| 15 | | - | A BILL |
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| 16 | | - | TO BE ENTITLED |
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| 17 | | - | AN ACT |
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| 18 | | - | To amend Sections 41-4-161, 41-4-164, 41-16-82, |
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| 19 | | - | 41-16-83, 41-16-85, and 41-16-87, Code of Alabama 1975; to |
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| 20 | | - | provide further for the procedures for protesting certain |
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| 21 | | - | competitive bid contracts. |
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| 22 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 23 | | - | Section 1. Sections 41-4-161, 41-4-164, 41-16-82, |
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| 24 | | - | 41-16-83, 41-16-85, and 41-16-87, Code of Alabama 1975, are |
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| 25 | | - | amended to read as follows: |
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| 26 | | - | "§41-4-161 |
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| 27 | | - | (a)(1) A bona fide prospective bidder or offeror who is |
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| 28 | | - | aggrieved in connection with the solicitation of a contract |
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| 29 | | - | may file a notice of intent to protest towith the Chief |
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| 30 | | - | Procurement Officer within 14five calendar days of the date of |
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| 31 | | - | issuance ofafter the date the solicitation , or any amendment |
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| 32 | | - | to it, is issued, if the amendment is at issue. Upon filing |
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| 33 | | - | the notice, a bona fide prospective bidder or offeror shall |
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| 34 | | - | have seven calendar days to submit a formal written protest. |
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| 35 | | - | (2)a. Except as provided in paragraph b., a bona fide |
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| 36 | | - | actual bidder or offeror who is aggrieved in connection with |
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| 15 | + | SYNOPSIS: |
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| 16 | + | Under existing law, a prospective bidder or |
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| 17 | + | offeror who is protesting a competitive bid contract |
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| 18 | + | must follow certain time periods and deadlines |
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| 19 | + | throughout the process. |
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| 20 | + | Under existing law, any person that submits to a |
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| 21 | + | a contract, a contract proposal, a bid, or a grant |
|---|
| 22 | + | proposal to the state for an amount equal to or greater |
|---|
| 23 | + | than a certain amount, and for the purpose of financial |
|---|
| 24 | + | gain, is required to include a disclosure statement for |
|---|
| 25 | + | each contract, contract proposal, bid, or grant |
|---|
| 26 | + | proposal that it submits, subject to certain |
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| 27 | + | exceptions. |
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| 28 | + | Under existing law a disclosure statement must |
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| 29 | + | provide certain information about individuals who may |
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| 30 | + | gain financial benefit from their relationships with |
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| 31 | + | the person submitting the contract, contract proposal, |
|---|
| 32 | + | bid, or grant proposal. |
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| 33 | + | Under existing law, a prospective bidder or |
|---|
| 34 | + | offeror who is protesting a competitive bid contract |
|---|
| 35 | + | must follow certain time periods and deadlines |
|---|
| 36 | + | throughout the process. |
|---|
| 37 | + | Under existing law, any person that submits to a |
|---|
| 38 | + | a contract, a contract proposal, a bid, or a grant |
|---|
| 39 | + | proposal to the state for an amount equal to or greater |
|---|
| 66 | | - | actual bidder or offeror who is aggrieved in connection with |
|---|
| 67 | | - | the intended award or the award of a contract may file a |
|---|
| 68 | | - | notice of intent to protest towith the Chief Procurement |
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| 69 | | - | Officer within 14five calendar days ofafter the earlier of: |
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| 70 | | - | (i) the date of the award; or (ii) noticenotification of |
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| 71 | | - | intent to award, whichever is earlier, is posted in accordance |
|---|
| 72 | | - | with this article. Upon filing a notice of intent to protest, |
|---|
| 73 | | - | a bona fide actual bidder or offeror may submit a formal |
|---|
| 74 | | - | protest within seven calendar days. The Chief Procurement |
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| 75 | | - | Officer may make an award if he or she does not receive the |
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| 76 | | - | notice of intent to protest within five days after it is |
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| 77 | | - | timely filed. |
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| 78 | | - | b. A matter that could have been raised under |
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| 79 | | - | subdivision (1) as a protest of the solicitation may not be |
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| 80 | | - | raised as a protest of the award or intended award of a |
|---|
| 81 | | - | contract. |
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| 82 | | - | (3) A notice of intent to protest filed under |
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| 83 | | - | subdivision (1) or (2) shall be in writing, be filed with the |
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| 84 | | - | Chief Procurement Officer, and set forth the intent to |
|---|
| 85 | | - | protest, and state the grounds of the protest and the relief |
|---|
| 86 | | - | requested with enough particularity to give notice of the |
|---|
| 87 | | - | issues to be decided. |
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| 88 | | - | (b) The Chief Procurement Officer, or his or her |
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| 89 | | - | designee, may settle and resolve the protest of a bona fide |
|---|
| 90 | | - | actual or prospective bidder or offeror concerning the |
|---|
| 91 | | - | solicitation or award of a contract in accordance with rules |
|---|
| 92 | | - | adopted under this article. |
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| 93 | | - | (c) If the protest is not resolved by mutual agreement |
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| 94 | | - | within 10 days after the protest is filed, the Chief |
|---|
| 69 | + | proposal to the state for an amount equal to or greater |
|---|
| 70 | + | than a certain amount, and for the purpose of financial |
|---|
| 71 | + | gain, is required to include a disclosure statement for |
|---|
| 72 | + | each contract, contract proposal, bid, or grant |
|---|
| 73 | + | proposal that it submits, subject to certain |
|---|
| 74 | + | exceptions. |
|---|
| 75 | + | Under existing law a disclosure statement must |
|---|
| 76 | + | provide certain information about individuals who may |
|---|
| 77 | + | gain financial benefit from their relationships with |
|---|
| 78 | + | the person submitting the contract, contract proposal, |
|---|
| 79 | + | bid, or grant proposal. |
|---|
| 80 | + | A BILL |
|---|
| 81 | + | TO BE ENTITLED |
|---|
| 82 | + | AN ACT |
|---|
| 83 | + | To amend Sections 41-4-161, 41-4-164, 41-16-82, |
|---|
| 84 | + | 41-16-83, 41-16-85, and 41-16-87, Code of Alabama 1975; to |
|---|
| 85 | + | provide further for the procedures for protesting certain |
|---|
| 86 | + | competitive bid contracts. |
|---|
| 87 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
|---|
| 88 | + | Section 1. Sections 41-4-161, 41-4-164, 41-16-82, |
|---|
| 89 | + | 41-16-83, 41-16-85, and 41-16-87, Code of Alabama 1975, are |
|---|
| 90 | + | amended to read as follows: |
|---|
| 91 | + | "§41-4-161 |
|---|
| 92 | + | (a)(1) A bona fide prospective bidder or offeror who is |
|---|
| 93 | + | aggrieved in connection with the solicitation of a contract |
|---|
| 124 | | - | within 10 days after the protest is filed, the Chief |
|---|
| 125 | | - | Procurement Officer shall commence an administrative review of |
|---|
| 126 | | - | the protest and issue a decision in writing within 14 days |
|---|
| 127 | | - | ofafter the review. |
|---|
| 128 | | - | (d) A copy of the decision under subsection (c) shall |
|---|
| 129 | | - | be mailed or otherwise furnished immediately to the protestor |
|---|
| 130 | | - | and any other party intervening. |
|---|
| 131 | | - | (e) A decision under subsection (c) shall be final and |
|---|
| 132 | | - | conclusive, unless fraudulent , or unless a party adversely |
|---|
| 133 | | - | affected by the decision appeals administratively to the |
|---|
| 134 | | - | Director of Finance in accordance with Section 41-4-164. |
|---|
| 135 | | - | (f) In the event of a timely protest under subsection |
|---|
| 136 | | - | (a) or an appeal under Section 41-4-164, the state may not |
|---|
| 137 | | - | proceed further with the solicitation or with the award of the |
|---|
| 138 | | - | contract until five days after notice of the final decision is |
|---|
| 139 | | - | provided to the protestor ; however, a, except that |
|---|
| 140 | | - | solicitation or award of a protested contract is not stayedmay |
|---|
| 141 | | - | proceed without delay if the Chief Procurement Officer, after |
|---|
| 142 | | - | consultation with the head of the using agency or the head of |
|---|
| 143 | | - | a purchasing agency, makes a written determination that the |
|---|
| 144 | | - | solicitation or award of the contract without further delay is |
|---|
| 145 | | - | necessary to protect the best interests of the state." |
|---|
| 146 | | - | "§41-4-164 |
|---|
| 147 | | - | (a) A party that receives an adverse decision from the |
|---|
| 148 | | - | Chief Procurement Officer under subsection (c) of Section |
|---|
| 149 | | - | 41-4-161(c) or subsection (c) of Section 41-4-162 (c) may |
|---|
| 150 | | - | appeal the decision to the Director of Finance. |
|---|
| 151 | | - | (b) AnAny appeal to the Director of Finance shall be |
|---|
| 152 | | - | made in writing within five days ofafter receipt of the |
|---|
| 123 | + | aggrieved in connection with the solicitation of a contract |
|---|
| 124 | + | may file a notice of intent to protest towith the Chief |
|---|
| 125 | + | Procurement Officer within 14five calendar days of the date of |
|---|
| 126 | + | issuance of after the date the solicitation , or any amendment |
|---|
| 127 | + | to it is issued, if the amendment is at issue. Upon filing the |
|---|
| 128 | + | notice, a bona fide prospective bidder or offeror shall have |
|---|
| 129 | + | seven calendar days to submit a formal written protest. |
|---|
| 130 | + | (2)a. Except as provided in paragraph b., a bona fide |
|---|
| 131 | + | actual bidder or offeror who is aggrieved in connection with |
|---|
| 132 | + | the intended award or the award of a contract may file a |
|---|
| 133 | + | notice of intent to protest towith the Chief Procurement |
|---|
| 134 | + | Officer within 14five calendar days of after the earlier of: |
|---|
| 135 | + | (i) the date of the award; or (ii) noticenotification of |
|---|
| 136 | + | intent to award, whichever is earlier, is posted in accordance |
|---|
| 137 | + | with this article. Upon filing a notice of intent to protest, |
|---|
| 138 | + | a bona fide actual bidder or offeror may submit a formal |
|---|
| 139 | + | protest within seven calendar days. The Chief Procurement |
|---|
| 140 | + | Officer may make an award if he or she does not receive the |
|---|
| 141 | + | notice of intent to protest within five days after it is |
|---|
| 142 | + | timely filed. |
|---|
| 143 | + | b. A matter that could have been raised under |
|---|
| 144 | + | subdivision (1) as a protest of the solicitation may not be |
|---|
| 145 | + | raised as a protest of the award or intended award of a |
|---|
| 146 | + | contract. |
|---|
| 147 | + | (3) A notice of intent to protest filed under |
|---|
| 148 | + | subdivision (1) or (2) shall be in writing, be filed with the |
|---|
| 149 | + | Chief Procurement Officer, and set forth the intent to |
|---|
| 150 | + | protest, and state the grounds of the protest and the relief |
|---|
| 151 | + | requested with enough particularity to give notice of the |
|---|
| 182 | | - | made in writing within five days ofafter receipt of the |
|---|
| 183 | | - | adverse decision fromby the Chief Procurement Officer. |
|---|
| 184 | | - | (c) The Director of Finance shall hold unlawful and set |
|---|
| 185 | | - | aside any decision issued by the Chief Procurement Officer |
|---|
| 186 | | - | that the director finds to be arbitrary, capricious, an abuse |
|---|
| 187 | | - | of discretion, or otherwise not in accordance inconsistent with |
|---|
| 188 | | - | law. |
|---|
| 189 | | - | (d) The Director of Finance shall issue a written |
|---|
| 190 | | - | decision within 14 days ofafter receipt of the appeal. |
|---|
| 191 | | - | (e) A copy of the decision under subsection (d) shall |
|---|
| 192 | | - | be mailed or otherwise furnished immediately to the parties. |
|---|
| 193 | | - | (f) A decision under subsection (d) shall be final and |
|---|
| 194 | | - | conclusive unless fraudulent. |
|---|
| 195 | | - | (g) The administrative procedures and remedies provided |
|---|
| 196 | | - | in this division shall not be construed as a contested case |
|---|
| 197 | | - | under the Alabama Administrative Procedures Act. " |
|---|
| 198 | | - | "§41-16-82 |
|---|
| 199 | | - | (a) This article shall only apply in cases where the to |
|---|
| 200 | | - | either of the following: |
|---|
| 201 | | - | (1) A proposed grant that exceeds twenty-five thousand |
|---|
| 202 | | - | dollars ($25,000). |
|---|
| 203 | | - | (2) A or proposed contract at issue exceeds five |
|---|
| 204 | | - | thousand dollars ($5,000) that meets or exceeds the threshold |
|---|
| 205 | | - | for bid or other formal solicitations under Article 5 of |
|---|
| 206 | | - | Chapter 4 of Title 41 or any other law that requires formal |
|---|
| 207 | | - | solicitation procedures for awarding public contracts . |
|---|
| 208 | | - | (b)(1) All persons whothat, for the purpose of direct |
|---|
| 209 | | - | financial gain, submit a proposal, bid, contract, or grant |
|---|
| 210 | | - | proposal to the State of Alabama, shall include a disclosure |
|---|
| 181 | + | requested with enough particularity to give notice of the |
|---|
| 182 | + | issues to be decided. |
|---|
| 183 | + | (b) The Chief Procurement Officer, or his or her |
|---|
| 184 | + | designee, may settle and resolve the protest of a bona fide |
|---|
| 185 | + | actual or prospective bidder or offeror concerning the |
|---|
| 186 | + | solicitation or award of a contract in accordance with rules |
|---|
| 187 | + | adopted under this article. |
|---|
| 188 | + | (c) If the protest is not resolved by mutual agreement |
|---|
| 189 | + | within 10 days after the protest is filed, the Chief |
|---|
| 190 | + | Procurement Officer shall commence an administrative review of |
|---|
| 191 | + | the protest and issue a decision in writing within 14 days |
|---|
| 192 | + | ofafter the review. |
|---|
| 193 | + | (d) A copy of the decision under subsection (c) shall |
|---|
| 194 | + | be mailed or otherwise furnished immediately to the protestor |
|---|
| 195 | + | and any other party intervening. |
|---|
| 196 | + | (e) A decision under subsection (c) shall be final and |
|---|
| 197 | + | conclusive, unless fraudulent , or unless a party adversely |
|---|
| 198 | + | affected by the decision appeals administratively to the |
|---|
| 199 | + | Director of Finance in accordance with Section 41-4-164. |
|---|
| 200 | + | (f) In the event of a timely protest under subsection |
|---|
| 201 | + | (a) or an appeal under Section 41-4-164, the state may not |
|---|
| 202 | + | proceed further with the solicitation or with the award of the |
|---|
| 203 | + | contract until five days after notice of the final decision is |
|---|
| 204 | + | provided to the protestor , ; however, aexcept that |
|---|
| 205 | + | solicitation or award of a protested contract is not stayedmay |
|---|
| 206 | + | proceed without delay if the Chief Procurement Officer, after |
|---|
| 207 | + | consultation with the head of the using agency or the head of |
|---|
| 208 | + | a purchasing agency, makes a written determination that the |
|---|
| 209 | + | solicitation or award of the contract without further delay is |
|---|
| 240 | | - | proposal to the State of Alabama, shall include a disclosure |
|---|
| 241 | | - | statement identical to, or provide the same required |
|---|
| 242 | | - | disclosures as, the disclosure statement developed by the |
|---|
| 243 | | - | Attorney General and approved by the Legislative Council. The |
|---|
| 244 | | - | disclosure statement shall not be required for contractsany of |
|---|
| 245 | | - | the following: |
|---|
| 246 | | - | a. Contracts with publicly traded companies. |
|---|
| 247 | | - | b. Contracts for gas, water, and electric services |
|---|
| 248 | | - | where no competition exists, or where rates are fixed by law |
|---|
| 249 | | - | or ordinance. |
|---|
| 250 | | - | c. The award of economic development incentives. |
|---|
| 251 | | - | (2) In circumstances where a contract is awarded by |
|---|
| 252 | | - | competitive bid or other formal solicitation procedure , the |
|---|
| 253 | | - | disclosure statement shall be required only from the person |
|---|
| 254 | | - | receivingawarded the contract and shall be submitted by that |
|---|
| 255 | | - | person within 1030 days of the award. |
|---|
| 256 | | - | (c) Notwithstanding any provision of this article to |
|---|
| 257 | | - | the contrary, a person entering into contracts or receiving |
|---|
| 258 | | - | multiple grants during the same calendar year with multiple |
|---|
| 259 | | - | state agencies may submit a single comprehensive annual |
|---|
| 260 | | - | disclosure statement to each agency, department, or division |
|---|
| 261 | | - | from which the person has been awarded contracts or grants. |
|---|
| 262 | | - | (d)(1)(c)(1) State agencies, departments, or divisions |
|---|
| 263 | | - | are authorized to establish electronic systems for submission |
|---|
| 264 | | - | of annual disclosure statements, and submission to the shared |
|---|
| 265 | | - | electronic systems shall satisfy the requirements for |
|---|
| 266 | | - | submitting a disclosure statement to the agency, department, |
|---|
| 267 | | - | or division. |
|---|
| 268 | | - | (2) Agencies, departments, and divisions are further |
|---|
| 239 | + | solicitation or award of the contract without further delay is |
|---|
| 240 | + | necessary to protect the best interests of the state." |
|---|
| 241 | + | "§41-4-164 |
|---|
| 242 | + | (a) A party that receives an adverse decision from the |
|---|
| 243 | + | Chief Procurement Officer under subsection (c) of Section |
|---|
| 244 | + | 41-4-161(c) or subsection (c) of Section 41-4-162 (c) may |
|---|
| 245 | + | appeal the decision to the Director of Finance. |
|---|
| 246 | + | (b) AnAny appeal to the Director of Finance shall be |
|---|
| 247 | + | made in writing within five days ofafter receipt of the |
|---|
| 248 | + | adverse decision fromby the Chief Procurement Officer. |
|---|
| 249 | + | (c) The Director of Finance shall hold unlawful and set |
|---|
| 250 | + | aside any decision issued by the Chief Procurement Officer |
|---|
| 251 | + | that the director finds to be arbitrary, capricious, an abuse |
|---|
| 252 | + | of discretion, or otherwise not in accordance inconsistent with |
|---|
| 253 | + | law. |
|---|
| 254 | + | (d) The Director of Finance shall issue a written |
|---|
| 255 | + | decision within 14 days ofafter receipt of the appeal. |
|---|
| 256 | + | (e) A copy of the decision under subsection (d) shall |
|---|
| 257 | + | be mailed or otherwise furnished immediately to the parties. |
|---|
| 258 | + | (f) A decision under subsection (d) shall be final and |
|---|
| 259 | + | conclusive unless fraudulent. |
|---|
| 260 | + | (g) The administrative procedures and remedies provided |
|---|
| 261 | + | in this section shall not be construed as a contested case |
|---|
| 262 | + | under the Alabama Administrative Procedures Act. " |
|---|
| 263 | + | "§41-16-82 |
|---|
| 264 | + | (a) This article shall only apply in cases where the to |
|---|
| 265 | + | either of the following: |
|---|
| 266 | + | (1) A proposed grant that exceeds twenty-five thousand |
|---|
| 267 | + | dollars ($25,000). |
|---|
| 298 | | - | (2) Agencies, departments, and divisions are further |
|---|
| 299 | | - | authorized to establish shared electronic systems to satisfy |
|---|
| 300 | | - | the requirements of this article. " |
|---|
| 301 | | - | "§41-16-83 |
|---|
| 302 | | - | (a) The information required on the disclosure |
|---|
| 303 | | - | statement shall be made under oath and penalty as prescribed |
|---|
| 304 | | - | herein and shall include, but not be limited to, the |
|---|
| 305 | | - | following: |
|---|
| 306 | | - | (1) A list of the names and addresses of any public |
|---|
| 307 | | - | official, and public employee, andor family members of the |
|---|
| 308 | | - | public official andor public employee , who may have a family |
|---|
| 309 | | - | relationship with the submitting person or his or her |
|---|
| 310 | | - | immediate family members , or his or her employees, and who may |
|---|
| 311 | | - | directly personally benefit financially from the contract, |
|---|
| 312 | | - | proposal, request for proposal, invitation to bid, or grant |
|---|
| 313 | | - | proposal. |
|---|
| 314 | | - | (2) A description of any financial benefit that may be |
|---|
| 315 | | - | knowingly gained by any public official, public employee, |
|---|
| 316 | | - | andor family membersmember of the public official andor public |
|---|
| 317 | | - | employee that may result either directly or indirectly from |
|---|
| 318 | | - | the person or his or her immediate family members, or his or |
|---|
| 319 | | - | her employees. |
|---|
| 320 | | - | (3) The names and addresses of any paid consultant or |
|---|
| 321 | | - | lobbyist for the contract, proposal, request for proposal, |
|---|
| 322 | | - | invitation to bid, or grant proposal. |
|---|
| 323 | | - | (b) The State of Alabama shall not enter into any |
|---|
| 324 | | - | contract or appropriate any public funds with any person |
|---|
| 325 | | - | whothat refuses to provide information required by this |
|---|
| 326 | | - | section. |
|---|
| 297 | + | dollars ($25,000). |
|---|
| 298 | + | (2) A or proposed contract at issue exceeds five |
|---|
| 299 | + | thousand dollars ($5,000) that meets or exceeds the threshold |
|---|
| 300 | + | for bid or other formal solicitations under Title 39, Article |
|---|
| 301 | + | 5 of Chapter 4 of Title 41, or any other law that requires |
|---|
| 302 | + | formal solicitation procedures for awarding public contracts . |
|---|
| 303 | + | (b)(1) All persons whothat, for the purpose of direct |
|---|
| 304 | + | financial gain, submit a proposal, bid, contract, or grant |
|---|
| 305 | + | proposal to the State of Alabama, shall include a disclosure |
|---|
| 306 | + | statement identical to, or provide the same required |
|---|
| 307 | + | disclosures as, the disclosure statement developed by the |
|---|
| 308 | + | Attorney General and approved by the Legislative Council. The |
|---|
| 309 | + | disclosure statement shall not be required for any of the |
|---|
| 310 | + | following:contracts |
|---|
| 311 | + | a. Contracts with publicly traded companies. |
|---|
| 312 | + | b. Contracts for gas, water, and electric services |
|---|
| 313 | + | where no competition exists, or where rates are fixed by law |
|---|
| 314 | + | or ordinance. |
|---|
| 315 | + | c. The award of economic development incentives . |
|---|
| 316 | + | (2) In circumstances where a contract is awarded by |
|---|
| 317 | + | competitive bid or other formal solicitation procedure , the |
|---|
| 318 | + | disclosure statement shall be required only from the person |
|---|
| 319 | + | receivingawarded the contract and shall be submitted by that |
|---|
| 320 | + | person within 1030 days of the award. |
|---|
| 321 | + | (c) Notwithstanding any provision of this article to |
|---|
| 322 | + | the contrary, a person entering into contracts or receiving |
|---|
| 323 | + | multiple grants during the same calendar year with multiple |
|---|
| 324 | + | state agencies may submit a single comprehensive annual |
|---|
| 325 | + | disclosure statement to each agency, department, or division |
|---|
| 356 | | - | section. |
|---|
| 357 | | - | (c) The information required on the disclosure |
|---|
| 358 | | - | statement shall be certified by the vendor or the grant |
|---|
| 359 | | - | recipient. The certification may be performed by electronic |
|---|
| 360 | | - | methods and must include all of the following: |
|---|
| 361 | | - | (1) A representation that the individual who signs the |
|---|
| 362 | | - | document is authorized to sign on behalf of the vendor, if |
|---|
| 363 | | - | applicable. |
|---|
| 364 | | - | (2) A declaration that the disclosure statement is |
|---|
| 365 | | - | given under the penalty of perjury in the jurisdiction in |
|---|
| 366 | | - | which it is executed. |
|---|
| 367 | | - | (3) The date and place of execution. " |
|---|
| 368 | | - | "§41-16-85 |
|---|
| 369 | | - | A copy of the disclosure statement shall be filed with |
|---|
| 370 | | - | the awarding entity and as required by this article, retained |
|---|
| 371 | | - | as required by the State Records Commission, and made |
|---|
| 372 | | - | available for review for audit purposes by the Department of |
|---|
| 373 | | - | Examiners of Public Accounts and if it pertains to a state |
|---|
| 374 | | - | contract,or other auditing authority. If the disclosure |
|---|
| 375 | | - | pertains to a state contract that must be submitted to the |
|---|
| 376 | | - | Contract Review Permanent Legislative Oversight Committee |
|---|
| 377 | | - | pursuant to Article 3 of Chapter 2 of Title 29, a copy |
|---|
| 378 | | - | shallmust be submitted to the Contract Review Permanent |
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| 379 | | - | Legislative Oversight Committee committee. Any disclosure |
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| 380 | | - | statement filed pursuant to this article shall be a public |
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| 381 | | - | record." |
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| 382 | | - | "§41-16-87 |
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| 383 | | - | This article shall not apply to either of the |
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| 355 | + | disclosure statement to each agency, department, or division |
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| 356 | + | from which the person has been awarded, contracts, or grants. |
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| 357 | + | (d)(1) State agencies, departments, or divisions are |
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| 358 | + | authorized to establish electronic systems for submission of |
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| 359 | + | annual disclosure statements, and submission to the shared |
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| 360 | + | electronic systems shall satisfy the requirements for |
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| 361 | + | submitting a disclosure statement to the agency, department, |
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| 362 | + | or division. |
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| 363 | + | (2) Agencies, departments, and divisions are further |
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| 364 | + | authorized to establish shared electronic systems to satisfy |
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| 365 | + | the requirements of this article. " |
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| 366 | + | "§41-16-83 |
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| 367 | + | (a) The information required on the disclosure |
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| 368 | + | statement shall be made under oath and penalty as prescribed |
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| 369 | + | herein and shall include, but not be limited to, the |
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| 371 | + | (1) A list of the names and addresses of any public |
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| 372 | + | official, and public employee, andor family members of the |
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| 373 | + | public official andor public employee , who may have a family |
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| 374 | + | relationship with the submitting person or his or her |
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| 375 | + | immediate family members , or his or her employees, and who may |
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| 376 | + | directly personally benefit financially from the contract, |
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| 377 | + | proposal, request for proposal, invitation to bid, or grant |
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| 378 | + | proposal. |
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| 379 | + | (2) A description of any financial benefit that may be |
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| 380 | + | knowingly gained by any public official, public employee, |
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| 381 | + | andor family membersmember of the public official andor public |
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| 382 | + | employee that may result either directly or indirectly from |
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| 383 | + | the person or his or her immediate family members, or his or |
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| 414 | | - | following: |
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| 415 | | - | (a) Any person who any entity which does not receive |
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| 416 | | - | state funds under a grant or a contract. |
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| 417 | | - | (b) Any grants or contracts between public procurement |
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| 418 | | - | units." |
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| 419 | | - | Section 2. This act shall become effective on June 1, |
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| 420 | | - | 2024. |
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| 413 | + | the person or his or her immediate family members, or his or |
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| 414 | + | her employees. |
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| 415 | + | (3) The names and addresses of any paid consultant or |
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| 416 | + | lobbyist for the contract, proposal, request for proposal, |
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| 417 | + | invitation to bid, or grant proposal. |
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| 418 | + | (b) The State of Alabama shall not enter into any |
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| 419 | + | contract or appropriate any public funds with any person |
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| 420 | + | whothat refuses to provide information required by this |
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| 421 | + | section. |
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| 422 | + | (c) The information required on the disclosure |
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| 423 | + | statement shall be certified by the vendor or the grant |
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| 424 | + | recipient. The certification may be performed by electronic |
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| 425 | + | methods and must include all of the following: |
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| 426 | + | (1) A representation that the individual who signs the |
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| 427 | + | document is authorized to sign on behalf of the vendor, if |
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| 428 | + | applicable. |
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| 429 | + | (2) A declaration that the disclosure statement is |
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| 430 | + | given under the penalty of perjury in the jurisdiction in |
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| 431 | + | which it is executed. |
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| 432 | + | (3) The date and place of execution. " |
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| 433 | + | "§41-16-85 |
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| 434 | + | A copy of the disclosure statement shall be filed with |
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| 435 | + | the awarding entity and as required by this article, retained |
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| 436 | + | as required by the State Records Commission, and made |
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| 437 | + | available for review for audit purposes by the Department of |
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| 438 | + | Examiners of Public Accounts and if it pertains to a state |
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| 439 | + | contract,or other auditing authority. If the disclosure |
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| 440 | + | pertains to a state contract that must be submitted to the |
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| 441 | + | Contract Review Permanent Legislative Oversight Committee |
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