SB309ENGROSSED
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MIFIWW-2
By Senator Chambliss
RFD: County and Municipal Government
First Read: 11-May-23
2023 Regular Session
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A BILL
TO BE ENTITLED
AN ACT
Relating to contracts for professional services; to
amend Section 41-4-133, Code of Alabama 1975, as last amended
by Act 2022-357, to provide for the procurement of certain
professional service contracts based on competitive,
qualification-based policies and procedures; to provide for
the advertisement of such contracts; and to subject such
contracts to a fee schedule established by the Division of
Construction Management of the Department of Finance, with
exception.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 41-4-133, Code of Alabama 1975, as
last amended by Act 2022-357, is amended to read as follows:
"ยง41-4-133
(a)(1) A contract may be entered into by competitive
sealed proposals when the Chief Procurement Officer or the
head of a purchasing agency, in accordance with rules,
determines that the use of competitive sealed bidding is
either not practicable or not advantageous to the state.
Unless determined otherwise by the Chief Procurement Officer,
professional services shall be procured by competitive sealed
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proposals.
(2) The Chief Procurement Officer may determine by rule
when it is either not practicable or advantageous to the state
to procure specified types of supplies or services by
competitive sealed bidding.
(b) Proposals shall be solicited through a request for
proposals.
(c) Adequate public notice of the request for proposals
shall be given in the same manner as provided in subsection
(c) of Section 41-4-132.
(d) Proposals shall be opened so as to avoid disclosure
of contents to competing offerors prior to contract award. A
register of proposals shall be prepared in accordance with
rules and shall be open for public inspection after award of
the contract.
(e) A request for proposals shall state the relative
importance of price and other factors and subfactors, if any.
(f) Discussions may be conducted with responsible
offerors who submit proposals determined by the Chief
Procurement Officer or purchasing agency to be reasonably
competitive for award to assure full understanding of, and
responsiveness to, the solicitation requirements. The
determination of the Chief Procurement Officer or purchasing
agency is not subject to review. Offerors shall be accorded
fair and equal treatment with respect to any opportunity for
discussion and revision of proposals. Revisions of proposals
may be permitted after submissions and prior to award for the
purpose of obtaining best and final offers. In conducting
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discussions, there may not be disclosure of any information
derived from proposals submitted by competing offerors.
(g) Contracts shall be awarded to the responsible
offeror whose proposal conforms to the solicitation and is
determined in writing to be the most advantageous to the
state, taking into consideration price and the evaluation
factors set forth in the request for proposals. No other
factors or criteria shall be used in the evaluation. Public
notice of the award of a contract shall be promptly given.
(h) The Chief Procurement Officer may provide
debriefings that furnish the basis for the source selection
decision and contract award.
(i)(1) Before soliciting proposals, the Chief
Procurement Officer may authorize issuance of a request for
qualifications from prospective offerors. The request shall
contain, at a minimum, a description of the scope of work to
be solicited by the request for proposals, the deadline for
submission of information, and how prospective offerors may
apply for consideration. The request shall require information
concerning the prospective offeror's product specifications,
qualifications, experience, and ability to perform the
requirements of the contract. Adequate public notice of the
request for qualifications shall be given in the same manner
as provided in subsection (c) of Section 41-4-132.
(2) After receipt of the responses to the request for
qualifications from prospective offerors, all qualified
offerors, as determined by the Chief Procurement Officer,
shall have an opportunity to submit proposals. The
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determination regarding which offerors are qualified is not
subject to review.
(3) If a professional service provider is prohibited by
law or policy from submitting proposals in response to a
request for proposals, the Chief Procurement Officer or
purchasing agency may shall utilize the request for
qualifications process to determine the awardee.
(j)(1) In addition to the requirements of Section
34-11-35.1(d)or any rule adopted thereunder, the professional
services of architects, landscape architects, engineers, land
surveyors, geoscientists, and other similar professionals
shall be procured in accordance with competitive,
qualification-based selection policies and procedures.
Selection shall be based on factors to be developed by the
procuring state entity which may include, among others, the
following:
a. Specialized expertise, capabilities, and technical
competence, as demonstrated by the proposed approach and
methodology to meet project requirements.
b. Resources available to perform the work, including
any specialized services within the specified time limits for
the project.
c. Record of past performance, quality of work, ability
to meet schedules, cost control, and contract administration.
d. Availability to and familiarity with the project
locale.
e. Proposed project management techniques.
f. Ability and proven history in handling special
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project contracts.
(2) Notice of a need for professional services shall be
widely disseminated to the respective professional community
in a full and open manner. Procuring state entities shall
evaluate professionals that respond to the notice of need
based on the state entity's qualification-based selection
process criteria. The procuring state entity shall then make a
good faith effort to negotiate a contract for professional
services from the selected professional after first discussing
and refining the scope of services for the project with the
professional.
(3) For those governmental bodies subject to the
requirements of this article, where the Division of
Construction Management of the Department of Finance has set a
fee schedule for the professional services sought, the fees
shall not exceed the schedule without approval of the Director
of the Division of Construction Management and the Governor.
(4) A governmental body identified in Section 41-4-124
shall not be subject to this article or its requirements as it
relates to the purchase and procurement of professional
services, but shall adopt rules or board policies to promote
fairness, competition, transparency, integrity, and value in
the procurement of architects, landscape architects,
engineers, land surveyors, geoscientists, and interior
designers."
Section 2. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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Senate
Read for the first time and referred
to the Senate committee on County
and Municipal Government
................11-May-23
Read for the second time and placed
on the calendar:
2 amendments
................16-May-23
Read for the third time and passed
as amended
Yeas 33
Nays 0
Abstains 0
................18-May-23
Patrick Harris,
Secretary.
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