SB100ENROLLED
Page 0
U95RXG-2
By Senator Orr
RFD: Finance and Taxation Education
First Read: 21-Mar-23
2023 Regular Session
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Enrolled, An Act,
Relating to state government; to amend Sections
41-4-114, 41-4-120, 41-4-122 as last amended by Act 2022-357
of the 2022 Regular Session, 41-4-124, 41-4-125, Section
41-4-126 as last amended by Act 2022-357 of the 2022 Regular
Session, 41-4-139, 41-4-172, 29-2-41.1 Code of Alabama 1975,
to further provide exemptions to the state procurement code;
to further provide for the authority to make emergency
procurements and the review of those procurements by the
Contract Review Legislative Oversight Committee; to provide
for the procurement of certain health professionals who
provide services to the Medicaid Agency under certain
conditions; to further provide for the definition of
professional services to include the management and
administration of occupational licensing boards; to provide
for the procurement of supplies, services, and professional
services by district attorneys or sheriffs; to provide for the
change of the name of the Office of the Chief Procurement
Officer to the Division of Procurement; and to add Section
41-4-125.01 to the Code of Alabama 1975, to provide for the
procurement of physicians retained to provide medical services
to the State of Alabama.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 41-4-114, 41-4-120, 41-4-122 as
last amended by Act 2022-357 of the 2022 Regular Session,
41-4-124, 41-4-125, Section 41-4-126 as last amended by Act
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2022-357 of the 2022 Regular Session, 41-4-139, 41-4-172,
29-2-41.1, Code of Alabama 1975, are amended to read as
follows:
"§41-4-114
(a) For purposes of this article, the following words
shall have the following meanings:
(1) BUSINESS. Any corporation, partnership, individual,
sole proprietorship, joint stock company, joint venture, or
other private legal entity.
(2) CAPITAL EQUIPMENT. Tangible personal property that
can be appraised for value, is not disposable or consumable,
is stand alone, and has a useful life of one year or more.
(3) CHANGE ORDER. A written order signed by the
procurement officer directing the contractor to make changes
which the changes clause of the contract authorizes the
procurement officer to order without the consent of the
contractor.
(4) CHIEF PROCUREMENT OFFICER. The person individual
holding the position created in Section 41-4-120, as the head
of the Office of the Chief Procurement Officer Division of
Procurement.
(5) CONTINGENCY FEE CONTRACT. An agreement, express or
implied, for litigation legal services of an attorney or
attorneys, including any associated counsel, under which
compensation is contingent in whole or in part upon the
successful accomplishment or disposition of the subject matter
of the agreement. The payment may be in an amount which either
is fixed or is to be determined under a formula.
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(6) CONTINGENCY FEE COUNSEL. An attorney or attorneys
performing services under a contingency fee contract.
(7) CONTRACT. All types of state agreements, regardless
of what they may be called, for the procurement of supplies or
services.
(8) CONTRACT MODIFICATION. Any written alteration in
specifications, delivery point, rate of delivery, period of
performance, price, quantity, or other provisions of any
contract accomplished by mutual action of the parties to the
contract.
(9) CONTRACTING AGENCY. The Governor, Attorney General,
or director of a state agency, department, bureau, commission,
authority, public corporation, or instrumentality of the State
of Alabama that seeks to enter a contract.
(10) CONTRACTOR. Any person having a contract with a
governmental body.
(11) DATA. Recorded information, regardless of form or
characteristic.
(12) DESIGNEE. A duly authorized representative of a
person.
(13) ELECTRONIC. Electrical, digital, magnetic,
optical, electromagnetic, or other similar technology.
(14) GOVERNMENTAL BODY. Except as otherwise provided in
this article, an agency, department, board, bureau,
commission, committee, institution, corporation, authority, or
office of this state. The term does not include the
legislative or judicial departments of the state or a
legislative or judicial agency, the Alabama State Port
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Authority, municipalities, or the county commission and
governing boards of instrumentalities of counties including
waterworks boards, sewer boards, gas boards, and other like
utility boards and commissions.
(15) GRANT. The furnishing by the state or federal
government of assistance, whether financial or otherwise, to
any person to support a program authorized by law. The term
does not include an award with a primary purpose to procure an
end product, whether in the form of supplies or services.
(16) JUDICIAL AGENCY. Any department, appellate court,
trial court, board, body, bureau, commission, committee,
institution, corporation, authority, or office created,
established, and operating as an agency of the judicial
department of this state. The term includes, but is not
limited to, the Administrative Office of Courts, the State Law
Library, the Court of the Judiciary, and the Sentencing
Commission.
(17) LEGISLATIVE AGENCY. The Alabama State Legislature
and any department, board, body, bureau, commission,
committee, institution, corporation, authority, or office
created, established, and operating as an agency of the
legislative department of this state. The term includes, but
is not limited to, the Legislative Services Agency and the
Department of Examiners of Public Accounts.
(18) PERSON. An individual, corporation, association,
partnership, limited liability corporation, union, committee,
club, other organization, or group.
(19) PROCUREMENT. Buying, purchasing, renting, leasing,
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or otherwise acquiring any supplies or services. The term
includes all functions that pertain to the obtaining of any
supply or service, including description of requirements,
selection and solicitation of sources, preparation and award
of contracts, and all phases of contract administration. The
term does not include the leasing of real property.
(20) PROCUREMENT OFFICER. Any person individual duly
authorized by the Chief Procurement Officer to enter into and
administer contracts and make written determinations with
respect to those contracts. The term includes an authorized
representative acting within the limits of authority.
(21) PROFESSIONAL SERVICES. The services of physicians,
architects, engineers, landscape architects, land surveyors,
geoscientists, attorneys, teachers, artists, appraisers, and
other individuals, or business entities offering the services
of those individuals, who possess a high degree of scientific
or specialized skill and knowledge where the experience and
professional qualifications of the service provider are
particularly relevant to the provision of the required
service. The term also includes the management or
administration of any occupational licensing board, as defined
under Section 41-9A-1, by a person other than a state
employee.
(22) PUBLIC FUNDS. Money, regardless of its source,
that is owned or held by a governmental body.
(23) PUBLIC NOTICE. The distribution or dissemination
of information to interested parties using methods that are
reasonably available, including, but not limited to,
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publication in newspapers of general circulation, electronic
or paper mailing lists, and websites designated by the state
and maintained for that purpose.
(24) PURCHASING AGENCY. A governmental body, other than
the Office of the Chief Procurement Officer, that is
authorized by this article, its implementing rules, or by
delegation from the Chief Procurement Officer to enter into
contracts.
(25) SERVICES. The furnishing of labor, time, or effort
by a contractor. The term does not include the delivery of a
specific end product, other than reports that are merely
incidental to the required performance.
(26) SIGNATURE. A manual signature or an electronic
signature, as defined in Section 8-1A-2.
(27) SOLICITATION. Any request to submit quotes, bids,
or offers to the state for the procurement of supplies or
services. The term includes invitations to bid and requests
for proposals.
(28) SUPPLIES. All property, including equipment,
materials, and printing. The term does not include land or a
permanent interest in land.
(29) USING AGENCY. A governmental body that utilizes
any supplies or services procured under this article.
(30) WRITTEN or IN WRITING. The product of any method
of forming characters on paper, other materials, or viewable
screens, which can be read, retrieved, and reproduced,
including information that is electronically transmitted and
stored.
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(b) The terms state, state department, state agency,
agency, state entity, instrumentality of the state, and
governmental body do not include municipalities, political
subdivisions, county commissions, or the governing boards of
instrumentalities of counties including waterworks boards,
sewer boards, gas boards, and other like utility boards and
commissions."
"§41-4-120
There is created within the Department of Finance the
Office of the Chief Procurement Officer Division of
Procurement, headed by the Chief Procurement Officer."
"§41-4-122
(a) The Chief Procurement Officer shall serve as the
central procurement officer of the state.
(b) Consistent with this article, the Chief Procurement
Officer shall adopt operational procedures governing the
internal functions of the Office of the Chief Procurement
Officer Division of Procurement .
(c) Except as otherwise specifically provided in this
article, the Chief Procurement Officer, in accordance with
rules adopted under this article, shall do all of the
following:
(1) Except for alcoholic beverages, which shall be
purchased by the Alcoholic Beverage Control Board, procure or
supervise the procurement of all supplies and services needed
by the state.
(2) Ensure compliance with this article and the rules
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implementing this article by reviewing and monitoring
procurements conducted by any designee, department, agency, or
official delegated authority under Section 41-4-123.
(3) Require, upon request of the Chief Procurement
Officer, the periodic reporting of all procurement by or for
counties, the purchase, contract, or lease price of which is
one hundred dollars ($100) or more, and require information in
connection therewith; to prescribe forms and fix the time for
submitting such reports; and, when requested by any county,
municipal corporation, other local public body, including any
board of education, to make such purchase contract, or lease
for it. It shall be the duty of every county to make the
report on forms furnished by the Office of the Chief
Procurement Officer whenever requested to do so, but not more
than once every 30 days.
(4)(3) Perform other functions and duties of the
Department of Finance as may be assigned by the Director of
Finance.
(d) The Chief Procurement Officer may establish and
maintain a system for the purchase of supplies and services by
governmental bodies that conduct their procurement activities
through the Office of the Chief Procurement Officer Division
of Procurement, through the utilization of approved credit
cards. County and municipal governments and instrumentalities
or public corporations thereof may participate in the state
fleet fuel card program subject to the terms and conditions of
the program related to the utilization of the fleet fuel card;
provided, however, that county and municipal governments and
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instrumentalities or public corporations thereof shall not
otherwise be subject to this subsection. The Chief Procurement
Officer shall establish by rule a process for the competitive
solicitation of credit card providers. The state Comptroller
and the Chief Procurement Officer shall adopt fiscal
procedures governing the payment of charges incurred by credit
card users and the utilization of credit cards. The use of
approved credit cards shall be established by the state
Comptroller and the Chief Procurement Officer, with the
approval of the Director of Finance, and be published through
the Alabama fiscal procedures, in which each purchase made
using approved credit cards is required to have prior approval
by the department head or his or her designee and a record of
each purchase and approval is to be maintained. The Chief
Procurement Officer may select the provider or providers
offering the highest fees to the division for the use of its
credit card or credit cards. Fees received by the division for
the use of credit cards shall be placed in a special fund
entitled the State Procurement Fund in the State Treasury for
the use of the division and the funds shall be appropriated,
budgeted, and allotted in accordance with Sections 41-4-80 to
41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and
only in amounts stipulated in general appropriations bills and
other appropriation bills. Approved credit cards may be issued
to requisitioning agencies upon the recommendation of the
Chief Procurement Officer and the approval of the Director of
Finance. Approved credit cards shall be assigned to the
department and limited in number. Approved credit cards may be
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utilized to purchase items of supplies and services, and may
not exceed the limitations set forth by rule. The director of
the governmental body utilizing credit cards is responsible
for the proper use of credit cards assigned to his or her
agency, in accordance with rules established by Alabama fiscal
procedures. The Chief Procurement Officer may collect any
credit card from any governmental body at any time due to
improper use. The Chief Procurement Officer shall submit an
annual report and accounting regarding the use of credit cards
by each governmental body to the Director of Finance and the
Governor.
(e) The Office of the Chief Procurement Officer
Division of Procurement may charge a biannual registration fee
to vendors desiring to register with the office to receive
invitations to bid for any supplies or services solicited by
the division and to governmental bodies for their
proportionate share of operating costs of the office. Any fee
shall be set by administrative rule upon the approval of the
Director of Finance. Any fees collected under this subsection
shall be deposited in the State Treasury to the credit of the
State Procurement Fund and shall be appropriated, budgeted,
and allotted in accordance with Sections 41-4-80 to 41-4-96,
inclusive, and 41-19-1 to 41-19-12, inclusive, and only in
amounts stipulated in general appropriations bills and other
appropriation bills.
(f) The Chief Procurement Officer may make purchases,
contracts, or leases for any county, instrumentality of a
county, municipal corporation, local board of education, or
other local public body upon the request of the local public
body.
(f)(g) The Chief Procurement Officer shall adopt rules
consistent with this article to govern the procurement of
supplies and services procured by the state."
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"§41-4-124
(a) Except as otherwise provided in this article, all
rights, powers, duties, and authority relating to the
procurement of supplies and services now vested in, or
exercised by, any governmental body under existing law are
transferred to the Chief Procurement Officer.
(b) The following governmental bodies are subject to
this article except as it relates to the purchase of
professional services and the oversight and authority of the
Chief Procurement Officer, but shall establish and maintain
procurement offices and personnel and shall adopt rules as may
be necessary to comply with this article:
(1) All educational and eleemosynary institutions
governed by a board of trustees or other similar governing
body.
(2) The Retirement Systems of Alabama.
(3) The Department of Mental Health.
(c) The Alabama Department of Transportation is subject
to this article except as it relates to the purchase of
professional services and shall adopt rules governing the
purchase of professional services by the department which are
consistent with the principles contained in this article and
promote fairness, competition, transparency, integrity, and
value in the procurement process.
(d) The procurement of any supplies, services, or
professional services by a district attorney or sheriff shall
be solely governed by Article 3, commencing with Section
41-16-50 of Chapter 16.
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(d)(e) The procurement of any supplies or services by a
legislative agency or judicial agency shall be solely governed
by procedures adopted by the Legislative Council for all
legislative agencies and by rules adopted by the Supreme Court
of Alabama for all judicial agencies. The procedures adopted
shall be consistent with any applicable requirements of the
Constitution of Alabama of 1901 2022, and shall be established
in accordance with the underlying purposes and policies of
promoting responsible and efficient use of public funds
dedicated and appropriated to the agencies for their use,
providing consistency of application of rules and requirements
across all agencies within the applicable branch of state
government, and promoting fairness, competition, transparency,
integrity, and value in the procurement process. In no case
may the legislative and judicial departments of the state
adopt procedures that conflict with the laws of this state
regarding the public disclosure of the use of public funds and
the transparency of public expenditures, or that otherwise
conflict with state law regarding public records and public
access to those records. Except for the requirement to act in
good faith, no other provision of this article shall apply to
legislative or judicial agencies; provided, that the
legislative and judicial departments may adopt all or any part
of this article and its accompanying rules.
(e)(f) The procurement of any supplies or services by
the Alabama State Port Authority shall be solely governed by
procedures adopted by the Board of Directors of the Alabama
State Port Authority. The procedures adopted shall be
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consistent with any applicable requirements of the
Constitution of Alabama of 1901 2022, and shall be established
in accordance with the underlying purposes and policies of
promoting responsible and efficient use of the funds of the
Alabama State Port Authority, providing consistency of
application of rules and requirements across all agencies
within the applicable branch of state government, and
promoting fairness, competition, transparency, integrity, and
value in the procurement process. Except for the protection of
information otherwise legally considered commercially
confidential, sensitive, or of a nature that upon release
would harm the competitive advantage of itself or its
customers, concessionaires, lessees, or suppliers, the Alabama
State Port Authority may not adopt procedures that conflict
with the laws of this state regarding the public disclosure of
the use of its funds and the transparency of its expenditures,
or that otherwise conflict with state law regarding public
records and public access to those records. Except as provided
in this subsection and the requirement to act in good faith,
no other provision of this article shall apply to the Alabama
State Port Authority; provided, however, that the Alabama
State Port Authority may adopt all or any part of this article
and its accompanying rules."
"§41-4-125
(a)(1) Except as otherwise provided in this section,
attorneys retained to represent the state in litigation shall
be appointed by the Attorney General in consultation with the
Governor from a list of attorneys maintained by the Attorney
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General. All attorneys interested in representing the state
may apply and shall be included on the list. The selection of
the attorney or law firm shall be based upon the level of
skill, experience, and expertise required in the litigation
and the fees charged by the attorney or law firm shall be
taken into consideration so that the state receives the best
representation for the funds paid. Fees shall be negotiated
and approved by the Governor in consultation with the Attorney
General. Maximum fees paid for legal representation that does
not involve a contingency fee contract may be established by
executive order of the Governor.
(2) Attorneys retained by any state purchasing entity
to render nonlitigation legal services shall be selected by
the entity from a list of attorneys maintained by the Legal
Advisor to the Governor. All attorneys interested in
representing any purchasing state entity may apply and shall
be included on the list. The selection of the attorney or law
firm shall be based upon the level of skill, experience, and
expertise required for the services, but the fees charged by
the attorney or law firm shall be taken into consideration so
that the state entity shall receive the best representation
for the funds paid. Fees for the services shall be negotiated
by the state entity requiring the services and shall be
subject to the review and approval of the Governor or the
Director of Finance when so designated by the Governor.
(b) This section article does not apply to either of
the following:
(1) The appointment of attorneys or experts by a court.
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(2) The retention of experts by the state for the
purposes of litigation or avoidance of litigation.
(c) Nothing in this section shall be construed as
altering or amending the Governor's authority to retain
attorneys under Section 36-13-2; provided, the Governor shall
select the attorneys from three proposals received from
attorneys included on the list maintained by the Attorney
General.
(d)(1) A governmental body may not enter into a
contingency fee contract with any attorney or law firm unless
the contracting agency makes a written determination prior to
entering into a contingency fee contract that contingency fee
representation is both cost effective and in the public
interest. Any written determination shall include specific
findings for each of the following factors:
a. Whether there are sufficient and appropriate legal
and financial resources within the state to handle the matter
without a contingency contract.
b. The expected time and labor required, the novelty,
complexity, and difficulty of the questions involved, and the
skill requisite to perform the attorney services properly.
c. The geographic area where the attorney services are
to be provided.
d. The amount of experience desired for the particular
kind of attorney services to be provided and the nature of the
private attorney's experience with similar issues or cases.
(2) Subject to subdivision (3), the state may not enter
into a contingency fee contract that provides for the
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contingency fee counsel to receive an aggregate contingency
fee calculated from the gross recovery resulting from a
judgment or settlement in each action, exclusive of expenses,
in excess of the total of all of the following:
a. Twenty-two percent of any recovery of up to that
does not exceed ten million dollars ($10,000,000); plus
b. Twenty percent of any portion of the recovery
between that exceeds ten million dollars ($10,000,000) and but
does not exceed twenty-five million dollars ($25,000,000);
plus
c. Sixteen percent of any portion of the recovery
between that exceeds twenty-five million dollars ($25,000,000)
and but does not exceed fifty million dollars ($50,000,000);
plus
d. Twelve percent of any portion of the recovery
between that exceeds fifty million dollars ($50,000,000) and
but does not exceed seventy-five million dollars
($75,000,000); plus
e. Eight percent of any portion of the recovery between
seventy-five million dollars ($75,000,000) and one hundred
million dollars ($100,000,000); plus
f. Seven and one-tenth (7.1) percent of any portion of
the recovery exceeding one hundred million dollars
($100,000,000).
(3) The aggregate fee paid under a contingency fee
contract may not exceed seventy-five million dollars
($75,000,000).
(4) All litigation expenses incurred by the contingency
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fee counsel shall be paid or reimbursed upon approval on a
monthly basis upon presentation of documentation of the
expenses to the contracting agency.
(5) The Attorney General may certify in writing to the
Governor that, in the opinion of the Attorney General, an
issue affecting the public health, safety, convenience, or
economic welfare of the state exists that justifies that the
contingency fee limitations set forth in subdivision (2) or
(3) be suspended in the case of a particular contingency fee
contract. Upon receipt of the written certification, the
Governor, by the issuance of an executive order, may waive the
limitations with respect to the specified contingency fee
contract.
(6) A governmental body may not enter into a
contingency fee contract unless all of the following
requirements are met throughout the entire contract period,
including any extensions of the period:
a. A government attorney has complete control over the
course and conduct of the case.
b. A government attorney with supervisory authority is
personally involved in overseeing the litigation.
c. A government attorney retains veto power over any
decisions made by the contingency fee counsel.
d. After giving reasonable notice to the contingency
fee counsel, any defendant that is the subject of the
litigation may contact the lead government attorney directly
unless directed to do otherwise by that attorney. Contingency
fee counsel shall have the right to may participate in the
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discussion with the lead government attorney or attorneys
unless, after consultation with contingency fee counsel, the
lead government attorney agrees to the discussion without
contingency fee counsel being present.
e. A government attorney with supervisory authority for
the case shall attend all settlement conferences.
f. Decisions regarding settlement of the case shall be
reserved exclusively to the discretion of the government
attorney and the state.
(7) The Attorney General shall develop a standard
addendum to every contract for contingent fee attorney
services that shall be used in all cases, describing in detail
what is expected of both the contingency fee counsel and the
state, including, without limitation, the requirements listed
in subdivision (6).
(8) Copies of any executed contingency fee contract and
the contracting agency's written determination to enter into
the contingency fee contract with the contingency fee counsel
and any payment of any contingency fees shall be posted online
as provided in Section 41-4-65.
(9) Every contingency fee counsel, from the inception
of the contingency fee contract until at least four years
after the contract expires or is terminated, shall maintain
detailed current records, including documentation of all time
records, expenses, disbursements, charges, credits, underlying
receipts and invoices, and other financial transactions that
concern the provision of the attorney services. The
contingency fee counsel shall make all the records available
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for inspection and copying upon request by the Governor,
Attorney General, or contracting agency. In addition, the
contingency fee counsel shall maintain detailed
contemporaneous time records for the attorneys and paralegals
working on the contract in six minute increments and, upon
request, shall provide promptly these records to the Governor,
Attorney General, or contracting agency.
(10) Any contingency fee paid to a private attorney or
law firm shall be paid from the State Treasury from the funds
recovered as a result of the contingent contingency fee
contract within 30 days of receipt of the recovery unless
ordered to do otherwise by a court with jurisdiction over the
litigation subject to the contingency fee contract."
"§41-4-126
(a) Unless otherwise ordered by rule, with approval of
the Governor, the following supplies and services need not be
procured through the Office of the Chief Procurement Officer
Division of Procurement and are exempt from the competitive
requirements of this article:
(1) Works of art for museum and public display.
(2) Published books in any format such as digital,
audio, or hardcopy; maps; periodicals; and technical
pamphlets.
(3) Utility services where no competition exists or
where rates are fixed by law.
(4) Purchases of alcoholic beverages by the Alcoholic
Beverage Control Board.
(5) Purchases of products made or manufactured by the
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blind or visually handicapped under the direction or
supervision of the Alabama Institute for Deaf and Blind in
accordance with Sections 21-2-1 to 21-2-4, inclusive Chapter 2
of Title 21.
(6) Photographs purchased from a federal agency.
(7) Barter transactions by the Department of
Corrections.
(8) The purchase of insurance and supplies or services
related to the purchase of insurance.
(9) Supplies and services that by their very nature are
impossible to award by competitive process, as determined by
the Chief Procurement Officer.
(b) Any state department or agency whose principal
business is honorariums is exempted from this chapter on
purchases and contracts for services made by that department
or agency.
(c) Nothing in this article is intended to repeal or
limit any provision of Section 23-1-40 or Sections 23-2-140
through 23-2-175 Article 5 or Article 6 of Chapter 2 of Title
23, commencing with Section 23-2-140 , relating to the
procurement authority of the State Department of
Transportation and the Alabama Toll Road, Bridge and Tunnel
Authority. To the extent any provision contained in this
article conflicts with Section 23-1-40 or Sections 23-2-140
through 23-2-175 Article 5 or Article 6 of Chapter 2 of Title
23, the latter governs.
(d) Nothing in this article repeals or limits any
provision of Section 41-4-400, relating to the procurement
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authority of the Division of Construction Management. To the
extent any provision contained in this article conflicts with
Section 41-4-400, the latter governs.
(e) Nothing in this article repeals or limits any
provision of Section 14-7-8, relating to the procurement
authority of Alabama Correctional Industries. To the extent
any provision contained in this article conflicts with Section
14-7-8, the latter governs.
(f) This article does not apply to any state authority,
board, or other entity with respect to contracts relating to
the issuance of debt that is required to be repaid from
sources other than state funds.
(g) This article does not apply to direct health care
services provided by the Alabama Department of Public Health.
(h) Nothing in this article applies to the
administration of health benefit plans by a governmental body
and supplies or services related thereto.
(i) Except for capital equipment, this article does not
apply to the purchase by a public hospital of medical
products, medical supplies, medical devices, services,
implants, pharmaceuticals, fluids, gases, or any other medical
products which are used in the course of treating patients, or
to support the treatment of patients.
(j)(1) Except as provided in subdivision (2), the
purchase of supplies or services negotiated on behalf of
two-year and four-year colleges and universities may be
awarded without competitive bidding, provided that no state
revenues, appropriations, or other state funds are expended or
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committed and when it is determined by the respective board
that financial benefits will accrue to the institution.
(2) When an Alabama business entity organized under the
laws of this state is available to supply the product or
service purchased or negotiated under subdivision (1), the
Alabama business entity shall have preference unless the
product or service supplied by a foreign corporation is
substantially different or superior to the product or service
supplied by the Alabama business entity.
(3) Public notice shall be provided by the purchasing
agency within 10 days of the execution of a contract under
this subsection. The public notice shall include, at a
minimum, the terms and conditions of any of the supplies or
services that are contracted through negotiation without being
competitively bid and the name and address of the recipient of
the contract.
(k) This article does not apply to purchases and
contracts for the repair of equipment used in the construction
and maintenance of highways by the Department of
Transportation.
(l) This article does not apply to public works
projects governed by Title 39.
(m) This article does not apply to the purchase by the
Department of Transportation of road building materials for
transportation infrastructure in the state. Road building
materials may be purchased from private land owners or
commercial providers from the nearest or most cost-effective
source available for the particular application. Road building
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materials include dirt, gravel, stone, slag, or borrow
materials, in natural state or processed by crushing, grading,
or screening processes.
(n) This article does not apply to purchases of
supplies and services for the maintenance and operation of
highway infrastructure and right-of-way by the Department of
Transportation.
(o) Nothing in this article is intended to repeal or
limit any provision of Article 2, Chapter 1, Title 23,
relating to the powers and authority of the Department of
Transportation. To the extent any provision contained in this
article conflicts with Article 2, Chapter 1, Title 23, the
latter governs.
(p) Governmental bodies may purchase supplies from any
vendor that offers the item at a price at least ten percent
below the price established on a statewide contract by the
Office of the Chief Procurement Officer Division of
Procurement for the same item, provided that each purchase,
whether for a single item or multiple items, does not exceed
an amount established by rules of the Chief Procurement
Officer. The Office of the Chief Procurement Officer Division
of Procurement shall confirm that the terms and conditions of
the purchases are substantially similar to those of the
statewide contract for the same item prior to the approval of
any purchase under this subsection. Any purchase that would be
directly connected to any information technology network used
by the state shall require prior approval by the Secretary of
Information Technology. If the purchaser is to take possession
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of the purchased supplies at the vendor's physical location,
any acquisition of supplies under this subsection may be
purchased only from vendors physically located within the
state. The price of any supplies purchased under this
subsection shall be the market price readily available to the
public at large. The acquisition of supplies under this
subsection is subject to the supervision and administration of
the Office of the Chief Procurement Officer Division of
Procurement.
(q) Nothing in this article is intended to repeal or
limit any provision of Chapter 61E of Title 16, relating to
the powers and authority of the Department of Education to
enter into joint purchasing agreements on behalf of
educational institutions. To the extent any provision
contained in this article conflicts with Chapter 61E of Title
16, the latter governs.
(r) Nothing in this article shall be construed as
repealing Section 9-2-106 or Section 9-2-107.
(s) This article does not apply to purchases by the
Alabama Department of Rehabilitation Services of supplies and
services for the Alabama Department of Rehabilitation Services
consumers.
(t) This article does not apply to the Alabama Medicaid
Agency for purposes of the selection of professional service
providers for contracts with physicians, pharmacists,
dentists, optometrists, opticians, nurses, and other health
professionals which involve only service on agency task
forces, boards, or committees. "
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"§41-4-139
(a) A written determination of nonresponsibility of a
bidder or offeror shall be made in accordance with rules
adopted by the Chief Procurement Officer. The unreasonable
failure of a bidder or offeror to promptly supply information
in connection with an inquiry with respect to responsibility
may be grounds for a determination of nonresponsibility with
respect to the bidder or offeror.
(b) Confidential information furnished by a bidder or
offeror under this section may not be disclosed outside of the
Office of the Chief Procurement Officer Division of
Procurement or the purchasing agency without the prior written
consent of the bidder or offeror."
"§41-4-172
A public procurement unit may sell to, acquire from, or
use any supplies or services belonging to another public
procurement unit without regard to the requirements of
Division 3."
"§29-2-41.1
In case of an emergency adversely affecting public
health, public safety, security, or the economic public
welfare of the state, so declared in writing to the Governor
by the Chief Procurement Officer or the head of the
institution or a purchasing agency involved, as defined under
Section 41-4-114 , setting forth the nature of the danger to
public health, public safety, security or the economic public
welfare of the state, contracts may be let to the extent
necessary to meet the emergency without review by the
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committee. Any contract let pursuant to this section involving
an emergency adversely affecting the economic public welfare
of the state shall be let for a period of not more than 60
days during which time the committee shall review a contract
for a longer period of time if such services are required
beyond the 60-day limit hereby imposed."
Section 2. Section 41-4-125.01 is added to the Code of
Alabama 1975, to read as follows:
41-4-125.01
Physicians retained to provide medical services to the
State of Alabama shall be selected by the purchasing state
entity from a list of qualified physicians maintained by the
Alabama Medical Licensure Commission. All physicians
interested in providing medical services to the State of
Alabama may apply and shall be included on the listing.
Section 3. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB100
Senate 03-May-23
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 06-Jun-23
Senate concurred in House amendment 06-Jun-23
By: Senator Orr
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