Alabama 2023 Regular Session

Alabama Senate Bill SB309 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~SB309ENROLLED~~
	1	+	SB309INTRODUCED
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3		-	MIFIWW-3
	3	+	MIFIWW-1
4	4		By Senator Chambliss
5	5		RFD: County and Municipal Government
6	6		First Read: 11-May-23
7	7		2023 Regular Session
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	13	+	6 MIFIWW-1 05/11/2023 CMH (L)bm 2023-1881
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14		-	Enrolled, An Act,
	15	+	SYNOPSIS:
	16	+	This bill would require state entities procuring
	17	+	the professional services of architects, landscape
	18	+	architects, engineers, land surveyors, geoscientists,
	19	+	and other similar professionals to procure the
	20	+	contracts based on a qualification-based selection
	21	+	process and would provide for that process.
	22	+	A BILL
	23	+	TO BE ENTITLED
	24	+	AN ACT
15	25		Relating to contracts for professional services; to
16	26		amend Section 41-4-133, Code of Alabama 1975, as last amended
17	27		by Act 2022-357, to provide for the procurement of certain
18	28		professional service contracts based on competitive,
19	29		qualification-based policies and procedures; to provide for
20	30		the advertisement of such contracts; and to subject such
21	31		contracts to a fee schedule established by the Division of
22	32		Construction Management of the Department of Finance, with
23	33		exception.
24	34		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25	35		Section 1. Section 41-4-133, Code of Alabama 1975, as
26	36		last amended by Act 2022-357, is amended to read as follows:
27		-	"§41-4-133
28		-	(a)(1) A contract may be entered into by competitive
29		-	sealed proposals when the Chief Procurement Officer or the
30		-	head of a purchasing agency, in accordance with rules,
31		-	determines that the use of competitive sealed bidding is
32		-	either not practicable or not advantageous to the state.
33		-	Unless determined otherwise by the Chief Procurement Officer,
34		-	professional services shall be procured by competitive sealed
35		-	proposals.
36		-	(2) The Chief Procurement Officer may determine by rule
37		-	when it is either not practicable or advantageous to the state
38		-	to procure specified types of supplies or services by
39		-	competitive sealed bidding.
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	64	+	28 SB309 INTRODUCEDSB309 INTRODUCED
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	66	+	"§41-4-133
	67	+	(a)(1) A contract may be entered into by competitive
	68	+	sealed proposals when the Chief Procurement Officer or the
	69	+	head of a purchasing agency, in accordance with rules,
	70	+	determines that the use of competitive sealed bidding is
	71	+	either not practicable or not advantageous to the state.
	72	+	Unless determined otherwise by the Chief Procurement Officer,
	73	+	professional services shall be procured by competitive sealed
	74	+	proposals.
	75	+	(2) The Chief Procurement Officer may determine by rule
	76	+	when it is either not practicable or advantageous to the state
	77	+	to procure specified types of supplies or services by
	78	+	competitive sealed bidding.
69	79		(b) Proposals shall be solicited through a request for
70	80		proposals.
71	81		(c) Adequate public notice of the request for proposals
72	82		shall be given in the same manner as provided in subsection
73	83		(c) of Section 41-4-132.
74	84		(d) Proposals shall be opened so as to avoid disclosure
75	85		of contents to competing offerors prior to contract award. A
76	86		register of proposals shall be prepared in accordance with
77	87		rules and shall be open for public inspection after award of
78	88		the contract.
79	89		(e) A request for proposals shall state the relative
80	90		importance of price and other factors and subfactors, if any.
81	91		(f) Discussions may be conducted with responsible
82	92		offerors who submit proposals determined by the Chief
83	93		Procurement Officer or purchasing agency to be reasonably
84		-	competitive for award to assure full understanding of, and
85		-	responsiveness to, the solicitation requirements. The
86		-	determination of the Chief Procurement Officer or purchasing
87		-	agency is not subject to review. Offerors shall be accorded
88		-	fair and equal treatment with respect to any opportunity for
89		-	discussion and revision of proposals. Revisions of proposals
90		-	may be permitted after submissions and prior to award for the
91		-	purpose of obtaining best and final offers. In conducting
92		-	discussions, there may not be disclosure of any information
93		-	derived from proposals submitted by competing offerors.
94		-	(g) Contracts shall be awarded to the responsible
95		-	offeror whose proposal conforms to the solicitation and is
96		-	determined in writing to be the most advantageous to the
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	123	+	competitive for award to assure full understanding of, and
	124	+	responsiveness to, the solicitation requirements. The
	125	+	determination of the Chief Procurement Officer or purchasing
	126	+	agency is not subject to review. Offerors shall be accorded
	127	+	fair and equal treatment with respect to any opportunity for
	128	+	discussion and revision of proposals. Revisions of proposals
	129	+	may be permitted after submissions and prior to award for the
	130	+	purpose of obtaining best and final offers. In conducting
	131	+	discussions, there may not be disclosure of any information
	132	+	derived from proposals submitted by competing offerors.
	133	+	(g) Contracts shall be awarded to the responsible
	134	+	offeror whose proposal conforms to the solicitation and is
	135	+	determined in writing to be the most advantageous to the
126	136		state, taking into consideration price and the evaluation
127	137		factors set forth in the request for proposals. No other
128	138		factors or criteria shall be used in the evaluation. Public
129	139		notice of the award of a contract shall be promptly given.
130	140		(h) The Chief Procurement Officer may provide
131	141		debriefings that furnish the basis for the source selection
132	142		decision and contract award.
133	143		(i)(1) Before soliciting proposals, the Chief
134	144		Procurement Officer may authorize issuance of a request for
135	145		qualifications from prospective offerors. The request shall
136	146		contain, at a minimum, a description of the scope of work to
137	147		be solicited by the request for proposals, the deadline for
138	148		submission of information, and how prospective offerors may
139	149		apply for consideration. The request shall require information
140	150		concerning the prospective offeror's product specifications,
141		-	qualifications, experience, and ability to perform the
142		-	requirements of the contract. Adequate public notice of the
143		-	request for qualifications shall be given in the same manner
144		-	as provided in subsection (c) of Section 41-4-132.
145		-	(2) After receipt of the responses to the request for
146		-	qualifications from prospective offerors, all qualified
147		-	offerors, as determined by the Chief Procurement Officer,
148		-	shall have an opportunity to submit proposals. The
149		-	determination regarding which offerors are qualified is not
150		-	subject to review.
151		-	(3) If a professional service provider is prohibited by
152		-	law or policy from submitting proposals in response to a
153		-	request for proposals, the Chief Procurement Officer or
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	180	+	qualifications, experience, and ability to perform the
	181	+	requirements of the contract. Adequate public notice of the
	182	+	request for qualifications shall be given in the same manner
	183	+	as provided in subsection (c) of Section 41-4-132.
	184	+	(2) After receipt of the responses to the request for
	185	+	qualifications from prospective offerors, all qualified
	186	+	offerors, as determined by the Chief Procurement Officer,
	187	+	shall have an opportunity to submit proposals. The
	188	+	determination regarding which offerors are qualified is not
	189	+	subject to review.
	190	+	(3) If a professional service provider is prohibited by
	191	+	law or policy from submitting proposals in response to a
	192	+	request for proposals, the Chief Procurement Officer or
183	193		purchasing agency may shall utilize the request for
184	194		qualifications process to determine the awardee.
185		-	(j)(1) In addition to the requirements of Section
186		-	34-11-35.1(d)or any rule adopted thereunder, the professional
187		-	services of engineers, land surveyors, and geoscientists shall
188		-	be procured in accordance with competitive,
189		-	qualification-based selection policies and procedures.
190		-	Selection shall be based on factors to be developed by the
191		-	procuring state entity which may include, among others, the
192		-	following:
	195	+	(j)(1) In addition to any requirement adopted by the
	196	+	the State Board of Licensure for Professional Engineers and
	197	+	Land Surveyors pursuant to Section 34-11-35.1, or rule of any
	198	+	other applicable licensing board, the professional services of
	199	+	architects, landscape architects, engineers, land surveyors,
	200	+	geoscientists, and other similar professionals shall be
	201	+	procured in accordance with competitive, qualification-based
	202	+	selection policies and procedures. Selection shall be based on
	203	+	factors to be developed by the procuring state entity which
	204	+	may include, among others, the following:
193	205		a. Specialized expertise, capabilities, and technical
194	206		competence, as demonstrated by the proposed approach and
195	207		methodology to meet project requirements.
196		-	b. Resources available to perform the work, including
197		-	any specialized services within the specified time limits for
198		-	the project.
199		-	c. Record of past performance, quality of work, ability
200		-	to meet schedules, cost control, and contract administration.
201		-	d. Availability to and familiarity with the project
202		-	locale.
203		-	e. Proposed project management techniques.
204		-	f. Ability and proven history in handling special
205		-	project contracts.
206		-	(2) A request for qualifications may be submitted to an
207		-	architect for his or her professional services; provided, upon
208		-	a determination by the procuring entity that the architect is
209		-	adequately qualified to perform the contract, the architect's
210		-	character, reputation, aptitude, location to the project site,
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240		-	and personality may play a decisive part in awarding the
241		-	contract.
242		-	(3) Only a licensed design professional, as defined
243		-	under Section 41-9A-3, may be permitted to assemble
244		-	construction bid documents under this article or under Chapter
245		-	16 of Title 41.
246		-	(4) Notice of a need for professional services shall be
	237	+	b. Resources available to perform the work, including
	238	+	any specialized services within the specified time limits for
	239	+	the project.
	240	+	c. Record of past performance, quality of work, ability
	241	+	to meet schedules, cost control, and contract administration.
	242	+	d. Availability to and familiarity with the project
	243	+	locale.
	244	+	e. Proposed project management techniques.
	245	+	f. Ability and proven history in handling special
	246	+	project contracts.
	247	+	(2) Notice of a need for professional services shall be
247	248		widely disseminated to the respective professional community
248	249		in a full and open manner. Procuring state entities shall
249	250		evaluate professionals that respond to the notice of need
250	251		based on the state entity's qualification-based selection
251	252		process criteria. The procuring state entity shall then make a
252	253		good faith effort to negotiate a contract for professional
253	254		services from the selected professional after first discussing
254	255		and refining the scope of services for the project with the
255	256		professional.
256		-	(5) For those governmental bodies subject to the
257		-	requirements of this article, where the Division of
258		-	Construction Management of the Department of Finance has set a
259		-	fee schedule for the professional services sought, the fees
260		-	shall not exceed the schedule without approval of the Director
261		-	of the Division of Construction Management and the Governor.
262		-	(6) A governmental body identified in Section 41-4-124
263		-	shall not be subject to this article or its requirements as it
264		-	relates to the purchase and procurement of professional
265		-	services, but shall adopt rules or board policies to promote
266		-	fairness, competition, transparency, integrity, and value in
267		-	the procurement of engineers, land surveyors, and
	257	+	(3) Where the Division of Construction Management of
	258	+	the Department of Finance has set a fee schedule for the
	259	+	professional services sought, the fees shall not exceed the
	260	+	schedule without approval of the Director of the Division of
	261	+	Construction Management and the Governor. "
	262	+	Section 2. This act shall become effective on the first
	263	+	day of the third month following its passage and approval by
	264	+	the Governor, or its otherwise becoming law.
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297		-	geoscientists."
298		-	Section 2. This act shall become effective on the first
299		-	day of the third month following its passage and approval by
300		-	the Governor, or its otherwise becoming law.
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306		-	________________________________________________
307		-	President and Presiding Officer of the Senate
308		-	________________________________________________
309		-	Speaker of the House of Representatives
310		-	SB309
311		-	Senate 18-May-23
312		-	I hereby certify that the within Act originated in and passed
313		-	the Senate, as amended.
314		-	Patrick Harris,
315		-	Secretary.
316		-	House of Representatives
317		-	Amended and passed: 31-May-23
318		-	Senate concurred in House amendment 31-May-23
319		-	By: Senator Chambliss
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