AL
Alabama Senate Bill SB100

Alabama 2023 Regular Session

Alabama Senate Bill SB100 Compare Versions

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44 By Senator Orr
55 RFD: Finance and Taxation Education
66 First Read: 21-Mar-23
7-2023 Regular Session
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14-Enrolled, An Act,
15-Relating to state government; to amend Sections
16-41-4-114, 41-4-120, 41-4-122 as last amended by Act 2022-357
17-of the 2022 Regular Session, 41-4-124, 41-4-125, Section
18-41-4-126 as last amended by Act 2022-357 of the 2022 Regular
19-Session, 41-4-139, 41-4-172, 29-2-41.1 Code of Alabama 1975,
20-to further provide exemptions to the state procurement code;
21-to further provide for the authority to make emergency
22-procurements and the review of those procurements by the
23-Contract Review Legislative Oversight Committee; to provide
24-for the procurement of certain health professionals who
25-provide services to the Medicaid Agency under certain
26-conditions; to further provide for the definition of
27-professional services to include the management and
28-administration of occupational licensing boards; to provide
29-for the procurement of supplies, services, and professional
30-services by district attorneys or sheriffs; to provide for the
31-change of the name of the Office of the Chief Procurement
32-Officer to the Division of Procurement; and to add Section
33-41-4-125.01 to the Code of Alabama 1975, to provide for the
34-procurement of physicians retained to provide medical services
35-to the State of Alabama.
36-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
37-Section 1. Sections 41-4-114, 41-4-120, 41-4-122 as
38-last amended by Act 2022-357 of the 2022 Regular Session,
39-41-4-124, 41-4-125, Section 41-4-126 as last amended by Act
13+SYNOPSIS:
14+Under existing law, with exceptions, the Chief
15+Procurement Officer administers and oversees the
16+procurement of supplies and services of any state
17+governmental body.
18+This bill would change the name of the Office of
19+the Chief Procurement Officer to the Division of
20+Procurement.
21+This bill would specify that the appointment of
22+attorneys and experts by a court, and the retention of
23+experts for purposes of litigation or avoidance of
24+litigation, is not subject to the procurement code.
25+This bill would provide an exemption to the
26+procurement code for the procurement of certain health
27+professionals who provide services on Alabama Medicaid
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
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
73-(a) For purposes of this article, the following words
74-shall have the following meanings:
75-(1) BUSINESS. Any corporation, partnership, individual,
76-sole proprietorship, joint stock company, joint venture, or
77-other private legal entity.
78-(2) CAPITAL EQUIPMENT. Tangible personal property that
79-can be appraised for value, is not disposable or consumable,
80-is stand alone, and has a useful life of one year or more.
81-(3) CHANGE ORDER. A written order signed by the
82-procurement officer directing the contractor to make changes
83-which the changes clause of the contract authorizes the
84-procurement officer to order without the consent of the
85-contractor.
86-(4) CHIEF PROCUREMENT OFFICER. The person individual
87-holding the position created in Section 41-4-120, as the head
88-of the Office of the Chief Procurement Officer Division of
89-Procurement.
90-(5) CONTINGENCY FEE CONTRACT. An agreement, express or
91-implied, for litigation legal services of an attorney or
92-attorneys, including any associated counsel, under which
93-compensation is contingent in whole or in part upon the
94-successful accomplishment or disposition of the subject matter
95-of the agreement. The payment may be in an amount which either
96-is fixed or is to be determined under a formula.
67+physicians retained by a governmental agency to provide
68+medical services to the State of Alabama.
69+This bill would further define professional
70+services to include the management or administration of
71+occupational licensing boards, and would subject
72+contracts for these services to review by the Contract
73+Review Legislative Oversight Committee.
74+This bill would also subject the procurement of
75+supplies, services, and professional services by a
76+district attorney or sheriff to the competitive bid law
77+governing counties and municipalities and exempt them
78+from the state procurement code.
79+A BILL
80+TO BE ENTITLED
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
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126-(6) CONTINGENCY FEE COUNSEL. An attorney or attorneys
127-performing services under a contingency fee contract.
128-(7) CONTRACT. All types of state agreements, regardless
129-of what they may be called, for the procurement of supplies or
130-services.
131-(8) CONTRACT MODIFICATION. Any written alteration in
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.
136-(9) CONTRACTING AGENCY. The Governor, Attorney General,
137-or director of a state agency, department, bureau, commission,
138-authority, public corporation, or instrumentality of the State
139-of Alabama that seeks to enter a contract.
140-(10) CONTRACTOR. Any person having a contract with a
141-governmental body.
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,
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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.
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
191-end product, whether in the form of supplies or services.
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.
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.
207-(18) PERSON. An individual, corporation, association,
208-partnership, limited liability corporation, union, committee,
209-club, other organization, or group.
210-(19) PROCUREMENT. Buying, purchasing, renting, leasing,
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,
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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,
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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.
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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
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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."
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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929947 451
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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
961950 454
962951 455
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964953 457
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966955 459
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968957 461
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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
9841002 477
9851003 478
9861004 479
9871005 480
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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
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10381027 502
10391028 503
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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
10411059 505
10421060 506
10431061 507
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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
10751064 510
10761065 511
10771066 512
10781067 513
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10861075 521
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10881077 523
10891078 524
10901079 525
10911080 526
10921081 527
10931082 528
10941083 529
10951084 530
10961085 531
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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
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10991117 534
11001118 535
11011119 536
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
11321121 538
11331122 539
11341123 540
11351124 541
11361125 542
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11381127 544
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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
11551173 561
11561174 562
11571175 563
11581176 564
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
11891178 566
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11911180 568
11921181 569
11931182 570
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11951184 572
11961185 573
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11991188 576
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12031192 580
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12061195 583
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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
12121230 589
12131231 590
12141232 591
12151233 592
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
12461235 594
12471236 595
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12501239 598
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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
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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
13031292 622
13041293 623
13051294 624
13061295 625
13071296 626
13081297 627
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13151304 634
13161305 635
13171306 636
13181307 637
13191308 638
13201309 639
13211310 640
13221311 641
13231312 642
13241313 643
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
13261344 645
13271345 646
13281346 647
13291347 648
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
13601349 650
13611350 651
13621351 652
13631352 653
13641353 654
13651354 655
13661355 656
13671356 657
13681357 658
13691358 659
13701359 660
13711360 661
13721361 662
13731362 663
13741363 664
13751364 665
13761365 666
13771366 667
13781367 668
13791368 669
13801369 670
13811370 671
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
13831401 673
13841402 674
13851403 675
13861404 676
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
14171406 678
14181407 679
14191408 680
14201409 681
14211410 682
14221411 683
14231412 684
14241413 685
14251414 686
14261415 687
14271416 688
14281417 689
14291418 690
14301419 691
14311420 692
14321421 693
14331422 694
14341423 695
14351424 696
14361425 697
14371426 698
14381427 699
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
14401458 701
14411459 702
14421460 703
14431461 704
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:
1454-41-4-125.01
1455-Physicians retained to provide medical services to the
1456-State of Alabama shall be selected by the purchasing state
1457-entity from a list of qualified physicians maintained by the
1458-Alabama Medical Licensure Commission. All physicians
1459-interested in providing medical services to the State of
1460-Alabama may apply and shall be included on the listing.
1461-Section 3. This act shall become effective immediately
1462-following its passage and approval by the Governor, or its
1463-otherwise becoming law.
1462+705
14641463 706
14651464 707
14661465 708
14671466 709
14681467 710
14691468 711
14701469 712
14711470 713
14721471 714
14731472 715
14741473 716
14751474 717
14761475 718
14771476 719
14781477 720
14791478 721
14801479 722
1481-723 SB100 EnrolledSB100 Enrolled
1482-Page 27
1483-________________________________________________
1484-President and Presiding Officer of the Senate
1485-________________________________________________
1486-Speaker of the House of Representatives
1487-SB100
1488-Senate 03-May-23
1489-I hereby certify that the within Act originated in and passed
1490-the Senate.
1491-Patrick Harris,
1492-Secretary.
1493-House of Representatives
1494-Amended and passed: 06-Jun-23
1495-Senate concurred in House amendment 06-Jun-23
1496-By: Senator Orr
1480+723
14971481 724
14981482 725
14991483 726
15001484 727
1501-728
1485+728 SB100 INTRODUCEDSB100 INTRODUCED
1486+Page 27
1487+Procurement or the purchasing agency without the prior written
1488+consent of the bidder or offeror."
1489+"§41-4-172
1490+A public procurement unit may sell to, acquire from, or
1491+use any supplies or services belonging to another public
1492+procurement unit without regard to the requirements of
1493+Division 3."
1494+"§29-2-41.1
1495+In case of an emergency adversely affecting public
1496+health, public safety, security, or the economic public
1497+welfare of the state, so declared in writing to the Governor
1498+by the Chief Procurement Officer or the head of the
1499+institution or a purchasing agency involved, as defined under
1500+Section 41-4-114 , setting forth the nature of the danger to
1501+public health, public safety, security or the economic public
1502+welfare of the state, contracts may be let to the extent
1503+necessary to meet the emergency without review by the
1504+committee. Any contract let pursuant to this section involving
1505+an emergency adversely affecting the economic public welfare
1506+of the state shall be let for a period of not more than 60
1507+days during which time the committee shall review a contract
1508+for a longer period of time if such services are required
1509+beyond the 60-day limit hereby imposed."
1510+"§29-2-41.2
1511+(a) For the purposes of this article the term personal
1512+and professional services specifically includes independent
1513+contractor agreements as well as individual employment
1514+agreements.
15021515 729
15031516 730
15041517 731
15051518 732
15061519 733
15071520 734
15081521 735
15091522 736
15101523 737
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15141527 741
15151528 742
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15201533 747
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15271540 754
15281541 755
1529-756
1542+756 SB100 INTRODUCEDSB100 INTRODUCED
1543+Page 28
1544+(b) Notwithstanding any other provisions of this
1545+article, all contracts for employment of an attorney to
1546+provide legal services, including contracts involving an
1547+attorney providing legal services under an agreement with the
1548+Attorney General, shall be reviewed by the committee.
1549+Contracts for professional services executed by the Attorney
1550+General in preparation for or during litigation may be
1551+redacted until the conclusion of the litigation. Provided,
1552+however, contracts Contracts for appointment of attorneys for
1553+the Department of Transportation for right of way condemnation
1554+cases are exempt from the provisions of this article."
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.
15301567 757
1568+758
1569+759
1570+760
1571+761
1572+762
1573+763
1574+764
1575+765
1576+766
1577+767
1578+768
1579+769
1580+770
1581+771
1582+772
1583+773
1584+774
1585+775
1586+776
1587+777
1588+778
1589+779