Alabama 2024 Regular Session

Alabama House Bill HB382

Introduced
3/21/24  
Introduced
3/21/24  
Report Pass
4/10/24  
Refer
3/21/24  
Engrossed
4/16/24  
Report Pass
4/10/24  
Refer
4/18/24  
Engrossed
4/16/24  
Report Pass
4/23/24  
Refer
4/18/24  

Caption

Competitive bidding; contract protest procedures revised.

Impact

The proposed changes will particularly affect how bidders interact with procurement processes at the state level. By providing a clearer and expedited protest procedure, the bill may facilitate faster contract awards and project commencement, thereby positively impacting state project completion rates. Additionally, amendments regarding the inclusion of disclosure statements from bidders enhance transparency and accountability in government contracting, which is crucial to maintaining public trust in state operations.

Summary

House Bill 382 amends existing sections of the Code of Alabama to clarify and revise the procedures for protesting competitive bid contracts. The bill is intended to streamline the process for aggrieved bidders, allowing them to file a notice of intent to protest within five calendar days of the issuance of solicitation or award, with a formal protest required within seven days. This timeline is aimed at ensuring quicker resolutions to bidding disputes, which could potentially lessen project delays caused by prolonged protests.

Sentiment

The sentiment around HB 382 appears to be largely positive, as evidenced by the unanimous support during voting, where it passed with 102 votes in favor and no opposition. Legislative discussions showcased a collective agreement on the need for reforms in the competitive bidding process to make it more efficient and transparent. However, there were concerns raised by some stakeholders regarding the potential implications for disputes that might not be adequately addressed under the accelerated timelines proposed by the bill.

Contention

While the bill has garnered broad support, some critics caution that the new procedures might inadvertently favor larger contractors with more resources to navigate the new timelines and requirements, potentially sidelining smaller businesses that may struggle with the expedited process. The balance between efficiency and fairness remains a notable point of contention in the discussions surrounding HB 382. Furthermore, the effectiveness of the enhanced disclosure requirements in truly ensuring accountability in procurement practices remains to be evaluated.

Companion Bills

AL SB277

Same As Competitive bidding; contract protest procedures revised

Previously Filed As

AL SB277

Competitive bidding; contract protest procedures revised

AL SB36

Competitive bidding; contract protest procedures revised; requirements for submitting disclosure statements revised

AL HB286

Competitive bidding; contract protest procedures revised; requirements for submitting disclosure statements revised

AL HB2862

Public Competitive Bidding Act of 1974; public construction contracts; construction management trade contracts; effective date.

AL A869

Provides awarding of contracts for professional services by State, county, municipal, and school district through competitive contracting process.

AL S2603

Provides awarding of contracts for professional services by State, county, municipal, and school district through competitive contracting process.

AL S1315

Provides awarding of contracts for professional services by State, county, municipal, and school district through competitive contracting process.

AL A2430

Provides awarding of contracts for professional services by State, county, municipal, and school district through competitive contracting process.

AL SB2304

Bidding procedures; create exceptions for certain construction and service contracts at National and State Landmarks.

AL SB309

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.

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