, Code of Alabama 1975, to further provide exemptions |
---|
| 88 | + | to the state procurement code; to further provide for the |
---|
| 89 | + | authority to make emergency procurements and the review of |
---|
| 90 | + | those procurements by the Contract Review Legislative |
---|
126 | | - | (6) CONTINGENCY FEE COUNSEL. An attorney or attorneys |
---|
127 | | - | performing services under a contingency fee contract. |
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128 | | - | (7) CONTRACT. All types of state agreements, regardless |
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129 | | - | of what they may be called, for the procurement of supplies or |
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130 | | - | services. |
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131 | | - | (8) CONTRACT MODIFICATION. Any written alteration in |
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132 | | - | specifications, delivery point, rate of delivery, period of |
---|
133 | | - | performance, price, quantity, or other provisions of any |
---|
134 | | - | contract accomplished by mutual action of the parties to the |
---|
135 | | - | contract. |
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136 | | - | (9) CONTRACTING AGENCY. The Governor, Attorney General, |
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137 | | - | or director of a state agency, department, bureau, commission, |
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138 | | - | authority, public corporation, or instrumentality of the State |
---|
139 | | - | of Alabama that seeks to enter a contract. |
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140 | | - | (10) CONTRACTOR. Any person having a contract with a |
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141 | | - | governmental body. |
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142 | | - | (11) DATA. Recorded information, regardless of form or |
---|
143 | | - | characteristic. |
---|
144 | | - | (12) DESIGNEE. A duly authorized representative of a |
---|
145 | | - | person. |
---|
146 | | - | (13) ELECTRONIC. Electrical, digital, magnetic, |
---|
147 | | - | optical, electromagnetic, or other similar technology. |
---|
148 | | - | (14) GOVERNMENTAL BODY. Except as otherwise provided in |
---|
149 | | - | this article, an agency, department, board, bureau, |
---|
150 | | - | commission, committee, institution, corporation, authority, or |
---|
151 | | - | office of this state. The term does not include the |
---|
152 | | - | legislative or judicial departments of the state or a |
---|
153 | | - | legislative or judicial agency, the Alabama State Port |
---|
| 120 | + | Oversight Committee; to provide for the procurement of certain |
---|
| 121 | + | health professionals who provide services to the Medicaid |
---|
| 122 | + | Agency under certain conditions; to provide for the redaction |
---|
| 123 | + | of certain professional services contracts by the Attorney |
---|
| 124 | + | General; to further provide for the definition of professional |
---|
| 125 | + | services to include the management and administration of |
---|
| 126 | + | occupational licensing boards; to provide for the procurement |
---|
| 127 | + | of supplies, services, and professional services by district |
---|
| 128 | + | attorneys or sheriffs; to provide for the change of the name |
---|
| 129 | + | of the Office of the Chief Procurement Officer to the Division |
---|
| 130 | + | of Procurement; and to add Section 41-4-125.01 to the Code of |
---|
| 131 | + | Alabama 1975, to provide for the procurement of physicians |
---|
| 132 | + | retained to provide medical services to the State of Alabama. |
---|
| 133 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
---|
| 134 | + | Section 1. Sections 41-4-114, 41-4-120, 41-4-122 as |
---|
| 135 | + | last amended by Act 2022-357 of the 2022 Regular Session, |
---|
| 136 | + | 41-4-124, 41-4-125, Section 41-4-126 as last amended by Act |
---|
| 137 | + | 2022-357 of the 2022 Regular Session, 41-4-139, 41-4-172, |
---|
| 138 | + | 29-2-41.1, and 29-2-41.2, Code of Alabama 1975, are amended to |
---|
| 139 | + | read as follows: |
---|
| 140 | + | "§41-4-114 |
---|
| 141 | + | (a) For purposes of this article, the following words |
---|
| 142 | + | shall have the following meanings: |
---|
| 143 | + | (1) BUSINESS. Any corporation, partnership, individual, |
---|
| 144 | + | sole proprietorship, joint stock company, joint venture, or |
---|
| 145 | + | other private legal entity. |
---|
| 146 | + | (2) CAPITAL EQUIPMENT. Tangible personal property that |
---|
| 147 | + | can be appraised for value, is not disposable or consumable, |
---|
183 | | - | Authority, municipalities, or the county commission and |
---|
184 | | - | governing boards of instrumentalities of counties including |
---|
185 | | - | waterworks boards, sewer boards, gas boards, and other like |
---|
186 | | - | utility boards and commissions. |
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187 | | - | (15) GRANT. The furnishing by the state or federal |
---|
188 | | - | government of assistance, whether financial or otherwise, to |
---|
189 | | - | any person to support a program authorized by law. The term |
---|
190 | | - | does not include an award with a primary purpose to procure an |
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191 | | - | end product, whether in the form of supplies or services. |
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192 | | - | (16) JUDICIAL AGENCY. Any department, appellate court, |
---|
193 | | - | trial court, board, body, bureau, commission, committee, |
---|
194 | | - | institution, corporation, authority, or office created, |
---|
195 | | - | established, and operating as an agency of the judicial |
---|
196 | | - | department of this state. The term includes, but is not |
---|
197 | | - | limited to, the Administrative Office of Courts, the State Law |
---|
198 | | - | Library, the Court of the Judiciary, and the Sentencing |
---|
199 | | - | Commission. |
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200 | | - | (17) LEGISLATIVE AGENCY. The Alabama State Legislature |
---|
201 | | - | and any department, board, body, bureau, commission, |
---|
202 | | - | committee, institution, corporation, authority, or office |
---|
203 | | - | created, established, and operating as an agency of the |
---|
204 | | - | legislative department of this state. The term includes, but |
---|
205 | | - | is not limited to, the Legislative Services Agency and the |
---|
206 | | - | Department of Examiners of Public Accounts. |
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207 | | - | (18) PERSON. An individual, corporation, association, |
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208 | | - | partnership, limited liability corporation, union, committee, |
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209 | | - | club, other organization, or group. |
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210 | | - | (19) PROCUREMENT. Buying, purchasing, renting, leasing, |
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| 177 | + | is stand alone, and has a useful life of one year or more. |
---|
| 178 | + | (3) CHANGE ORDER. A written order signed by the |
---|
| 179 | + | procurement officer directing the contractor to make changes |
---|
| 180 | + | which the changes clause of the contract authorizes the |
---|
| 181 | + | procurement officer to order without the consent of the |
---|
| 182 | + | contractor. |
---|
| 183 | + | (4) CHIEF PROCUREMENT OFFICER. The person individual |
---|
| 184 | + | holding the position created in Section 41-4-120, as the head |
---|
| 185 | + | of the Office of the Chief Procurement Officer Division of |
---|
| 186 | + | Procurement. |
---|
| 187 | + | (5) CONTINGENCY FEE CONTRACT. An agreement, express or |
---|
| 188 | + | implied, for litigation legal services of an attorney or |
---|
| 189 | + | attorneys, including any associated counsel, under which |
---|
| 190 | + | compensation is contingent in whole or in part upon the |
---|
| 191 | + | successful accomplishment or disposition of the subject matter |
---|
| 192 | + | of the agreement. The payment may be in an amount which either |
---|
| 193 | + | is fixed or is to be determined under a formula. |
---|
| 194 | + | (6) CONTINGENCY FEE COUNSEL. An attorney or attorneys |
---|
| 195 | + | performing services under a contingency fee contract. |
---|
| 196 | + | (7) CONTRACT. All types of state agreements, regardless |
---|
| 197 | + | of what they may be called, for the procurement of supplies or |
---|
| 198 | + | services. |
---|
| 199 | + | (8) CONTRACT MODIFICATION. Any written alteration in |
---|
| 200 | + | specifications, delivery point, rate of delivery, period of |
---|
| 201 | + | performance, price, quantity, or other provisions of any |
---|
| 202 | + | contract accomplished by mutual action of the parties to the |
---|
| 203 | + | contract. |
---|
| 204 | + | (9) CONTRACTING AGENCY. The Governor, Attorney General, |
---|
240 | | - | or otherwise acquiring any supplies or services. The term |
---|
241 | | - | includes all functions that pertain to the obtaining of any |
---|
242 | | - | supply or service, including description of requirements, |
---|
243 | | - | selection and solicitation of sources, preparation and award |
---|
244 | | - | of contracts, and all phases of contract administration. The |
---|
245 | | - | term does not include the leasing of real property. |
---|
246 | | - | (20) PROCUREMENT OFFICER. Any person individual duly |
---|
247 | | - | authorized by the Chief Procurement Officer to enter into and |
---|
248 | | - | administer contracts and make written determinations with |
---|
249 | | - | respect to those contracts. The term includes an authorized |
---|
250 | | - | representative acting within the limits of authority. |
---|
251 | | - | (21) PROFESSIONAL SERVICES. The services of physicians, |
---|
252 | | - | architects, engineers, landscape architects, land surveyors, |
---|
253 | | - | geoscientists, attorneys, teachers, artists, appraisers, and |
---|
254 | | - | other individuals, or business entities offering the services |
---|
255 | | - | of those individuals, who possess a high degree of scientific |
---|
256 | | - | or specialized skill and knowledge where the experience and |
---|
257 | | - | professional qualifications of the service provider are |
---|
258 | | - | particularly relevant to the provision of the required |
---|
259 | | - | service. The term also includes the management or |
---|
260 | | - | administration of any occupational licensing board, as defined |
---|
261 | | - | under Section 41-9A-1, by a person other than a state |
---|
262 | | - | employee. |
---|
263 | | - | (22) PUBLIC FUNDS. Money, regardless of its source, |
---|
264 | | - | that is owned or held by a governmental body. |
---|
265 | | - | (23) PUBLIC NOTICE. The distribution or dissemination |
---|
266 | | - | of information to interested parties using methods that are |
---|
267 | | - | reasonably available, including, but not limited to, |
---|
| 234 | + | or director of a state agency, department, bureau, commission, |
---|
| 235 | + | authority, public corporation, or instrumentality of the State |
---|
| 236 | + | of Alabama that seeks to enter a contract. |
---|
| 237 | + | (10) CONTRACTOR. Any person having a contract with a |
---|
| 238 | + | governmental body. |
---|
| 239 | + | (11) DATA. Recorded information, regardless of form or |
---|
| 240 | + | characteristic. |
---|
| 241 | + | (12) DESIGNEE. A duly authorized representative of a |
---|
| 242 | + | person. |
---|
| 243 | + | (13) ELECTRONIC. Electrical, digital, magnetic, |
---|
| 244 | + | optical, electromagnetic, or other similar technology. |
---|
| 245 | + | (14) GOVERNMENTAL BODY. Except as otherwise provided in |
---|
| 246 | + | this article, an agency, department, board, bureau, |
---|
| 247 | + | commission, committee, institution, corporation, authority, or |
---|
| 248 | + | office of this state. The term does not include the |
---|
| 249 | + | legislative or judicial departments of the state or a |
---|
| 250 | + | legislative or judicial agency, the Alabama State Port |
---|
| 251 | + | Authority, municipalities, or the county commission and |
---|
| 252 | + | governing boards of instrumentalities of counties including |
---|
| 253 | + | waterworks boards, sewer boards, gas boards, and other like |
---|
| 254 | + | utility boards and commissions. |
---|
| 255 | + | (15) GRANT. The furnishing by the state or federal |
---|
| 256 | + | government of assistance, whether financial or otherwise, to |
---|
| 257 | + | any person to support a program authorized by law. The term |
---|
| 258 | + | does not include an award with a primary purpose to procure an |
---|
| 259 | + | end product, whether in the form of supplies or services. |
---|
| 260 | + | (16) JUDICIAL AGENCY. Any department, appellate court, |
---|
| 261 | + | trial court, board, body, bureau, commission, committee, |
---|
297 | | - | publication in newspapers of general circulation, electronic |
---|
298 | | - | or paper mailing lists, and websites designated by the state |
---|
299 | | - | and maintained for that purpose. |
---|
300 | | - | (24) PURCHASING AGENCY. A governmental body, other than |
---|
301 | | - | the Office of the Chief Procurement Officer, that is |
---|
302 | | - | authorized by this article, its implementing rules, or by |
---|
303 | | - | delegation from the Chief Procurement Officer to enter into |
---|
304 | | - | contracts. |
---|
305 | | - | (25) SERVICES. The furnishing of labor, time, or effort |
---|
306 | | - | by a contractor. The term does not include the delivery of a |
---|
307 | | - | specific end product, other than reports that are merely |
---|
308 | | - | incidental to the required performance. |
---|
309 | | - | (26) SIGNATURE. A manual signature or an electronic |
---|
310 | | - | signature, as defined in Section 8-1A-2. |
---|
311 | | - | (27) SOLICITATION. Any request to submit quotes, bids, |
---|
312 | | - | or offers to the state for the procurement of supplies or |
---|
313 | | - | services. The term includes invitations to bid and requests |
---|
314 | | - | for proposals. |
---|
315 | | - | (28) SUPPLIES. All property, including equipment, |
---|
316 | | - | materials, and printing. The term does not include land or a |
---|
317 | | - | permanent interest in land. |
---|
318 | | - | (29) USING AGENCY. A governmental body that utilizes |
---|
319 | | - | any supplies or services procured under this article. |
---|
320 | | - | (30) WRITTEN or IN WRITING. The product of any method |
---|
321 | | - | of forming characters on paper, other materials, or viewable |
---|
322 | | - | screens, which can be read, retrieved, and reproduced, |
---|
323 | | - | including information that is electronically transmitted and |
---|
324 | | - | stored. |
---|
| 291 | + | institution, corporation, authority, or office created, |
---|
| 292 | + | established, and operating as an agency of the judicial |
---|
| 293 | + | department of this state. The term includes, but is not |
---|
| 294 | + | limited to, the Administrative Office of Courts, the State Law |
---|
| 295 | + | Library, the Court of the Judiciary, and the Sentencing |
---|
| 296 | + | Commission. |
---|
| 297 | + | (17) LEGISLATIVE AGENCY. The Alabama State Legislature |
---|
| 298 | + | and any department, board, body, bureau, commission, |
---|
| 299 | + | committee, institution, corporation, authority, or office |
---|
| 300 | + | created, established, and operating as an agency of the |
---|
| 301 | + | legislative department of this state. The term includes, but |
---|
| 302 | + | is not limited to, the Legislative Services Agency and the |
---|
| 303 | + | Department of Examiners of Public Accounts. |
---|
| 304 | + | (18) PERSON. An individual, corporation, association, |
---|
| 305 | + | partnership, limited liability corporation, union, committee, |
---|
| 306 | + | club, other organization, or group. |
---|
| 307 | + | (19) PROCUREMENT. Buying, purchasing, renting, leasing, |
---|
| 308 | + | or otherwise acquiring any supplies or services. The term |
---|
| 309 | + | includes all functions that pertain to the obtaining of any |
---|
| 310 | + | supply or service, including description of requirements, |
---|
| 311 | + | selection and solicitation of sources, preparation and award |
---|
| 312 | + | of contracts, and all phases of contract administration. The |
---|
| 313 | + | term does not include the leasing of real property. |
---|
| 314 | + | (20) PROCUREMENT OFFICER. Any person individual duly |
---|
| 315 | + | authorized by the Chief Procurement Officer to enter into and |
---|
| 316 | + | administer contracts and make written determinations with |
---|
| 317 | + | respect to those contracts. The term includes an authorized |
---|
| 318 | + | representative acting within the limits of authority. |
---|
354 | | - | (b) The terms state, state department, state agency, |
---|
355 | | - | agency, state entity, instrumentality of the state, and |
---|
356 | | - | governmental body do not include municipalities, political |
---|
357 | | - | subdivisions, county commissions, or the governing boards of |
---|
358 | | - | instrumentalities of counties including waterworks boards, |
---|
359 | | - | sewer boards, gas boards, and other like utility boards and |
---|
360 | | - | commissions." |
---|
361 | | - | "§41-4-120 |
---|
362 | | - | There is created within the Department of Finance the |
---|
363 | | - | Office of the Chief Procurement Officer Division of |
---|
364 | | - | Procurement, headed by the Chief Procurement Officer." |
---|
365 | | - | "§41-4-122 |
---|
366 | | - | (a) The Chief Procurement Officer shall serve as the |
---|
367 | | - | central procurement officer of the state. |
---|
368 | | - | (b) Consistent with this article, the Chief Procurement |
---|
369 | | - | Officer shall adopt operational procedures governing the |
---|
370 | | - | internal functions of the Office of the Chief Procurement |
---|
371 | | - | Officer Division of Procurement . |
---|
372 | | - | (c) Except as otherwise specifically provided in this |
---|
373 | | - | article, the Chief Procurement Officer, in accordance with |
---|
374 | | - | rules adopted under this article, shall do all of the |
---|
375 | | - | following: |
---|
376 | | - | (1) Except for alcoholic beverages, which shall be |
---|
377 | | - | purchased by the Alcoholic Beverage Control Board, procure or |
---|
378 | | - | supervise the procurement of all supplies and services needed |
---|
379 | | - | by the state. |
---|
380 | | - | (2) Ensure compliance with this article and the rules |
---|
| 348 | + | (21) PROFESSIONAL SERVICES. The services of physicians, |
---|
| 349 | + | architects, engineers, landscape architects, land surveyors, |
---|
| 350 | + | geoscientists, attorneys, teachers, artists, appraisers, and |
---|
| 351 | + | other individuals, or business entities offering the services |
---|
| 352 | + | of those individuals, who possess a high degree of scientific |
---|
| 353 | + | or specialized skill and knowledge where the experience and |
---|
| 354 | + | professional qualifications of the service provider are |
---|
| 355 | + | particularly relevant to the provision of the required |
---|
| 356 | + | service. The term also includes the management or |
---|
| 357 | + | administration of any occupational licensing board, as defined |
---|
| 358 | + | under Section 41-9A-1, by a person other than a state |
---|
| 359 | + | employee. |
---|
| 360 | + | (22) PUBLIC FUNDS. Money, regardless of its source, |
---|
| 361 | + | that is owned or held by a governmental body. |
---|
| 362 | + | (23) PUBLIC NOTICE. The distribution or dissemination |
---|
| 363 | + | of information to interested parties using methods that are |
---|
| 364 | + | reasonably available, including, but not limited to, |
---|
| 365 | + | publication in newspapers of general circulation, electronic |
---|
| 366 | + | or paper mailing lists, and websites designated by the state |
---|
| 367 | + | and maintained for that purpose. |
---|
| 368 | + | (24) PURCHASING AGENCY. A governmental body, other than |
---|
| 369 | + | the Office of the Chief Procurement Officer, that is |
---|
| 370 | + | authorized by this article, its implementing rules, or by |
---|
| 371 | + | delegation from the Chief Procurement Officer to enter into |
---|
| 372 | + | contracts. |
---|
| 373 | + | (25) SERVICES. The furnishing of labor, time, or effort |
---|
| 374 | + | by a contractor. The term does not include the delivery of a |
---|
| 375 | + | specific end product, other than reports that are merely |
---|
410 | | - | implementing this article by reviewing and monitoring |
---|
411 | | - | procurements conducted by any designee, department, agency, or |
---|
412 | | - | official delegated authority under Section 41-4-123. |
---|
413 | | - | (3) Require, upon request of the Chief Procurement |
---|
414 | | - | Officer, the periodic reporting of all procurement by or for |
---|
415 | | - | counties, the purchase, contract, or lease price of which is |
---|
416 | | - | one hundred dollars ($100) or more, and require information in |
---|
417 | | - | connection therewith; to prescribe forms and fix the time for |
---|
418 | | - | submitting such reports; and, when requested by any county, |
---|
419 | | - | municipal corporation, other local public body, including any |
---|
420 | | - | board of education, to make such purchase contract, or lease |
---|
421 | | - | for it. It shall be the duty of every county to make the |
---|
422 | | - | report on forms furnished by the Office of the Chief |
---|
423 | | - | Procurement Officer whenever requested to do so, but not more |
---|
424 | | - | than once every 30 days. |
---|
425 | | - | (4)(3) Perform other functions and duties of the |
---|
426 | | - | Department of Finance as may be assigned by the Director of |
---|
427 | | - | Finance. |
---|
428 | | - | (d) The Chief Procurement Officer may establish and |
---|
429 | | - | maintain a system for the purchase of supplies and services by |
---|
430 | | - | governmental bodies that conduct their procurement activities |
---|
431 | | - | through the Office of the Chief Procurement Officer Division |
---|
432 | | - | of Procurement, through the utilization of approved credit |
---|
433 | | - | cards. County and municipal governments and instrumentalities |
---|
434 | | - | or public corporations thereof may participate in the state |
---|
435 | | - | fleet fuel card program subject to the terms and conditions of |
---|
436 | | - | the program related to the utilization of the fleet fuel card; |
---|
437 | | - | provided, however, that county and municipal governments and |
---|
| 405 | + | incidental to the required performance. |
---|
| 406 | + | (26) SIGNATURE. A manual signature or an electronic |
---|
| 407 | + | signature, as defined in Section 8-1A-2. |
---|
| 408 | + | (27) SOLICITATION. Any request to submit quotes, bids, |
---|
| 409 | + | or offers to the state for the procurement of supplies or |
---|
| 410 | + | services. The term includes invitations to bid and requests |
---|
| 411 | + | for proposals. |
---|
| 412 | + | (28) SUPPLIES. All property, including equipment, |
---|
| 413 | + | materials, and printing. The term does not include land or a |
---|
| 414 | + | permanent interest in land. |
---|
| 415 | + | (29) USING AGENCY. A governmental body that utilizes |
---|
| 416 | + | any supplies or services procured under this article. |
---|
| 417 | + | (30) WRITTEN or IN WRITING. The product of any method |
---|
| 418 | + | of forming characters on paper, other materials, or viewable |
---|
| 419 | + | screens, which can be read, retrieved, and reproduced, |
---|
| 420 | + | including information that is electronically transmitted and |
---|
| 421 | + | stored. |
---|
| 422 | + | (b) The terms state, state department, state agency, |
---|
| 423 | + | agency, state entity, instrumentality of the state, and |
---|
| 424 | + | governmental body do not include municipalities, political |
---|
| 425 | + | subdivisions, county commissions, or the governing boards of |
---|
| 426 | + | instrumentalities of counties including waterworks boards, |
---|
| 427 | + | sewer boards, gas boards, and other like utility boards and |
---|
| 428 | + | commissions." |
---|
| 429 | + | "§41-4-120 |
---|
| 430 | + | There is created within the Department of Finance the |
---|
| 431 | + | Office of the Chief Procurement Officer Division of |
---|
| 432 | + | Procurement, headed by the Chief Procurement Officer." |
---|
467 | | - | instrumentalities or public corporations thereof shall not |
---|
468 | | - | otherwise be subject to this subsection. The Chief Procurement |
---|
469 | | - | Officer shall establish by rule a process for the competitive |
---|
470 | | - | solicitation of credit card providers. The state Comptroller |
---|
471 | | - | and the Chief Procurement Officer shall adopt fiscal |
---|
472 | | - | procedures governing the payment of charges incurred by credit |
---|
473 | | - | card users and the utilization of credit cards. The use of |
---|
474 | | - | approved credit cards shall be established by the state |
---|
475 | | - | Comptroller and the Chief Procurement Officer, with the |
---|
476 | | - | approval of the Director of Finance, and be published through |
---|
477 | | - | the Alabama fiscal procedures, in which each purchase made |
---|
478 | | - | using approved credit cards is required to have prior approval |
---|
479 | | - | by the department head or his or her designee and a record of |
---|
480 | | - | each purchase and approval is to be maintained. The Chief |
---|
481 | | - | Procurement Officer may select the provider or providers |
---|
482 | | - | offering the highest fees to the division for the use of its |
---|
483 | | - | credit card or credit cards. Fees received by the division for |
---|
484 | | - | the use of credit cards shall be placed in a special fund |
---|
485 | | - | entitled the State Procurement Fund in the State Treasury for |
---|
486 | | - | the use of the division and the funds shall be appropriated, |
---|
487 | | - | budgeted, and allotted in accordance with Sections 41-4-80 to |
---|
488 | | - | 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and |
---|
489 | | - | only in amounts stipulated in general appropriations bills and |
---|
490 | | - | other appropriation bills. Approved credit cards may be issued |
---|
491 | | - | to requisitioning agencies upon the recommendation of the |
---|
492 | | - | Chief Procurement Officer and the approval of the Director of |
---|
493 | | - | Finance. Approved credit cards shall be assigned to the |
---|
494 | | - | department and limited in number. Approved credit cards may be |
---|
| 462 | + | "§41-4-122 |
---|
| 463 | + | (a) The Chief Procurement Officer shall serve as the |
---|
| 464 | + | central procurement officer of the state. |
---|
| 465 | + | (b) Consistent with this article, the Chief Procurement |
---|
| 466 | + | Officer shall adopt operational procedures governing the |
---|
| 467 | + | internal functions of the Office of the Chief Procurement |
---|
| 468 | + | Officer Division of Procurement . |
---|
| 469 | + | (c) Except as otherwise specifically provided in this |
---|
| 470 | + | article, the Chief Procurement Officer, in accordance with |
---|
| 471 | + | rules adopted under this article, shall do all of the |
---|
| 472 | + | following: |
---|
| 473 | + | (1) Except for alcoholic beverages, which shall be |
---|
| 474 | + | purchased by the Alcoholic Beverage Control Board, procure or |
---|
| 475 | + | supervise the procurement of all supplies and services needed |
---|
| 476 | + | by the state. |
---|
| 477 | + | (2) Ensure compliance with this article and the rules |
---|
| 478 | + | implementing this article by reviewing and monitoring |
---|
| 479 | + | procurements conducted by any designee, department, agency, or |
---|
| 480 | + | official delegated authority under Section 41-4-123. |
---|
| 481 | + | (3) Require, upon request of the Chief Procurement |
---|
| 482 | + | Officer, the periodic reporting of all procurement by or for |
---|
| 483 | + | counties, the purchase, contract, or lease price of which is |
---|
| 484 | + | one hundred dollars ($100) or more, and require information in |
---|
| 485 | + | connection therewith; to prescribe forms and fix the time for |
---|
| 486 | + | submitting such reports; and, when requested by any county, |
---|
| 487 | + | municipal corporation, other local public body, including any |
---|
| 488 | + | board of education, to make such purchase contract, or lease |
---|
524 | | - | utilized to purchase items of supplies and services, and may |
---|
525 | | - | not exceed the limitations set forth by rule. The director of |
---|
526 | | - | the governmental body utilizing credit cards is responsible |
---|
527 | | - | for the proper use of credit cards assigned to his or her |
---|
528 | | - | agency, in accordance with rules established by Alabama fiscal |
---|
529 | | - | procedures. The Chief Procurement Officer may collect any |
---|
530 | | - | credit card from any governmental body at any time due to |
---|
531 | | - | improper use. The Chief Procurement Officer shall submit an |
---|
532 | | - | annual report and accounting regarding the use of credit cards |
---|
533 | | - | by each governmental body to the Director of Finance and the |
---|
534 | | - | Governor. |
---|
535 | | - | (e) The Office of the Chief Procurement Officer |
---|
536 | | - | Division of Procurement may charge a biannual registration fee |
---|
537 | | - | to vendors desiring to register with the office to receive |
---|
538 | | - | invitations to bid for any supplies or services solicited by |
---|
539 | | - | the division and to governmental bodies for their |
---|
540 | | - | proportionate share of operating costs of the office. Any fee |
---|
541 | | - | shall be set by administrative rule upon the approval of the |
---|
542 | | - | Director of Finance. Any fees collected under this subsection |
---|
543 | | - | shall be deposited in the State Treasury to the credit of the |
---|
544 | | - | State Procurement Fund and shall be appropriated, budgeted, |
---|
545 | | - | and allotted in accordance with Sections 41-4-80 to 41-4-96, |
---|
546 | | - | inclusive, and 41-19-1 to 41-19-12, inclusive, and only in |
---|
547 | | - | amounts stipulated in general appropriations bills and other |
---|
548 | | - | appropriation bills. |
---|
549 | | - | (f) The Chief Procurement Officer may make purchases, |
---|
550 | | - | contracts, or leases for any county, instrumentality of a |
---|
551 | | - | county, municipal corporation, local board of education, or |
---|
552 | | - | other local public body upon the request of the local public |
---|
553 | | - | body. |
---|
554 | | - | (f)(g) The Chief Procurement Officer shall adopt rules |
---|
555 | | - | consistent with this article to govern the procurement of |
---|
556 | | - | supplies and services procured by the state." |
---|
| 518 | + | for it. It shall be the duty of every county to make the |
---|
| 519 | + | report on forms furnished by the Office of the Chief |
---|
| 520 | + | Procurement Officer Division of Procurement , whenever |
---|
| 521 | + | requested to do so, but not more than once every 30 days. |
---|
| 522 | + | (4) Perform other functions and duties of the |
---|
| 523 | + | Department of Finance as may be assigned by the Director of |
---|
| 524 | + | Finance. |
---|
| 525 | + | (d) The Chief Procurement Officer may establish and |
---|
| 526 | + | maintain a system for the purchase of supplies and services by |
---|
| 527 | + | governmental bodies that conduct their procurement activities |
---|
| 528 | + | through the Office of the Chief Procurement Officer Division |
---|
| 529 | + | of Procurement, through the utilization of approved credit |
---|
| 530 | + | cards. County and municipal governments and instrumentalities |
---|
| 531 | + | or public corporations thereof may participate in the state |
---|
| 532 | + | fleet fuel card program subject to the terms and conditions of |
---|
| 533 | + | the program related to the utilization of the fleet fuel card; |
---|
| 534 | + | provided, however, that county and municipal governments and |
---|
| 535 | + | instrumentalities or public corporations thereof shall not |
---|
| 536 | + | otherwise be subject to this subsection. The Chief Procurement |
---|
| 537 | + | Officer shall establish by rule a process for the competitive |
---|
| 538 | + | solicitation of credit card providers. The state Comptroller |
---|
| 539 | + | and the Chief Procurement Officer shall adopt fiscal |
---|
| 540 | + | procedures governing the payment of charges incurred by credit |
---|
| 541 | + | card users and the utilization of credit cards. The use of |
---|
| 542 | + | approved credit cards shall be established by the state |
---|
| 543 | + | Comptroller and the Chief Procurement Officer, with the |
---|
| 544 | + | approval of the Director of Finance, and be published through |
---|
| 545 | + | the Alabama fiscal procedures, in which each purchase made |
---|
584 | | - | 280 |
---|
| 573 | + | 280 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 574 | + | Page 11 |
---|
| 575 | + | using approved credit cards is required to have prior approval |
---|
| 576 | + | by the department head or his or her designee and a record of |
---|
| 577 | + | each purchase and approval is to be maintained. The Chief |
---|
| 578 | + | Procurement Officer may select the provider or providers |
---|
| 579 | + | offering the highest fees to the division for the use of its |
---|
| 580 | + | credit card or credit cards. Fees received by the division for |
---|
| 581 | + | the use of credit cards shall be placed in a special fund |
---|
| 582 | + | entitled the State Procurement Fund in the State Treasury for |
---|
| 583 | + | the use of the division and the funds shall be appropriated, |
---|
| 584 | + | budgeted, and allotted in accordance with Sections 41-4-80 to |
---|
| 585 | + | 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and |
---|
| 586 | + | only in amounts stipulated in general appropriations bills and |
---|
| 587 | + | other appropriation bills. Approved credit cards may be issued |
---|
| 588 | + | to requisitioning agencies upon the recommendation of the |
---|
| 589 | + | Chief Procurement Officer and the approval of the Director of |
---|
| 590 | + | Finance. Approved credit cards shall be assigned to the |
---|
| 591 | + | department and limited in number. Approved credit cards may be |
---|
| 592 | + | utilized to purchase items of supplies and services, and may |
---|
| 593 | + | not exceed the limitations set forth by rule. The director of |
---|
| 594 | + | the governmental body utilizing credit cards is responsible |
---|
| 595 | + | for the proper use of credit cards assigned to his or her |
---|
| 596 | + | agency, in accordance with rules established by Alabama fiscal |
---|
| 597 | + | procedures. The Chief Procurement Officer may collect any |
---|
| 598 | + | credit card from any governmental body at any time due to |
---|
| 599 | + | improper use. The Chief Procurement Officer shall submit an |
---|
| 600 | + | annual report and accounting regarding the use of credit cards |
---|
| 601 | + | by each governmental body to the Director of Finance and the |
---|
| 602 | + | Governor. |
---|
589 | | - | 285 SB100 EnrolledSB100 Enrolled |
---|
590 | | - | Page 11 |
---|
591 | | - | "§41-4-124 |
---|
592 | | - | (a) Except as otherwise provided in this article, all |
---|
593 | | - | rights, powers, duties, and authority relating to the |
---|
594 | | - | procurement of supplies and services now vested in, or |
---|
595 | | - | exercised by, any governmental body under existing law are |
---|
596 | | - | transferred to the Chief Procurement Officer. |
---|
597 | | - | (b) The following governmental bodies are subject to |
---|
598 | | - | this article except as it relates to the purchase of |
---|
599 | | - | professional services and the oversight and authority of the |
---|
600 | | - | Chief Procurement Officer, but shall establish and maintain |
---|
601 | | - | procurement offices and personnel and shall adopt rules as may |
---|
602 | | - | be necessary to comply with this article: |
---|
603 | | - | (1) All educational and eleemosynary institutions |
---|
604 | | - | governed by a board of trustees or other similar governing |
---|
605 | | - | body. |
---|
606 | | - | (2) The Retirement Systems of Alabama. |
---|
607 | | - | (3) The Department of Mental Health. |
---|
608 | | - | (c) The Alabama Department of Transportation is subject |
---|
609 | | - | to this article except as it relates to the purchase of |
---|
610 | | - | professional services and shall adopt rules governing the |
---|
611 | | - | purchase of professional services by the department which are |
---|
612 | | - | consistent with the principles contained in this article and |
---|
613 | | - | promote fairness, competition, transparency, integrity, and |
---|
614 | | - | value in the procurement process. |
---|
615 | | - | (d) The procurement of any supplies, services, or |
---|
616 | | - | professional services by a district attorney or sheriff shall |
---|
617 | | - | be solely governed by Article 3, commencing with Section |
---|
618 | | - | 41-16-50 of Chapter 16. |
---|
| 607 | + | 285 |
---|
641 | | - | 308 |
---|
| 630 | + | 308 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 631 | + | Page 12 |
---|
| 632 | + | (e) The Office of the Chief Procurement Officer |
---|
| 633 | + | Division of Procurement may charge a biannual registration fee |
---|
| 634 | + | to vendors desiring to register with the office to receive |
---|
| 635 | + | invitations to bid for any supplies or services solicited by |
---|
| 636 | + | the division and to governmental bodies for their |
---|
| 637 | + | proportionate share of operating costs of the office. Any fee |
---|
| 638 | + | shall be set by administrative rule upon the approval of the |
---|
| 639 | + | Director of Finance. Any fees collected under this subsection |
---|
| 640 | + | shall be deposited in the State Treasury to the credit of the |
---|
| 641 | + | State Procurement Fund and shall be appropriated, budgeted, |
---|
| 642 | + | and allotted in accordance with Sections 41-4-80 to 41-4-96, |
---|
| 643 | + | inclusive, and 41-19-1 to 41-19-12, inclusive, and only in |
---|
| 644 | + | amounts stipulated in general appropriations bills and other |
---|
| 645 | + | appropriation bills. |
---|
| 646 | + | (f) The Chief Procurement Officer shall adopt rules |
---|
| 647 | + | consistent with this article to govern the procurement of |
---|
| 648 | + | supplies and services procured by the state." |
---|
| 649 | + | "§41-4-124 |
---|
| 650 | + | (a) Except as otherwise provided in this article, all |
---|
| 651 | + | rights, powers, duties, and authority relating to the |
---|
| 652 | + | procurement of supplies and services now vested in, or |
---|
| 653 | + | exercised by, any governmental body under existing law are |
---|
| 654 | + | transferred to the Chief Procurement Officer. |
---|
| 655 | + | (b) The following governmental bodies are subject to |
---|
| 656 | + | this article except as it relates to the purchase of |
---|
| 657 | + | professional services and the oversight and authority of the |
---|
| 658 | + | Chief Procurement Officer, but shall establish and maintain |
---|
| 659 | + | procurement offices and personnel and shall adopt rules as may |
---|
646 | | - | 313 SB100 EnrolledSB100 Enrolled |
---|
647 | | - | Page 12 |
---|
648 | | - | (d)(e) The procurement of any supplies or services by a |
---|
649 | | - | legislative agency or judicial agency shall be solely governed |
---|
650 | | - | by procedures adopted by the Legislative Council for all |
---|
651 | | - | legislative agencies and by rules adopted by the Supreme Court |
---|
652 | | - | of Alabama for all judicial agencies. The procedures adopted |
---|
653 | | - | shall be consistent with any applicable requirements of the |
---|
654 | | - | Constitution of Alabama of 1901 2022, and shall be established |
---|
655 | | - | in accordance with the underlying purposes and policies of |
---|
656 | | - | promoting responsible and efficient use of public funds |
---|
657 | | - | dedicated and appropriated to the agencies for their use, |
---|
658 | | - | providing consistency of application of rules and requirements |
---|
659 | | - | across all agencies within the applicable branch of state |
---|
660 | | - | government, and promoting fairness, competition, transparency, |
---|
661 | | - | integrity, and value in the procurement process. In no case |
---|
662 | | - | may the legislative and judicial departments of the state |
---|
663 | | - | adopt procedures that conflict with the laws of this state |
---|
664 | | - | regarding the public disclosure of the use of public funds and |
---|
665 | | - | the transparency of public expenditures, or that otherwise |
---|
666 | | - | conflict with state law regarding public records and public |
---|
667 | | - | access to those records. Except for the requirement to act in |
---|
668 | | - | good faith, no other provision of this article shall apply to |
---|
669 | | - | legislative or judicial agencies; provided, that the |
---|
670 | | - | legislative and judicial departments may adopt all or any part |
---|
671 | | - | of this article and its accompanying rules. |
---|
672 | | - | (e)(f) The procurement of any supplies or services by |
---|
673 | | - | the Alabama State Port Authority shall be solely governed by |
---|
674 | | - | procedures adopted by the Board of Directors of the Alabama |
---|
675 | | - | State Port Authority. The procedures adopted shall be |
---|
| 664 | + | 313 |
---|
698 | | - | 336 |
---|
| 687 | + | 336 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 688 | + | Page 13 |
---|
| 689 | + | be necessary to comply with this article: |
---|
| 690 | + | (1) All educational and eleemosynary institutions |
---|
| 691 | + | governed by a board of trustees or other similar governing |
---|
| 692 | + | body. |
---|
| 693 | + | (2) The Retirement Systems of Alabama. |
---|
| 694 | + | (3) The Department of Mental Health. |
---|
| 695 | + | (c) The Alabama Department of Transportation is subject |
---|
| 696 | + | to this article except as it relates to the purchase of |
---|
| 697 | + | professional services and shall adopt rules governing the |
---|
| 698 | + | purchase of professional services by the department which are |
---|
| 699 | + | consistent with the principles contained in this article and |
---|
| 700 | + | promote fairness, competition, transparency, integrity, and |
---|
| 701 | + | value in the procurement process. |
---|
| 702 | + | (d) The procurement of any supplies, services, or |
---|
| 703 | + | professional services by a district attorney or sheriff shall |
---|
| 704 | + | be solely governed by Article 3, commencing with Section |
---|
| 705 | + | 41-16-50 of Chapter 16. |
---|
| 706 | + | (d)(e) The procurement of any supplies or services by a |
---|
| 707 | + | legislative agency or judicial agency shall be solely governed |
---|
| 708 | + | by procedures adopted by the Legislative Council for all |
---|
| 709 | + | legislative agencies and by rules adopted by the Supreme Court |
---|
| 710 | + | of Alabama for all judicial agencies. The procedures adopted |
---|
| 711 | + | shall be consistent with any applicable requirements of the |
---|
| 712 | + | Constitution of Alabama of 1901 2022, and shall be established |
---|
| 713 | + | in accordance with the underlying purposes and policies of |
---|
| 714 | + | promoting responsible and efficient use of public funds |
---|
| 715 | + | dedicated and appropriated to the agencies for their use, |
---|
| 716 | + | providing consistency of application of rules and requirements |
---|
703 | | - | 341 SB100 EnrolledSB100 Enrolled |
---|
704 | | - | Page 13 |
---|
705 | | - | consistent with any applicable requirements of the |
---|
706 | | - | Constitution of Alabama of 1901 2022, and shall be established |
---|
707 | | - | in accordance with the underlying purposes and policies of |
---|
708 | | - | promoting responsible and efficient use of the funds of the |
---|
709 | | - | Alabama State Port Authority, providing consistency of |
---|
710 | | - | application of rules and requirements across all agencies |
---|
711 | | - | within the applicable branch of state government, and |
---|
712 | | - | promoting fairness, competition, transparency, integrity, and |
---|
713 | | - | value in the procurement process. Except for the protection of |
---|
714 | | - | information otherwise legally considered commercially |
---|
715 | | - | confidential, sensitive, or of a nature that upon release |
---|
716 | | - | would harm the competitive advantage of itself or its |
---|
717 | | - | customers, concessionaires, lessees, or suppliers, the Alabama |
---|
718 | | - | State Port Authority may not adopt procedures that conflict |
---|
719 | | - | with the laws of this state regarding the public disclosure of |
---|
720 | | - | the use of its funds and the transparency of its expenditures, |
---|
721 | | - | or that otherwise conflict with state law regarding public |
---|
722 | | - | records and public access to those records. Except as provided |
---|
723 | | - | in this subsection and the requirement to act in good faith, |
---|
724 | | - | no other provision of this article shall apply to the Alabama |
---|
725 | | - | State Port Authority; provided, however, that the Alabama |
---|
726 | | - | State Port Authority may adopt all or any part of this article |
---|
727 | | - | and its accompanying rules." |
---|
728 | | - | "§41-4-125 |
---|
729 | | - | (a)(1) Except as otherwise provided in this section, |
---|
730 | | - | attorneys retained to represent the state in litigation shall |
---|
731 | | - | be appointed by the Attorney General in consultation with the |
---|
732 | | - | Governor from a list of attorneys maintained by the Attorney |
---|
| 721 | + | 341 |
---|
755 | | - | 364 |
---|
| 744 | + | 364 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 745 | + | Page 14 |
---|
| 746 | + | across all agencies within the applicable branch of state |
---|
| 747 | + | government, and promoting fairness, competition, transparency, |
---|
| 748 | + | integrity, and value in the procurement process. In no case |
---|
| 749 | + | may the legislative and judicial departments of the state |
---|
| 750 | + | adopt procedures that conflict with the laws of this state |
---|
| 751 | + | regarding the public disclosure of the use of public funds and |
---|
| 752 | + | the transparency of public expenditures, or that otherwise |
---|
| 753 | + | conflict with state law regarding public records and public |
---|
| 754 | + | access to those records. Except for the requirement to act in |
---|
| 755 | + | good faith, no other provision of this article shall apply to |
---|
| 756 | + | legislative or judicial agencies; provided, that the |
---|
| 757 | + | legislative and judicial departments may adopt all or any part |
---|
| 758 | + | of this article and its accompanying rules. |
---|
| 759 | + | (e)(f) The procurement of any supplies or services by |
---|
| 760 | + | the Alabama State Port Authority shall be solely governed by |
---|
| 761 | + | procedures adopted by the Board of Directors of the Alabama |
---|
| 762 | + | State Port Authority. The procedures adopted shall be |
---|
| 763 | + | consistent with any applicable requirements of the |
---|
| 764 | + | Constitution of Alabama of 1901 2022, and shall be established |
---|
| 765 | + | in accordance with the underlying purposes and policies of |
---|
| 766 | + | promoting responsible and efficient use of the funds of the |
---|
| 767 | + | Alabama State Port Authority, providing consistency of |
---|
| 768 | + | application of rules and requirements across all agencies |
---|
| 769 | + | within the applicable branch of state government, and |
---|
| 770 | + | promoting fairness, competition, transparency, integrity, and |
---|
| 771 | + | value in the procurement process. Except for the protection of |
---|
| 772 | + | information otherwise legally considered commercially |
---|
| 773 | + | confidential, sensitive, or of a nature that upon release |
---|
760 | | - | 369 SB100 EnrolledSB100 Enrolled |
---|
761 | | - | Page 14 |
---|
762 | | - | General. All attorneys interested in representing the state |
---|
763 | | - | may apply and shall be included on the list. The selection of |
---|
764 | | - | the attorney or law firm shall be based upon the level of |
---|
765 | | - | skill, experience, and expertise required in the litigation |
---|
766 | | - | and the fees charged by the attorney or law firm shall be |
---|
767 | | - | taken into consideration so that the state receives the best |
---|
768 | | - | representation for the funds paid. Fees shall be negotiated |
---|
769 | | - | and approved by the Governor in consultation with the Attorney |
---|
770 | | - | General. Maximum fees paid for legal representation that does |
---|
771 | | - | not involve a contingency fee contract may be established by |
---|
772 | | - | executive order of the Governor. |
---|
773 | | - | (2) Attorneys retained by any state purchasing entity |
---|
774 | | - | to render nonlitigation legal services shall be selected by |
---|
775 | | - | the entity from a list of attorneys maintained by the Legal |
---|
776 | | - | Advisor to the Governor. All attorneys interested in |
---|
777 | | - | representing any purchasing state entity may apply and shall |
---|
778 | | - | be included on the list. The selection of the attorney or law |
---|
779 | | - | firm shall be based upon the level of skill, experience, and |
---|
780 | | - | expertise required for the services, but the fees charged by |
---|
781 | | - | the attorney or law firm shall be taken into consideration so |
---|
782 | | - | that the state entity shall receive the best representation |
---|
783 | | - | for the funds paid. Fees for the services shall be negotiated |
---|
784 | | - | by the state entity requiring the services and shall be |
---|
785 | | - | subject to the review and approval of the Governor or the |
---|
786 | | - | Director of Finance when so designated by the Governor. |
---|
787 | | - | (b) This section article does not apply to either of |
---|
788 | | - | the following: |
---|
789 | | - | (1) The appointment of attorneys or experts by a court. |
---|
| 778 | + | 369 |
---|
812 | | - | 392 |
---|
| 801 | + | 392 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 802 | + | Page 15 |
---|
| 803 | + | would harm the competitive advantage of itself or its |
---|
| 804 | + | customers, concessionaires, lessees, or suppliers, the Alabama |
---|
| 805 | + | State Port Authority may not adopt procedures that conflict |
---|
| 806 | + | with the laws of this state regarding the public disclosure of |
---|
| 807 | + | the use of its funds and the transparency of its expenditures, |
---|
| 808 | + | or that otherwise conflict with state law regarding public |
---|
| 809 | + | records and public access to those records. Except as provided |
---|
| 810 | + | in this subsection and the requirement to act in good faith, |
---|
| 811 | + | no other provision of this article shall apply to the Alabama |
---|
| 812 | + | State Port Authority; provided, however, that the Alabama |
---|
| 813 | + | State Port Authority may adopt all or any part of this article |
---|
| 814 | + | and its accompanying rules." |
---|
| 815 | + | "§41-4-125 |
---|
| 816 | + | (a)(1) Except as otherwise provided in this section, |
---|
| 817 | + | attorneys retained to represent the state in litigation shall |
---|
| 818 | + | be appointed by the Attorney General in consultation with the |
---|
| 819 | + | Governor from a list of attorneys maintained by the Attorney |
---|
| 820 | + | General. All attorneys interested in representing the state |
---|
| 821 | + | may apply and shall be included on the list. The selection of |
---|
| 822 | + | the attorney or law firm shall be based upon the level of |
---|
| 823 | + | skill, experience, and expertise required in the litigation |
---|
| 824 | + | and the fees charged by the attorney or law firm shall be |
---|
| 825 | + | taken into consideration so that the state receives the best |
---|
| 826 | + | representation for the funds paid. Fees shall be negotiated |
---|
| 827 | + | and approved by the Governor in consultation with the Attorney |
---|
| 828 | + | General. Maximum fees paid for legal representation that does |
---|
| 829 | + | not involve a contingency fee contract may be established by |
---|
| 830 | + | executive order of the Governor. |
---|
817 | | - | 397 SB100 EnrolledSB100 Enrolled |
---|
818 | | - | Page 15 |
---|
819 | | - | (2) The retention of experts by the state for the |
---|
820 | | - | purposes of litigation or avoidance of litigation. |
---|
821 | | - | (c) Nothing in this section shall be construed as |
---|
822 | | - | altering or amending the Governor's authority to retain |
---|
823 | | - | attorneys under Section 36-13-2; provided, the Governor shall |
---|
824 | | - | select the attorneys from three proposals received from |
---|
825 | | - | attorneys included on the list maintained by the Attorney |
---|
826 | | - | General. |
---|
827 | | - | (d)(1) A governmental body may not enter into a |
---|
828 | | - | contingency fee contract with any attorney or law firm unless |
---|
829 | | - | the contracting agency makes a written determination prior to |
---|
830 | | - | entering into a contingency fee contract that contingency fee |
---|
831 | | - | representation is both cost effective and in the public |
---|
832 | | - | interest. Any written determination shall include specific |
---|
833 | | - | findings for each of the following factors: |
---|
834 | | - | a. Whether there are sufficient and appropriate legal |
---|
835 | | - | and financial resources within the state to handle the matter |
---|
836 | | - | without a contingency contract. |
---|
837 | | - | b. The expected time and labor required, the novelty, |
---|
838 | | - | complexity, and difficulty of the questions involved, and the |
---|
839 | | - | skill requisite to perform the attorney services properly. |
---|
840 | | - | c. The geographic area where the attorney services are |
---|
841 | | - | to be provided. |
---|
842 | | - | d. The amount of experience desired for the particular |
---|
843 | | - | kind of attorney services to be provided and the nature of the |
---|
844 | | - | private attorney's experience with similar issues or cases. |
---|
845 | | - | (2) Subject to subdivision (3), the state may not enter |
---|
846 | | - | into a contingency fee contract that provides for the |
---|
| 835 | + | 397 |
---|
869 | | - | 420 |
---|
| 858 | + | 420 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 859 | + | Page 16 |
---|
| 860 | + | (2) Attorneys retained by any state purchasing entity |
---|
| 861 | + | to render nonlitigation legal services shall be selected by |
---|
| 862 | + | the entity from a list of attorneys maintained by the Legal |
---|
| 863 | + | Advisor to the Governor. All attorneys interested in |
---|
| 864 | + | representing any purchasing state entity may apply and shall |
---|
| 865 | + | be included on the list. The selection of the attorney or law |
---|
| 866 | + | firm shall be based upon the level of skill, experience, and |
---|
| 867 | + | expertise required for the services, but the fees charged by |
---|
| 868 | + | the attorney or law firm shall be taken into consideration so |
---|
| 869 | + | that the state entity shall receive the best representation |
---|
| 870 | + | for the funds paid. Fees for the services shall be negotiated |
---|
| 871 | + | by the state entity requiring the services and shall be |
---|
| 872 | + | subject to the review and approval of the Governor or the |
---|
| 873 | + | Director of Finance when so designated by the Governor. |
---|
| 874 | + | (b) This section article does not apply to either of |
---|
| 875 | + | the following: |
---|
| 876 | + | (1) The appointment of attorneys or experts by a court. |
---|
| 877 | + | (2) The retention of experts by the state for the |
---|
| 878 | + | purposes of litigation or avoidance of litigation. |
---|
| 879 | + | (c) Nothing in this section shall be construed as |
---|
| 880 | + | altering or amending the Governor's authority to retain |
---|
| 881 | + | attorneys under Section 36-13-2; provided, the Governor shall |
---|
| 882 | + | select the attorneys from three proposals received from |
---|
| 883 | + | attorneys included on the list maintained by the Attorney |
---|
| 884 | + | General. |
---|
| 885 | + | (d)(1) A governmental body may not enter into a |
---|
| 886 | + | contingency fee contract with any attorney or law firm unless |
---|
| 887 | + | the contracting agency makes a written determination prior to |
---|
874 | | - | 425 SB100 EnrolledSB100 Enrolled |
---|
875 | | - | Page 16 |
---|
876 | | - | contingency fee counsel to receive an aggregate contingency |
---|
877 | | - | fee calculated from the gross recovery resulting from a |
---|
878 | | - | judgment or settlement in each action, exclusive of expenses, |
---|
879 | | - | in excess of the total of all of the following: |
---|
880 | | - | a. Twenty-two percent of any recovery of up to that |
---|
881 | | - | does not exceed ten million dollars ($10,000,000); plus |
---|
882 | | - | b. Twenty percent of any portion of the recovery |
---|
883 | | - | between that exceeds ten million dollars ($10,000,000) and but |
---|
884 | | - | does not exceed twenty-five million dollars ($25,000,000); |
---|
885 | | - | plus |
---|
886 | | - | c. Sixteen percent of any portion of the recovery |
---|
887 | | - | between that exceeds twenty-five million dollars ($25,000,000) |
---|
888 | | - | and but does not exceed fifty million dollars ($50,000,000); |
---|
889 | | - | plus |
---|
890 | | - | d. Twelve percent of any portion of the recovery |
---|
891 | | - | between that exceeds fifty million dollars ($50,000,000) and |
---|
892 | | - | but does not exceed seventy-five million dollars |
---|
893 | | - | ($75,000,000); plus |
---|
894 | | - | e. Eight percent of any portion of the recovery between |
---|
895 | | - | seventy-five million dollars ($75,000,000) and one hundred |
---|
896 | | - | million dollars ($100,000,000); plus |
---|
897 | | - | f. Seven and one-tenth (7.1) percent of any portion of |
---|
898 | | - | the recovery exceeding one hundred million dollars |
---|
899 | | - | ($100,000,000). |
---|
900 | | - | (3) The aggregate fee paid under a contingency fee |
---|
901 | | - | contract may not exceed seventy-five million dollars |
---|
902 | | - | ($75,000,000). |
---|
903 | | - | (4) All litigation expenses incurred by the contingency |
---|
| 892 | + | 425 |
---|
926 | | - | 448 |
---|
| 915 | + | 448 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 916 | + | Page 17 |
---|
| 917 | + | entering into a contingency fee contract that contingency fee |
---|
| 918 | + | representation is both cost effective and in the public |
---|
| 919 | + | interest. Any written determination shall include specific |
---|
| 920 | + | findings for each of the following factors: |
---|
| 921 | + | a. Whether there are sufficient and appropriate legal |
---|
| 922 | + | and financial resources within the state to handle the matter |
---|
| 923 | + | without a contingency contract. |
---|
| 924 | + | b. The expected time and labor required, the novelty, |
---|
| 925 | + | complexity, and difficulty of the questions involved, and the |
---|
| 926 | + | skill requisite to perform the attorney services properly. |
---|
| 927 | + | c. The geographic area where the attorney services are |
---|
| 928 | + | to be provided. |
---|
| 929 | + | d. The amount of experience desired for the particular |
---|
| 930 | + | kind of attorney services to be provided and the nature of the |
---|
| 931 | + | private attorney's experience with similar issues or cases. |
---|
| 932 | + | (2) Subject to subdivision (3), the state may not enter |
---|
| 933 | + | into a contingency fee contract that provides for the |
---|
| 934 | + | contingency fee counsel to receive an aggregate contingency |
---|
| 935 | + | fee calculated from the gross recovery resulting from a |
---|
| 936 | + | judgment or settlement in each action, exclusive of expenses, |
---|
| 937 | + | in excess of the total of all of the following: |
---|
| 938 | + | a. Twenty-two percent of any recovery of up to that |
---|
| 939 | + | does not exceed ten million dollars ($10,000,000); plus |
---|
| 940 | + | b. Twenty percent of any portion of the recovery |
---|
| 941 | + | between that exceeds ten million dollars ($10,000,000) and but |
---|
| 942 | + | does not exceed twenty-five million dollars ($25,000,000); |
---|
| 943 | + | plus |
---|
| 944 | + | c. Sixteen percent of any portion of the recovery |
---|
931 | | - | 453 SB100 EnrolledSB100 Enrolled |
---|
932 | | - | Page 17 |
---|
933 | | - | fee counsel shall be paid or reimbursed upon approval on a |
---|
934 | | - | monthly basis upon presentation of documentation of the |
---|
935 | | - | expenses to the contracting agency. |
---|
936 | | - | (5) The Attorney General may certify in writing to the |
---|
937 | | - | Governor that, in the opinion of the Attorney General, an |
---|
938 | | - | issue affecting the public health, safety, convenience, or |
---|
939 | | - | economic welfare of the state exists that justifies that the |
---|
940 | | - | contingency fee limitations set forth in subdivision (2) or |
---|
941 | | - | (3) be suspended in the case of a particular contingency fee |
---|
942 | | - | contract. Upon receipt of the written certification, the |
---|
943 | | - | Governor, by the issuance of an executive order, may waive the |
---|
944 | | - | limitations with respect to the specified contingency fee |
---|
945 | | - | contract. |
---|
946 | | - | (6) A governmental body may not enter into a |
---|
947 | | - | contingency fee contract unless all of the following |
---|
948 | | - | requirements are met throughout the entire contract period, |
---|
949 | | - | including any extensions of the period: |
---|
950 | | - | a. A government attorney has complete control over the |
---|
951 | | - | course and conduct of the case. |
---|
952 | | - | b. A government attorney with supervisory authority is |
---|
953 | | - | personally involved in overseeing the litigation. |
---|
954 | | - | c. A government attorney retains veto power over any |
---|
955 | | - | decisions made by the contingency fee counsel. |
---|
956 | | - | d. After giving reasonable notice to the contingency |
---|
957 | | - | fee counsel, any defendant that is the subject of the |
---|
958 | | - | litigation may contact the lead government attorney directly |
---|
959 | | - | unless directed to do otherwise by that attorney. Contingency |
---|
960 | | - | fee counsel shall have the right to may participate in the |
---|
| 949 | + | 453 |
---|
983 | | - | 476 |
---|
| 972 | + | 476 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 973 | + | Page 18 |
---|
| 974 | + | between that exceeds twenty-five million dollars ($25,000,000) |
---|
| 975 | + | and but does not exceed fifty million dollars ($50,000,000); |
---|
| 976 | + | plus |
---|
| 977 | + | d. Twelve percent of any portion of the recovery |
---|
| 978 | + | between that exceeds fifty million dollars ($50,000,000) and |
---|
| 979 | + | but does not exceed seventy-five million dollars |
---|
| 980 | + | ($75,000,000); plus |
---|
| 981 | + | e. Eight percent of any portion of the recovery between |
---|
| 982 | + | seventy-five million dollars ($75,000,000) and one hundred |
---|
| 983 | + | million dollars ($100,000,000); plus |
---|
| 984 | + | f. Seven and one-tenth (7.1) percent of any portion of |
---|
| 985 | + | the recovery exceeding one hundred million dollars |
---|
| 986 | + | ($100,000,000). |
---|
| 987 | + | (3) The aggregate fee paid under a contingency fee |
---|
| 988 | + | contract may not exceed seventy-five million dollars |
---|
| 989 | + | ($75,000,000). |
---|
| 990 | + | (4) All litigation expenses incurred by the contingency |
---|
| 991 | + | fee counsel shall be paid or reimbursed upon approval on a |
---|
| 992 | + | monthly basis upon presentation of documentation of the |
---|
| 993 | + | expenses to the contracting agency. |
---|
| 994 | + | (5) The Attorney General may certify in writing to the |
---|
| 995 | + | Governor that, in the opinion of the Attorney General, an |
---|
| 996 | + | issue affecting the public health, safety, convenience, or |
---|
| 997 | + | economic welfare of the state exists that justifies that the |
---|
| 998 | + | contingency fee limitations set forth in subdivision (2) or |
---|
| 999 | + | (3) be suspended in the case of a particular contingency fee |
---|
| 1000 | + | contract. Upon receipt of the written certification, the |
---|
| 1001 | + | Governor, by the issuance of an executive order, may waive the |
---|
988 | | - | 481 SB100 EnrolledSB100 Enrolled |
---|
989 | | - | Page 18 |
---|
990 | | - | discussion with the lead government attorney or attorneys |
---|
991 | | - | unless, after consultation with contingency fee counsel, the |
---|
992 | | - | lead government attorney agrees to the discussion without |
---|
993 | | - | contingency fee counsel being present. |
---|
994 | | - | e. A government attorney with supervisory authority for |
---|
995 | | - | the case shall attend all settlement conferences. |
---|
996 | | - | f. Decisions regarding settlement of the case shall be |
---|
997 | | - | reserved exclusively to the discretion of the government |
---|
998 | | - | attorney and the state. |
---|
999 | | - | (7) The Attorney General shall develop a standard |
---|
1000 | | - | addendum to every contract for contingent fee attorney |
---|
1001 | | - | services that shall be used in all cases, describing in detail |
---|
1002 | | - | what is expected of both the contingency fee counsel and the |
---|
1003 | | - | state, including, without limitation, the requirements listed |
---|
1004 | | - | in subdivision (6). |
---|
1005 | | - | (8) Copies of any executed contingency fee contract and |
---|
1006 | | - | the contracting agency's written determination to enter into |
---|
1007 | | - | the contingency fee contract with the contingency fee counsel |
---|
1008 | | - | and any payment of any contingency fees shall be posted online |
---|
1009 | | - | as provided in Section 41-4-65. |
---|
1010 | | - | (9) Every contingency fee counsel, from the inception |
---|
1011 | | - | of the contingency fee contract until at least four years |
---|
1012 | | - | after the contract expires or is terminated, shall maintain |
---|
1013 | | - | detailed current records, including documentation of all time |
---|
1014 | | - | records, expenses, disbursements, charges, credits, underlying |
---|
1015 | | - | receipts and invoices, and other financial transactions that |
---|
1016 | | - | concern the provision of the attorney services. The |
---|
1017 | | - | contingency fee counsel shall make all the records available |
---|
| 1006 | + | 481 |
---|
1040 | | - | 504 |
---|
| 1029 | + | 504 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 1030 | + | Page 19 |
---|
| 1031 | + | limitations with respect to the specified contingency fee |
---|
| 1032 | + | contract. |
---|
| 1033 | + | (6) A governmental body may not enter into a |
---|
| 1034 | + | contingency fee contract unless all of the following |
---|
| 1035 | + | requirements are met throughout the entire contract period, |
---|
| 1036 | + | including any extensions of the period: |
---|
| 1037 | + | a. A government attorney has complete control over the |
---|
| 1038 | + | course and conduct of the case. |
---|
| 1039 | + | b. A government attorney with supervisory authority is |
---|
| 1040 | + | personally involved in overseeing the litigation. |
---|
| 1041 | + | c. A government attorney retains veto power over any |
---|
| 1042 | + | decisions made by the contingency fee counsel. |
---|
| 1043 | + | d. After giving reasonable notice to the contingency |
---|
| 1044 | + | fee counsel, any defendant that is the subject of the |
---|
| 1045 | + | litigation may contact the lead government attorney directly |
---|
| 1046 | + | unless directed to do otherwise by that attorney. Contingency |
---|
| 1047 | + | fee counsel shall have the right to may participate in the |
---|
| 1048 | + | discussion with the lead government attorney or attorneys |
---|
| 1049 | + | unless, after consultation with contingency fee counsel, the |
---|
| 1050 | + | lead government attorney agrees to the discussion without |
---|
| 1051 | + | contingency fee counsel being present. |
---|
| 1052 | + | e. A government attorney with supervisory authority for |
---|
| 1053 | + | the case shall attend all settlement conferences. |
---|
| 1054 | + | f. Decisions regarding settlement of the case shall be |
---|
| 1055 | + | reserved exclusively to the discretion of the government |
---|
| 1056 | + | attorney and the state. |
---|
| 1057 | + | (7) The Attorney General shall develop a standard |
---|
| 1058 | + | addendum to every contract for contingent fee attorney |
---|
1045 | | - | 509 SB100 EnrolledSB100 Enrolled |
---|
1046 | | - | Page 19 |
---|
1047 | | - | for inspection and copying upon request by the Governor, |
---|
1048 | | - | Attorney General, or contracting agency. In addition, the |
---|
1049 | | - | contingency fee counsel shall maintain detailed |
---|
1050 | | - | contemporaneous time records for the attorneys and paralegals |
---|
1051 | | - | working on the contract in six minute increments and, upon |
---|
1052 | | - | request, shall provide promptly these records to the Governor, |
---|
1053 | | - | Attorney General, or contracting agency. |
---|
1054 | | - | (10) Any contingency fee paid to a private attorney or |
---|
1055 | | - | law firm shall be paid from the State Treasury from the funds |
---|
1056 | | - | recovered as a result of the contingent contingency fee |
---|
1057 | | - | contract within 30 days of receipt of the recovery unless |
---|
1058 | | - | ordered to do otherwise by a court with jurisdiction over the |
---|
1059 | | - | litigation subject to the contingency fee contract." |
---|
1060 | | - | "§41-4-126 |
---|
1061 | | - | (a) Unless otherwise ordered by rule, with approval of |
---|
1062 | | - | the Governor, the following supplies and services need not be |
---|
1063 | | - | procured through the Office of the Chief Procurement Officer |
---|
1064 | | - | Division of Procurement and are exempt from the competitive |
---|
1065 | | - | requirements of this article: |
---|
1066 | | - | (1) Works of art for museum and public display. |
---|
1067 | | - | (2) Published books in any format such as digital, |
---|
1068 | | - | audio, or hardcopy; maps; periodicals; and technical |
---|
1069 | | - | pamphlets. |
---|
1070 | | - | (3) Utility services where no competition exists or |
---|
1071 | | - | where rates are fixed by law. |
---|
1072 | | - | (4) Purchases of alcoholic beverages by the Alcoholic |
---|
1073 | | - | Beverage Control Board. |
---|
1074 | | - | (5) Purchases of products made or manufactured by the |
---|
| 1063 | + | 509 |
---|
1097 | | - | 532 |
---|
| 1086 | + | 532 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 1087 | + | Page 20 |
---|
| 1088 | + | services that shall be used in all cases, describing in detail |
---|
| 1089 | + | what is expected of both the contingency fee counsel and the |
---|
| 1090 | + | state, including, without limitation, the requirements listed |
---|
| 1091 | + | in subdivision (6). |
---|
| 1092 | + | (8) Copies of any executed contingency fee contract and |
---|
| 1093 | + | the contracting agency's written determination to enter into |
---|
| 1094 | + | the contingency fee contract with the contingency fee counsel |
---|
| 1095 | + | and any payment of any contingency fees shall be posted online |
---|
| 1096 | + | as provided in Section 41-4-65. |
---|
| 1097 | + | (9) Every contingency fee counsel, from the inception |
---|
| 1098 | + | of the contingency fee contract until at least four years |
---|
| 1099 | + | after the contract expires or is terminated, shall maintain |
---|
| 1100 | + | detailed current records, including documentation of all time |
---|
| 1101 | + | records, expenses, disbursements, charges, credits, underlying |
---|
| 1102 | + | receipts and invoices, and other financial transactions that |
---|
| 1103 | + | concern the provision of the attorney services. The |
---|
| 1104 | + | contingency fee counsel shall make all the records available |
---|
| 1105 | + | for inspection and copying upon request by the Governor, |
---|
| 1106 | + | Attorney General, or contracting agency. In addition, the |
---|
| 1107 | + | contingency fee counsel shall maintain detailed |
---|
| 1108 | + | contemporaneous time records for the attorneys and paralegals |
---|
| 1109 | + | working on the contract in six minute increments and, upon |
---|
| 1110 | + | request, shall provide promptly these records to the Governor, |
---|
| 1111 | + | Attorney General, or contracting agency. |
---|
| 1112 | + | (10) Any contingency fee paid to a private attorney or |
---|
| 1113 | + | law firm shall be paid from the State Treasury from the funds |
---|
| 1114 | + | recovered as a result of the contingent contingency fee |
---|
| 1115 | + | contract within 30 days of receipt of the recovery unless |
---|
1102 | | - | 537 SB100 EnrolledSB100 Enrolled |
---|
1103 | | - | Page 20 |
---|
1104 | | - | blind or visually handicapped under the direction or |
---|
1105 | | - | supervision of the Alabama Institute for Deaf and Blind in |
---|
1106 | | - | accordance with Sections 21-2-1 to 21-2-4, inclusive Chapter 2 |
---|
1107 | | - | of Title 21. |
---|
1108 | | - | (6) Photographs purchased from a federal agency. |
---|
1109 | | - | (7) Barter transactions by the Department of |
---|
1110 | | - | Corrections. |
---|
1111 | | - | (8) The purchase of insurance and supplies or services |
---|
1112 | | - | related to the purchase of insurance. |
---|
1113 | | - | (9) Supplies and services that by their very nature are |
---|
1114 | | - | impossible to award by competitive process, as determined by |
---|
1115 | | - | the Chief Procurement Officer. |
---|
1116 | | - | (b) Any state department or agency whose principal |
---|
1117 | | - | business is honorariums is exempted from this chapter on |
---|
1118 | | - | purchases and contracts for services made by that department |
---|
1119 | | - | or agency. |
---|
1120 | | - | (c) Nothing in this article is intended to repeal or |
---|
1121 | | - | limit any provision of Section 23-1-40 or Sections 23-2-140 |
---|
1122 | | - | through 23-2-175 Article 5 or Article 6 of Chapter 2 of Title |
---|
1123 | | - | 23, commencing with Section 23-2-140 , relating to the |
---|
1124 | | - | procurement authority of the State Department of |
---|
1125 | | - | Transportation and the Alabama Toll Road, Bridge and Tunnel |
---|
1126 | | - | Authority. To the extent any provision contained in this |
---|
1127 | | - | article conflicts with Section 23-1-40 or Sections 23-2-140 |
---|
1128 | | - | through 23-2-175 Article 5 or Article 6 of Chapter 2 of Title |
---|
1129 | | - | 23, the latter governs. |
---|
1130 | | - | (d) Nothing in this article repeals or limits any |
---|
1131 | | - | provision of Section 41-4-400, relating to the procurement |
---|
| 1120 | + | 537 |
---|
1154 | | - | 560 |
---|
| 1143 | + | 560 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 1144 | + | Page 21 |
---|
| 1145 | + | ordered to do otherwise by a court with jurisdiction over the |
---|
| 1146 | + | litigation subject to the contingency fee contract." |
---|
| 1147 | + | "§41-4-126 |
---|
| 1148 | + | (a) Unless otherwise ordered by rule, with approval of |
---|
| 1149 | + | the Governor, the following supplies and services need not be |
---|
| 1150 | + | procured through the Office of the Chief Procurement Officer |
---|
| 1151 | + | Division of Procurement and are exempt from the competitive |
---|
| 1152 | + | requirements of this article: |
---|
| 1153 | + | (1) Works of art for museum and public display. |
---|
| 1154 | + | (2) Published books in any format such as digital, |
---|
| 1155 | + | audio, or hardcopy; maps; periodicals; and technical |
---|
| 1156 | + | pamphlets. |
---|
| 1157 | + | (3) Utility services where no competition exists or |
---|
| 1158 | + | where rates are fixed by law. |
---|
| 1159 | + | (4) Purchases of alcoholic beverages by the Alcoholic |
---|
| 1160 | + | Beverage Control Board. |
---|
| 1161 | + | (5) Purchases of products made or manufactured by the |
---|
| 1162 | + | blind or visually handicapped under the direction or |
---|
| 1163 | + | supervision of the Alabama Institute for Deaf and Blind in |
---|
| 1164 | + | accordance with Sections 21-2-1 to 21-2-4, inclusive Chapter 2 |
---|
| 1165 | + | of Title 21. |
---|
| 1166 | + | (6) Photographs purchased from a federal agency. |
---|
| 1167 | + | (7) Barter transactions by the Department of |
---|
| 1168 | + | Corrections. |
---|
| 1169 | + | (8) The purchase of insurance and supplies or services |
---|
| 1170 | + | related to the purchase of insurance. |
---|
| 1171 | + | (9) Supplies and services that by their very nature are |
---|
| 1172 | + | impossible to award by competitive process, as determined by |
---|
1159 | | - | 565 SB100 EnrolledSB100 Enrolled |
---|
1160 | | - | Page 21 |
---|
1161 | | - | authority of the Division of Construction Management. To the |
---|
1162 | | - | extent any provision contained in this article conflicts with |
---|
1163 | | - | Section 41-4-400, the latter governs. |
---|
1164 | | - | (e) Nothing in this article repeals or limits any |
---|
1165 | | - | provision of Section 14-7-8, relating to the procurement |
---|
1166 | | - | authority of Alabama Correctional Industries. To the extent |
---|
1167 | | - | any provision contained in this article conflicts with Section |
---|
1168 | | - | 14-7-8, the latter governs. |
---|
1169 | | - | (f) This article does not apply to any state authority, |
---|
1170 | | - | board, or other entity with respect to contracts relating to |
---|
1171 | | - | the issuance of debt that is required to be repaid from |
---|
1172 | | - | sources other than state funds. |
---|
1173 | | - | (g) This article does not apply to direct health care |
---|
1174 | | - | services provided by the Alabama Department of Public Health. |
---|
1175 | | - | (h) Nothing in this article applies to the |
---|
1176 | | - | administration of health benefit plans by a governmental body |
---|
1177 | | - | and supplies or services related thereto. |
---|
1178 | | - | (i) Except for capital equipment, this article does not |
---|
1179 | | - | apply to the purchase by a public hospital of medical |
---|
1180 | | - | products, medical supplies, medical devices, services, |
---|
1181 | | - | implants, pharmaceuticals, fluids, gases, or any other medical |
---|
1182 | | - | products which are used in the course of treating patients, or |
---|
1183 | | - | to support the treatment of patients. |
---|
1184 | | - | (j)(1) Except as provided in subdivision (2), the |
---|
1185 | | - | purchase of supplies or services negotiated on behalf of |
---|
1186 | | - | two-year and four-year colleges and universities may be |
---|
1187 | | - | awarded without competitive bidding, provided that no state |
---|
1188 | | - | revenues, appropriations, or other state funds are expended or |
---|
| 1177 | + | 565 |
---|
1211 | | - | 588 |
---|
| 1200 | + | 588 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 1201 | + | Page 22 |
---|
| 1202 | + | the Chief Procurement Officer. |
---|
| 1203 | + | (b) Any state department or agency whose principal |
---|
| 1204 | + | business is honorariums is exempted from this chapter on |
---|
| 1205 | + | purchases and contracts for services made by that department |
---|
| 1206 | + | or agency. |
---|
| 1207 | + | (c) Nothing in this article is intended to repeal or |
---|
| 1208 | + | limit any provision of Section 23-1-40 or Sections 23-2-140 |
---|
| 1209 | + | through 23-2-175 Article 5 or Article 6 of Chapter 2 of Title |
---|
| 1210 | + | 23, commencing with Section 23-2-140 , relating to the |
---|
| 1211 | + | procurement authority of the State Department of |
---|
| 1212 | + | Transportation and the Alabama Toll Road, Bridge and Tunnel |
---|
| 1213 | + | Authority. To the extent any provision contained in this |
---|
| 1214 | + | article conflicts with Section 23-1-40 or Sections 23-2-140 |
---|
| 1215 | + | through 23-2-175 Article 5 or Article 6 of Chapter 2 of Title |
---|
| 1216 | + | 23, the latter governs. |
---|
| 1217 | + | (d) Nothing in this article repeals or limits any |
---|
| 1218 | + | provision of Section 41-4-400, relating to the procurement |
---|
| 1219 | + | authority of the Division of Construction Management. To the |
---|
| 1220 | + | extent any provision contained in this article conflicts with |
---|
| 1221 | + | Section 41-4-400, the latter governs. |
---|
| 1222 | + | (e) Nothing in this article repeals or limits any |
---|
| 1223 | + | provision of Section 14-7-8, relating to the procurement |
---|
| 1224 | + | authority of Alabama Correctional Industries. To the extent |
---|
| 1225 | + | any provision contained in this article conflicts with Section |
---|
| 1226 | + | 14-7-8, the latter governs. |
---|
| 1227 | + | (f) This article does not apply to any state authority, |
---|
| 1228 | + | board, or other entity with respect to contracts relating to |
---|
| 1229 | + | the issuance of debt that is required to be repaid from |
---|
1216 | | - | 593 SB100 EnrolledSB100 Enrolled |
---|
1217 | | - | Page 22 |
---|
1218 | | - | committed and when it is determined by the respective board |
---|
1219 | | - | that financial benefits will accrue to the institution. |
---|
1220 | | - | (2) When an Alabama business entity organized under the |
---|
1221 | | - | laws of this state is available to supply the product or |
---|
1222 | | - | service purchased or negotiated under subdivision (1), the |
---|
1223 | | - | Alabama business entity shall have preference unless the |
---|
1224 | | - | product or service supplied by a foreign corporation is |
---|
1225 | | - | substantially different or superior to the product or service |
---|
1226 | | - | supplied by the Alabama business entity. |
---|
1227 | | - | (3) Public notice shall be provided by the purchasing |
---|
1228 | | - | agency within 10 days of the execution of a contract under |
---|
1229 | | - | this subsection. The public notice shall include, at a |
---|
1230 | | - | minimum, the terms and conditions of any of the supplies or |
---|
1231 | | - | services that are contracted through negotiation without being |
---|
1232 | | - | competitively bid and the name and address of the recipient of |
---|
1233 | | - | the contract. |
---|
1234 | | - | (k) This article does not apply to purchases and |
---|
1235 | | - | contracts for the repair of equipment used in the construction |
---|
1236 | | - | and maintenance of highways by the Department of |
---|
1237 | | - | Transportation. |
---|
1238 | | - | (l) This article does not apply to public works |
---|
1239 | | - | projects governed by Title 39. |
---|
1240 | | - | (m) This article does not apply to the purchase by the |
---|
1241 | | - | Department of Transportation of road building materials for |
---|
1242 | | - | transportation infrastructure in the state. Road building |
---|
1243 | | - | materials may be purchased from private land owners or |
---|
1244 | | - | commercial providers from the nearest or most cost-effective |
---|
1245 | | - | source available for the particular application. Road building |
---|
| 1234 | + | 593 |
---|
1268 | | - | 616 |
---|
| 1257 | + | 616 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 1258 | + | Page 23 |
---|
| 1259 | + | sources other than state funds. |
---|
| 1260 | + | (g) This article does not apply to direct health care |
---|
| 1261 | + | services provided by the Alabama Department of Public Health. |
---|
| 1262 | + | (h) Nothing in this article applies to the |
---|
| 1263 | + | administration of health benefit plans by a governmental body |
---|
| 1264 | + | and supplies or services related thereto. |
---|
| 1265 | + | (i) Except for capital equipment, this article does not |
---|
| 1266 | + | apply to the purchase by a public hospital of medical |
---|
| 1267 | + | products, medical supplies, medical devices, services, |
---|
| 1268 | + | implants, pharmaceuticals, fluids, gases, or any other medical |
---|
| 1269 | + | products which are used in the course of treating patients, or |
---|
| 1270 | + | to support the treatment of patients. |
---|
| 1271 | + | (j)(1) Except as provided in subdivision (2), the |
---|
| 1272 | + | purchase of supplies or services negotiated on behalf of |
---|
| 1273 | + | two-year and four-year colleges and universities may be |
---|
| 1274 | + | awarded without competitive bidding, provided that no state |
---|
| 1275 | + | revenues, appropriations, or other state funds are expended or |
---|
| 1276 | + | committed and when it is determined by the respective board |
---|
| 1277 | + | that financial benefits will accrue to the institution. |
---|
| 1278 | + | (2) When an Alabama business entity organized under the |
---|
| 1279 | + | laws of this state is available to supply the product or |
---|
| 1280 | + | service purchased or negotiated under subdivision (1), the |
---|
| 1281 | + | Alabama business entity shall have preference unless the |
---|
| 1282 | + | product or service supplied by a foreign corporation is |
---|
| 1283 | + | substantially different or superior to the product or service |
---|
| 1284 | + | supplied by the Alabama business entity. |
---|
| 1285 | + | (3) Public notice shall be provided by the purchasing |
---|
| 1286 | + | agency within 10 days of the execution of a contract under |
---|
1273 | | - | 621 SB100 EnrolledSB100 Enrolled |
---|
1274 | | - | Page 23 |
---|
1275 | | - | materials include dirt, gravel, stone, slag, or borrow |
---|
1276 | | - | materials, in natural state or processed by crushing, grading, |
---|
1277 | | - | or screening processes. |
---|
1278 | | - | (n) This article does not apply to purchases of |
---|
1279 | | - | supplies and services for the maintenance and operation of |
---|
1280 | | - | highway infrastructure and right-of-way by the Department of |
---|
1281 | | - | Transportation. |
---|
1282 | | - | (o) Nothing in this article is intended to repeal or |
---|
1283 | | - | limit any provision of Article 2, Chapter 1, Title 23, |
---|
1284 | | - | relating to the powers and authority of the Department of |
---|
1285 | | - | Transportation. To the extent any provision contained in this |
---|
1286 | | - | article conflicts with Article 2, Chapter 1, Title 23, the |
---|
1287 | | - | latter governs. |
---|
1288 | | - | (p) Governmental bodies may purchase supplies from any |
---|
1289 | | - | vendor that offers the item at a price at least ten percent |
---|
1290 | | - | below the price established on a statewide contract by the |
---|
1291 | | - | Office of the Chief Procurement Officer Division of |
---|
1292 | | - | Procurement for the same item, provided that each purchase, |
---|
1293 | | - | whether for a single item or multiple items, does not exceed |
---|
1294 | | - | an amount established by rules of the Chief Procurement |
---|
1295 | | - | Officer. The Office of the Chief Procurement Officer Division |
---|
1296 | | - | of Procurement shall confirm that the terms and conditions of |
---|
1297 | | - | the purchases are substantially similar to those of the |
---|
1298 | | - | statewide contract for the same item prior to the approval of |
---|
1299 | | - | any purchase under this subsection. Any purchase that would be |
---|
1300 | | - | directly connected to any information technology network used |
---|
1301 | | - | by the state shall require prior approval by the Secretary of |
---|
1302 | | - | Information Technology. If the purchaser is to take possession |
---|
| 1291 | + | 621 |
---|
1325 | | - | 644 |
---|
| 1314 | + | 644 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 1315 | + | Page 24 |
---|
| 1316 | + | this subsection. The public notice shall include, at a |
---|
| 1317 | + | minimum, the terms and conditions of any of the supplies or |
---|
| 1318 | + | services that are contracted through negotiation without being |
---|
| 1319 | + | competitively bid and the name and address of the recipient of |
---|
| 1320 | + | the contract. |
---|
| 1321 | + | (k) This article does not apply to purchases and |
---|
| 1322 | + | contracts for the repair of equipment used in the construction |
---|
| 1323 | + | and maintenance of highways by the Department of |
---|
| 1324 | + | Transportation. |
---|
| 1325 | + | (l) This article does not apply to public works |
---|
| 1326 | + | projects governed by Title 39. |
---|
| 1327 | + | (m) This article does not apply to the purchase by the |
---|
| 1328 | + | Department of Transportation of road building materials for |
---|
| 1329 | + | transportation infrastructure in the state. Road building |
---|
| 1330 | + | materials may be purchased from private land owners or |
---|
| 1331 | + | commercial providers from the nearest or most cost-effective |
---|
| 1332 | + | source available for the particular application. Road building |
---|
| 1333 | + | materials include dirt, gravel, stone, slag, or borrow |
---|
| 1334 | + | materials, in natural state or processed by crushing, grading, |
---|
| 1335 | + | or screening processes. |
---|
| 1336 | + | (n) This article does not apply to purchases of |
---|
| 1337 | + | supplies and services for the maintenance and operation of |
---|
| 1338 | + | highway infrastructure and right-of-way by the Department of |
---|
| 1339 | + | Transportation. |
---|
| 1340 | + | (o) Nothing in this article is intended to repeal or |
---|
| 1341 | + | limit any provision of Article 2, Chapter 1, Title 23, |
---|
| 1342 | + | relating to the powers and authority of the Department of |
---|
| 1343 | + | Transportation. To the extent any provision contained in this |
---|
1330 | | - | 649 SB100 EnrolledSB100 Enrolled |
---|
1331 | | - | Page 24 |
---|
1332 | | - | of the purchased supplies at the vendor's physical location, |
---|
1333 | | - | any acquisition of supplies under this subsection may be |
---|
1334 | | - | purchased only from vendors physically located within the |
---|
1335 | | - | state. The price of any supplies purchased under this |
---|
1336 | | - | subsection shall be the market price readily available to the |
---|
1337 | | - | public at large. The acquisition of supplies under this |
---|
1338 | | - | subsection is subject to the supervision and administration of |
---|
1339 | | - | the Office of the Chief Procurement Officer Division of |
---|
1340 | | - | Procurement. |
---|
1341 | | - | (q) Nothing in this article is intended to repeal or |
---|
1342 | | - | limit any provision of Chapter 61E of Title 16, relating to |
---|
1343 | | - | the powers and authority of the Department of Education to |
---|
1344 | | - | enter into joint purchasing agreements on behalf of |
---|
1345 | | - | educational institutions. To the extent any provision |
---|
1346 | | - | contained in this article conflicts with Chapter 61E of Title |
---|
1347 | | - | 16, the latter governs. |
---|
1348 | | - | (r) Nothing in this article shall be construed as |
---|
1349 | | - | repealing Section 9-2-106 or Section 9-2-107. |
---|
1350 | | - | (s) This article does not apply to purchases by the |
---|
1351 | | - | Alabama Department of Rehabilitation Services of supplies and |
---|
1352 | | - | services for the Alabama Department of Rehabilitation Services |
---|
1353 | | - | consumers. |
---|
1354 | | - | (t) This article does not apply to the Alabama Medicaid |
---|
1355 | | - | Agency for purposes of the selection of professional service |
---|
1356 | | - | providers for contracts with physicians, pharmacists, |
---|
1357 | | - | dentists, optometrists, opticians, nurses, and other health |
---|
1358 | | - | professionals which involve only service on agency task |
---|
1359 | | - | forces, boards, or committees. " |
---|
| 1348 | + | 649 |
---|
1382 | | - | 672 |
---|
| 1371 | + | 672 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 1372 | + | Page 25 |
---|
| 1373 | + | article conflicts with Article 2, Chapter 1, Title 23, the |
---|
| 1374 | + | latter governs. |
---|
| 1375 | + | (p) Governmental bodies may purchase supplies from any |
---|
| 1376 | + | vendor that offers the item at a price at least ten percent |
---|
| 1377 | + | below the price established on a statewide contract by the |
---|
| 1378 | + | Office of the Chief Procurement Officer Division of |
---|
| 1379 | + | Procurement for the same item, provided that each purchase, |
---|
| 1380 | + | whether for a single item or multiple items, does not exceed |
---|
| 1381 | + | an amount established by rules of the Chief Procurement |
---|
| 1382 | + | Officer. The Office of the Chief Procurement Officer Division |
---|
| 1383 | + | of Procurement shall confirm that the terms and conditions of |
---|
| 1384 | + | the purchases are substantially similar to those of the |
---|
| 1385 | + | statewide contract for the same item prior to the approval of |
---|
| 1386 | + | any purchase under this subsection. Any purchase that would be |
---|
| 1387 | + | directly connected to any information technology network used |
---|
| 1388 | + | by the state shall require prior approval by the Secretary of |
---|
| 1389 | + | Information Technology. If the purchaser is to take possession |
---|
| 1390 | + | of the purchased supplies at the vendor's physical location, |
---|
| 1391 | + | any acquisition of supplies under this subsection may be |
---|
| 1392 | + | purchased only from vendors physically located within the |
---|
| 1393 | + | state. The price of any supplies purchased under this |
---|
| 1394 | + | subsection shall be the market price readily available to the |
---|
| 1395 | + | public at large. The acquisition of supplies under this |
---|
| 1396 | + | subsection is subject to the supervision and administration of |
---|
| 1397 | + | the Office of the Chief Procurement Officer Division of |
---|
| 1398 | + | Procurement. |
---|
| 1399 | + | (q) Nothing in this article is intended to repeal or |
---|
| 1400 | + | limit any provision of Chapter 61E of Title 16, relating to |
---|
1387 | | - | 677 SB100 EnrolledSB100 Enrolled |
---|
1388 | | - | Page 25 |
---|
1389 | | - | "§41-4-139 |
---|
1390 | | - | (a) A written determination of nonresponsibility of a |
---|
1391 | | - | bidder or offeror shall be made in accordance with rules |
---|
1392 | | - | adopted by the Chief Procurement Officer. The unreasonable |
---|
1393 | | - | failure of a bidder or offeror to promptly supply information |
---|
1394 | | - | in connection with an inquiry with respect to responsibility |
---|
1395 | | - | may be grounds for a determination of nonresponsibility with |
---|
1396 | | - | respect to the bidder or offeror. |
---|
1397 | | - | (b) Confidential information furnished by a bidder or |
---|
1398 | | - | offeror under this section may not be disclosed outside of the |
---|
1399 | | - | Office of the Chief Procurement Officer Division of |
---|
1400 | | - | Procurement or the purchasing agency without the prior written |
---|
1401 | | - | consent of the bidder or offeror." |
---|
1402 | | - | "§41-4-172 |
---|
1403 | | - | A public procurement unit may sell to, acquire from, or |
---|
1404 | | - | use any supplies or services belonging to another public |
---|
1405 | | - | procurement unit without regard to the requirements of |
---|
1406 | | - | Division 3." |
---|
1407 | | - | "§29-2-41.1 |
---|
1408 | | - | In case of an emergency adversely affecting public |
---|
1409 | | - | health, public safety, security, or the economic public |
---|
1410 | | - | welfare of the state, so declared in writing to the Governor |
---|
1411 | | - | by the Chief Procurement Officer or the head of the |
---|
1412 | | - | institution or a purchasing agency involved, as defined under |
---|
1413 | | - | Section 41-4-114 , setting forth the nature of the danger to |
---|
1414 | | - | public health, public safety, security or the economic public |
---|
1415 | | - | welfare of the state, contracts may be let to the extent |
---|
1416 | | - | necessary to meet the emergency without review by the |
---|
| 1405 | + | 677 |
---|
1439 | | - | 700 |
---|
| 1428 | + | 700 SB100 INTRODUCEDSB100 INTRODUCED |
---|
| 1429 | + | Page 26 |
---|
| 1430 | + | the powers and authority of the Department of Education to |
---|
| 1431 | + | enter into joint purchasing agreements on behalf of |
---|
| 1432 | + | educational institutions. To the extent any provision |
---|
| 1433 | + | contained in this article conflicts with Chapter 61E of Title |
---|
| 1434 | + | 16, the latter governs. |
---|
| 1435 | + | (r) Nothing in this article shall be construed as |
---|
| 1436 | + | repealing Section 9-2-106 or Section 9-2-107. |
---|
| 1437 | + | (s) This article does not apply to purchases by the |
---|
| 1438 | + | Alabama Department of Rehabilitation Services of supplies and |
---|
| 1439 | + | services for the Alabama Department of Rehabilitation Services |
---|
| 1440 | + | consumers. |
---|
| 1441 | + | (t) This article does not apply to the Alabama Medicaid |
---|
| 1442 | + | Agency for purposes of the selection of professional service |
---|
| 1443 | + | providers for contracts with physicians, pharmacists, |
---|
| 1444 | + | dentists, optometrists, opticians, nurses, and other health |
---|
| 1445 | + | professionals which involve only service on agency task |
---|
| 1446 | + | forces, boards, or committees. " |
---|
| 1447 | + | "§41-4-139 |
---|
| 1448 | + | (a) A written determination of nonresponsibility of a |
---|
| 1449 | + | bidder or offeror shall be made in accordance with rules |
---|
| 1450 | + | adopted by the Chief Procurement Officer. The unreasonable |
---|
| 1451 | + | failure of a bidder or offeror to promptly supply information |
---|
| 1452 | + | in connection with an inquiry with respect to responsibility |
---|
| 1453 | + | may be grounds for a determination of nonresponsibility with |
---|
| 1454 | + | respect to the bidder or offeror. |
---|
| 1455 | + | (b) Confidential information furnished by a bidder or |
---|
| 1456 | + | offeror under this section may not be disclosed outside of the |
---|
| 1457 | + | Office of the Chief Procurement Officer Division of |
---|
1444 | | - | 705 SB100 EnrolledSB100 Enrolled |
---|
1445 | | - | Page 26 |
---|
1446 | | - | committee. Any contract let pursuant to this section involving |
---|
1447 | | - | an emergency adversely affecting the economic public welfare |
---|
1448 | | - | of the state shall be let for a period of not more than 60 |
---|
1449 | | - | days during which time the committee shall review a contract |
---|
1450 | | - | for a longer period of time if such services are required |
---|
1451 | | - | beyond the 60-day limit hereby imposed." |
---|
1452 | | - | Section 2. Section 41-4-125.01 is added to the Code of |
---|
1453 | | - | Alabama 1975, to read as follows: |
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1454 | | - | 41-4-125.01 |
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1455 | | - | Physicians retained to provide medical services to the |
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1456 | | - | State of Alabama shall be selected by the purchasing state |
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1457 | | - | entity from a list of qualified physicians maintained by the |
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1458 | | - | Alabama Medical Licensure Commission. All physicians |
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1459 | | - | interested in providing medical services to the State of |
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1460 | | - | Alabama may apply and shall be included on the listing. |
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1461 | | - | Section 3. This act shall become effective immediately |
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1462 | | - | following its passage and approval by the Governor, or its |
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1463 | | - | otherwise becoming law. |
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| 1462 | + | 705 |
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1501 | | - | 728 |
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| 1485 | + | 728 SB100 INTRODUCEDSB100 INTRODUCED |
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| 1486 | + | Page 27 |
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| 1487 | + | Procurement or the purchasing agency without the prior written |
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| 1488 | + | consent of the bidder or offeror." |
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| 1489 | + | "§41-4-172 |
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| 1490 | + | A public procurement unit may sell to, acquire from, or |
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| 1491 | + | use any supplies or services belonging to another public |
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| 1492 | + | procurement unit without regard to the requirements of |
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| 1493 | + | Division 3." |
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| 1494 | + | "§29-2-41.1 |
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| 1495 | + | In case of an emergency adversely affecting public |
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| 1496 | + | health, public safety, security, or the economic public |
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| 1497 | + | welfare of the state, so declared in writing to the Governor |
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| 1498 | + | by the Chief Procurement Officer or the head of the |
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| 1499 | + | institution or a purchasing agency involved, as defined under |
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| 1500 | + | Section 41-4-114 , setting forth the nature of the danger to |
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| 1501 | + | public health, public safety, security or the economic public |
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| 1502 | + | welfare of the state, contracts may be let to the extent |
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| 1503 | + | necessary to meet the emergency without review by the |
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| 1504 | + | committee. Any contract let pursuant to this section involving |
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| 1505 | + | an emergency adversely affecting the economic public welfare |
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| 1506 | + | of the state shall be let for a period of not more than 60 |
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| 1507 | + | days during which time the committee shall review a contract |
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| 1508 | + | for a longer period of time if such services are required |
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| 1509 | + | beyond the 60-day limit hereby imposed." |
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| 1510 | + | "§29-2-41.2 |
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| 1511 | + | (a) For the purposes of this article the term personal |
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| 1512 | + | and professional services specifically includes independent |
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| 1513 | + | contractor agreements as well as individual employment |
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| 1514 | + | agreements. |
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1529 | | - | 756 |
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| 1542 | + | 756 SB100 INTRODUCEDSB100 INTRODUCED |
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| 1543 | + | Page 28 |
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| 1544 | + | (b) Notwithstanding any other provisions of this |
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| 1545 | + | article, all contracts for employment of an attorney to |
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| 1546 | + | provide legal services, including contracts involving an |
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| 1547 | + | attorney providing legal services under an agreement with the |
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| 1548 | + | Attorney General, shall be reviewed by the committee. |
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| 1549 | + | Contracts for professional services executed by the Attorney |
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| 1550 | + | General in preparation for or during litigation may be |
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| 1551 | + | redacted until the conclusion of the litigation. Provided, |
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| 1552 | + | however, contracts Contracts for appointment of attorneys for |
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| 1553 | + | the Department of Transportation for right of way condemnation |
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| 1554 | + | cases are exempt from the provisions of this article." |
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| 1555 | + | Section 2. Section 41-4-125.01 is added to the Code of |
---|
| 1556 | + | Alabama 1975, to read as follows: |
---|
| 1557 | + | 41-4-125.01 |
---|
| 1558 | + | Physicians retained to provide medical services to the |
---|
| 1559 | + | State of Alabama shall be selected by the purchasing state |
---|
| 1560 | + | entity from a list of qualified physicians maintained by the |
---|
| 1561 | + | Alabama Medical Licensure Commission. All physicians |
---|
| 1562 | + | interested in providing medical services to the State of |
---|
| 1563 | + | Alabama may apply and shall be included on the listing. |
---|
| 1564 | + | Section 3. This act shall become effective immediately |
---|
| 1565 | + | following its passage and approval by the Governor, or its |
---|
| 1566 | + | otherwise becoming law. |
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