SB332INTRODUCED
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SB332
I3N2Q66-1
By Senator Givhan
RFD: Fiscal Responsibility and Economic Development
First Read: 17-Apr-25
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5 I3N2Q66-1 04/17/2025 TRP (L)bm 2025-1689
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First Read: 17-Apr-25
SYNOPSIS:
In existing law public owners are authorized to
let public works projects through the design-bid-build
project delivery method.
This bill would provide for new alternative
means for procuring design and construction services
for public contracts by authorizing the use of
Construction Manager at Risk (CMAR), Design-Build,
Design-Build-Finance-Operate-Maintain,
Design-Build-Operate-Maintain, and Progressive
Design-Build, project delivery methods and establish
the criteria for project approval.
This bill would provide for the adoption of
administrative rules to administer this law and
establish a process to protest a contract award, and
establish reporting requirements.
This bill would further provide for the
establishment of a Public Works Advisory Council.
A BILL
TO BE ENTITLED
AN ACT
Relating to public works projects; to amend Sections
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Relating to public works projects; to amend Sections
39-1-1, 39-2-1, 39-5-4, and 39-5-6, Code of Alabama 1975; to
provide for alternative delivery methods for public work
projects; to further provide for who can file a protest; to
clarify how these provisions will be construed by the court;
to add Section 39-2-1.1; to designate Sections 39-2-1 through
39-2-14, Code of Alabama as Article 1; to add Article 2 to
Chapter 2 of Title 39, Code of Alabama 1975, commencing with
Section 39-2-40; to authorize the use of alternative delivery
methods for public works projects; to provide for the adoption
of administrative rules to administer this chapter; to provide
for reporting requirements; and to create a public works
advisory council.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 39-1-1, 39-2-1, 39-5-4, and 39-5-6,
Code of Alabama 1975, are amended to read as follows:
"§39-1-1
(a) Any person entering into a contract with an
awarding authority in this state for the prosecution of any
public works, before commencing the work, shall execute and
deliver to the awarding authority the following bonds:
(1) For Design-Bid-Build Contracts issued under Section
39-2-2:
a. Aaperformance bond, with penalty equal to 100
percent of the amount of the contract price. In addition,
another bond,
b. A payment bond, payable to the awarding authority
letting the contract, shall be executed in an amount not less
than 50 percent of the contract price, with the obligation
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than 50 percent of the contract price, with the obligation
that the contractor or contractors shall promptly make
payments to all persons supplying labor, materials, or
supplies for or in the prosecution of the work provided in the
contract and for the payment of reasonable attorney fees
incurred by successful claimants or plaintiffs in civil
actions on the bond.
(2) For alternative delivery methods awarded under this
chapter:
a. A performance bond in an amount equal to 100 percent
of the cost of the construction work. The amount of the bond
does not include the portion of the contract for the cost of
design, operation, maintenance, finance, costs of management
or administration, planning, performance of preliminary
studies, the acquisition of real property, professional
preconstruction services, and other nonconstruction work
costs.
b. A payment bond, in an amount equal to 100 percent of
the cost of the construction work, with the obligation that
the contractor or contractors shall promptly make payments to
all persons supplying labor, materials, or supplies for or in
the prosecution of the work provided in the contract and for
the payment of reasonable attorney fees incurred by successful
claimants or plaintiffs in civil actions on the bond. The
amount of the bond does not include that portion of the
contract for the cost of design, operation, maintenance,
finance, costs of management or administration, planning,
performance of preliminary studies, the acquisition of real
property, or professional preconstruction services, and other
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property, or professional preconstruction services, and other
nonconstruction work costs.
(b) Notwithstanding subsection (a), if the awarding
authority determines the cost of construction work of the
public work exceeds one hundred million dollars ($100,000,000)
and that the amounts established in subsection (a) are
impractical, or that it is less costly or more advantageous to
the awarding authority to reduce the amounts of the payment
and performance bonds to amounts that are adequate for the
protection of the state and persons supplying labor and
material to the contractor or its subcontractors, but less
than amounts of the performance and payment bonds established
in subsection (a), the awarding authority may reduce the
performance and payments bonds to such lower amounts. However,
in no event shall the awarding authority reduce the amount of
the performance and payment bonds to less than 50 percent of
the amounts established in subsection (a).
(c) Nothing in this section shall be construed to limit
the authority of an awarding authority to require a
performance bond or other security in addition to such bonds,
or in circumstances other than specified in this section.
(b)(d) Any person that has furnished labor, materials,
or supplies for or in the prosecution of a public work and
payment has not been made may institute a civil action upon
the payment bond and have their rights and claims adjudicated
in a civil action and judgment entered thereon.
Notwithstanding the foregoing, a civil action shall not be
instituted on the bond until 45 days after written notice to
the surety of the amount claimed to be due and the nature of
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the surety of the amount claimed to be due and the nature of
the claim. The civil action shall be commenced not later than
one year from the date of final settlement of the contract.
The giving of notice by registered or certified mail, postage
prepaid, addressed to the surety at any of its places of
business or offices shall be deemed sufficient under this
section. In the event the surety or contractor fails to pay
the claim in full within 45 days from the mailing of the
notice, then the person or persons may recover from the
contractor and surety, in addition to the amount of the claim,
a reasonable attorney fee based on the result, together with
interest on the claim from the date of the notice.
(c)(e) Every person having a right of action on the
last described bond as provided in this section, upon written
application to the authority under the direction of whom the
work has been prosecuted, indicating that labor, material,
foodstuffs, or supplies for the work have been supplied and
that payment has not been made, shall be promptly furnished a
certified copy of the additional bond and contract. The
claimant may bring a civil action in the claimant's name on
the bond against the contractor and the surety, or either of
them, in the county in which the work is to be or has been
performed or in any other county where venue is otherwise
allowed by law.
(d)(f) In the event a civil action is instituted on the
payment bond, at any time more than 15 days before the trial
begins, any party may serve upon the adverse party an offer to
accept judgment in favor of the offeror or to allow judgment
to be entered in favor of the offeree for the money or as
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to be entered in favor of the offeree for the money or as
otherwise specified in the offer. If within 10 days after the
service of the offer, the adverse party serves written notice
that the offer is accepted, either party may then file the
offer and notice of acceptance together with proof of service
and the clerk of the court shall enter judgment. An offer not
accepted shall be deemed withdrawn and evidence of the offer
shall not be admissible. If the judgment finally obtained by
the offeree is less favorable than the offer, the offeree
shall pay the reasonable attorney fees and costs incurred by
the offeror after the making of the offer. An offer that is
made but not accepted does not preclude a subsequent offer.
When the liability of one party to another party has been
determined by verdict, order, or judgment, but the amount or
extent of the liability remains to be determined by further
proceedings, any party may make an offer of judgment, which
shall have the same effect as an offer made before trial if
the offer is made no less than 10 days prior to the
commencement of hearings to determine the amount or extent of
liability.
(e)(g) This section shall not require the taking of a
bond to secure contracts in an amount less than one hundred
thousand dollars ($100,000).
(f)(h)(1) The contractor, immediately after the
completion of the contract, shall give notice of the
completion by publishing the notice for a minimum of three
weeks using one or more of the following methods:
a. In a newspaper of general circulation in the county
or counties in which the work, or some portion thereof, has
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or counties in which the work, or some portion thereof, has
been done.
b. On a website that is maintained by a newspaper of
general circulation in the county or counties in which the
work, or some portion thereof, has been done.
c. On a website used by the awarding authority for
publishing notices.
(2) If no newspaper is published in the county in which
the work was done, and if the awarding authority does not
utilizeuse a website for the purpose of publishing notices,
the notice may be given by posting at the courthouse for 30
days, and proof of the posting of the notice shall be given by
the awarding authority and the contractor.
(3) A final settlement shall not be made upon the
contract until the expiration of 30 days after the completion
of the notice. Proof of publication of the notice shall be
made by the contractor to the authority by whom the contract
was made by affidavit of the publisher or website owner and a
printed copy of the notice published.
(4) For contracts for road resurfacing materials that
are awarded on an annual basis, where the bid specifications
include options such as a unit price for materials, a unit
price for the delivery of materials, or a unit price for
materials to be laid in place by the bidder, notice of
completion pursuant to this subsection may be given on an
annual basis upon completion of the project as a whole, rather
than at the completion of each proceed order.
(g)(i) Subsection (f)(h) shall not apply to contractors
performing contracts of less than one hundred thousand dollars
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performing contracts of less than one hundred thousand dollars
($100,000) in amount."
"§39-2-1
As used in this title, the following wordsterms have
the following meanings ascribed to them as follows :
(1) ALTERNATIVE DELIVERY METHODS (ADM). Any of the
following project delivery methods: Construction Manager at
Risk; Design-Build; Design-Build-Finance-Operate-Maintain;
Design-Build-Operate-Maintain; and Progressive Design-Build.
(1)(2) AWARDING AUTHORITY. Any governmental board,
commission, agency, body, authority, instrumentality,
department, or subdivision of the state, its counties and
municipalities. This term includes, but shallis not be limited
to, the Department of Transportation, the Division of Real
Property Management of the Department of Finance, the State
Board of Education, and any other entity contracting for
public works. This term shall exclude the State Docks
DepartmentAlabama State Port Authority and any entity exempted
from the competitive bid laws of the state by statute.
(3) BEST VALUE. A competitive selection process, in
which proposals contain both pricing and qualitative
components and award, which is based upon a combination of
pricing and qualitative considerations to determine the offer
deemed most advantageous and of the greatest value to the
awarding authority.
(4) CONSTRUCTION MANAGER AT RISK (CMAR). A delivery
method which entails a commitment by the construction manager
to perform certain preconstruction services during the design
phase and then to construct the public works for an agreed
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phase and then to construct the public works for an agreed
upon lump-sum amount or for certain allowable costs within an
agreed-upon guaranteed maximum price (GMP).
(5) DEPARTMENT. The Alabama Department of Finance.
(6) DESIGN-BID-BUILD. Aprojectdeliverymethodin
whichtheawardingauthoritysequentially awardsseparate
contracts, the first for architectural or engineering services
to design the project and the second for construction of the
public works project according to the design as provided in
Section 39-2-2.
(7) DESIGN-BUILD. A project delivery method in which
the awarding authority enters into a single contract for
design and construction of a public works project.
(8) DESIGN-BUILD-FINANCE-OPERATE-MAINTAIN. Aproject
deliverymethodinwhichtheawardingauthority enters into a
single contract for design, construction, finance,
maintenance, and operation of a public work over a
contractually defined period.
(9) DESIGN-BUILD-OPERATE-MAINTAIN. Aprojectdelivery
methodinwhichtheawardingauthorityentersinto a single
contract for design, construction, maintenance, and operation
of a public work over a contractually defined period.
(10) DESIGN REQUIREMENTS. The written description of
the public work or service to be procured under this article,
including required features, functions, characteristics,
qualities, and properties that are required by the awarding
authority; theanticipatedschedule,includingthepreferred
completiondate;and estimated budgets, as applicable to the
specific procurement, for design, construction, operation, and
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specific procurement, for design, construction, operation, and
maintenance.
(2)(11) FORCE ACCOUNT WORK. Work paid for by
reimbursing for the actual costs for labor, materials, and
equipment usage incurred in the performance of the work, as
directed, including a percentage for overhead and profit,
where appropriate.
(3)(12) LIFE CYCLE COSTS. The total cost of ownership
over the extended life of a public works project, taking into
consideration the costs of construction, operation, and
maintenance, less any value obtained from salvage and
quantifiable environmental benefits, or the sum of all
recurring and one-time , nonrecurring (non-recurring) costs
over the full life span or a specified period of a good,
service, structure, or system, including purchase price,
installation costs, operating costs, maintenance and upgrade
costs, and remaining (residual or salvage ) value at the end of
ownership or its useful life.
(4)(13) PERSON. Natural persons, partnerships, limited
liability companies, corporations, and other legal entities.
(14) PROGRESSIVE DESIGN-BUILD. A project delivery
method in which the awarding authority enters into a single
contract for design and construction of the public works via
qualifications-based selection.
(5)(15) PUBLIC PROPERTY. Real property that the state,
county, municipality, or awarding authority thereof owns or
has a contractual right to own or purchase, including
easements, rights-of-way, or otherwise.
(6)(16) PUBLIC WORKS. The construction, installation,
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(6)(16) PUBLIC WORKS. The construction, installation,
repair, renovation, or maintenance of public buildings,
structures, sewers, waterworks, roads, curbs, gutters, side
walls, bridges, docks, underpasses, and viaducts , as well as
any other improvement to be constructed, installed, repaired,
renovated, or maintained on public property and to be paid, in
whole or in part, with public funds or with financing to be
retired with public funds in the form of lease payments or
otherwise.
(17) PUBLIC WORKS ADVISORY COUNCIL. The advisory body
established in this chapter. "
"§39-5-4
(a) The Attorney General, a bona fide unsuccessful or
disqualified bidder or offeror, or any interested citizen may
maintain an action to enjoin the letting or execution of any
public works contract in violation of or contrary to the
provisions of this title or any other statute and may enjoin
payment of any public funds under any such contract. In the
case of a successful action brought by a bidder or offeror,
reasonable bid or proposal preparation costs shall be
recoverable by that bidder or offeror. The action shall be
commenced within 45 days of the contract award.
(b) Nothing in this section shall be construed to
limit, enlarge, or in any way alter the procedures for
protesting the approval of an alternative delivery method as
provided in this section. "
"§39-5-6
The provisions of this title are mandatory, and shall
be strictly construed to require strict competitive bidding on
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be strictly construed to require strict competitive bidding on
contracts for public works . The courts shall not invoke or
apply any principle of quantum meruit, estoppel, or any other
legal or equitable principle which would allow recovery for
work and labor done or materials furnished under any contract
let in violation of competitive bidding requirements as
prescribed by law this title or any other provision of law ."
Section 2. Sections 39-2-1 through 39-2-14 are
designated as Article 1 of Chapter 2 of Title 39, Code of
Alabama 1972.
Section 3. Article 2 is added to Chapter 2 of Title 39,
Code of Alabama 1975 commencing with Section 39-2-40, to read
as follows:
§39-2-40
(a) The Design-Bid-Build project delivery method
authorized in Section 39-2-2 is the traditional and primary
method of contracting for public works in the state. Subject
to the limitations in this section, an awarding authority may
use an alternative project delivery method for public works
projects of a complex, time sensitive, specialized, or
technical nature when it determines that the delivery method
is in the best interest of the state.
(b) In addition to Design-Bid-Build authorized in
Section 39-2-2, all of the following alternative project
delivery methods are authorized for public works projects in
this state:
(1) Construction Manager at Risk projects which base
the agreed upon lump-sum amount and Guaranteed Maximum Price
(GMP) on the construction documents and specifications. The
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(GMP) on the construction documents and specifications. The
GMP shall include all items and tasks necessary to deliver the
public works.
(2) Design-Build.
(3) Design-Build-Finance-Operate-Maintain.
(4) Design-Build-Operate-Maintain projects which
include a 70 percent complete set of construction documents
for the design in accordance with the awarding authority's
program requirements.
(5) Progressive Design-Build projects which include a
70 percent complete set of construction documents for the
design in accordance with the awarding authority's program
requirements.
(c)(1) An awarding authority must receive prior
approval from the department in order to execute a project via
alternative delivery methods. No such approval shall be
required for an awarding authority to execute a project via
Design-Bid-Build as provided in Section 39-2-2 .
(2) An awarding authority seeking approval must notify
the department of each project using alternative delivery
methods no less than 30 days prior to release of the
solicitation. The request for approval must include, but is
not limited to, the following:
a. A written statement setting forth the facts that led
to the selection of a particular alternative delivery method
for the project.
b. Any procedures the awarding authority has developed
pursuant to this chapter.
(3) Prior to approving a project for which an
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(3) Prior to approving a project for which an
alternative delivery method will be used, the department shall
publicly post the proposed project for no less than five
calendar days. The posted project shall be subject to the
protest procedures in this chapter.
(d) An awarding authority, educational institution, or
state educational institution as defined by Section
41-4-400(d) may enter into a contract using alternative
delivery methods as follows:
(1) If the awarding authority or institution undertakes
five or fewer public works projects above the bid threshold
listed in Section 39-2-2(a)(1) during a fiscal year, it may
enter into no more than one contract per fiscal year using
alternative delivery methods.
(2) If the awarding authority or institution undertakes
more than five public works projects above the bid threshold
in Section 39-2-2(a)(1) during a fiscal year, it may only
enter into a contract using alternative delivery methods for
not more than two of its public works projects each fiscal
year, or 10 percent of the total number of its public works
projects each fiscal year, whichever is greater.
(e) The head of an awarding authority shall require
offerors to provide errors and omissions insurance in an
amount and duration consistent with rules adopted under this
chapter to cover architectural and engineering services for
alternative delivery method projects.
(f) For projects using construction manager at risk,
the general contractor or the general contractor's affiliated
entities shall not self-perform more than 25 percent of the
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entities shall not self-perform more than 25 percent of the
work.
(g)(1) No more than 30 days following the final
completion of a public works project using an alternative
delivery method, the awarding authority shall submit a report
to the department. The report shall include, but not be
limited to, the following:
a. A description of the project.
b. The contractor that was awarded the project.
c. The estimated and actual cost of the project.
d. The estimated and actual schedule for project
completion.
e. A description of any changes to the project scope
and how the changes impacted the schedule and costs.
f. An assessment of the prequalification process and
criteria used.
g. A description of the method used to evaluate the bid
or proposal, including the weighting of each factor and an
assessment of the effectiveness of the selected methodology.
At the discretion of the awarding authority, estimated budgets
may be excluded from the proposal documents but the awarding
authority must account for it in writing on internal
documents. The design requirements may include the drawings
and other documents illustrating the scale and relationship of
the features, functions, and characteristics of the project.
h. A description of any written protests concerning any
aspect of the solicitation, bid, proposal, or award of the
project.
i. A description of any challenges or unexpected
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i. A description of any challenges or unexpected
problems that arose during the project and the solutions that
were considered, and ultimately implemented, to address those
challenges and problems.
j. Recommendations to improve the alternative delivery
method used for the project.
(2) The information gathered through the reporting
process shall be used by the Public Works Advisory Council to
formulate summary findings on, and recommendations for future
changes to, alternative delivery methods in the state. Such
findings and recommendations shall be reported to the
Legislature.
(3) Failure to complete a report as required under this
section shall preclude an awarding authority from using
alternative delivery methods during the next fiscal year.
(4) An awarding authority utilizing alternative
delivery methods shall also file a report for any similar
project for which it used Design-Bid-Build.
(h) This section is repealed on October 1, 2031.
§39-2-41
(a) For the purposes of implementing the terms of this
chapter, the department shall adopt administrative rules for
public works projects in the state using alternative delivery
methods. In adopting the administrative rules, the department
shall consult with the Public Works Advisory Council. The
administrative rules shall include, but are not limited to,
the following:
(1) Criteria for all alternative delivery methods
authorized by law to aid awarding authorities in determining
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authorized by law to aid awarding authorities in determining
which alternative delivery method should be used for a
particular public works project.
(2) Authorization for an awarding authority within his
or her discretion, to select an appropriate alternative
delivery method for a particular public works project
consistent with this chapter.
(3) Descriptions of the bond, insurance, and other
security provisions that apply to each alternative delivery
method.
(4) Descriptions of the appropriate solicitation
provisions, required content of requests for proposals,
evaluation factors, contract clauses, and fiscal
responsibility requirements that apply to each alternative
delivery method.
(5) A requirement that the awarding authority, or
designee, shall execute and include in the contract file a
written statement setting forth the facts that led to the
selection of a particular alternative delivery method for each
public works project.
(6) Descriptions of how an awarding authority shall
evaluate proposals using the qualifications of participants,
best value, or both, pursuant to this chapter.
(7) Timelines to which the department must adhere in
returning an approval to the awarding authority under this
chapter.
(8) The process awarding authorities must use to
determine whether stipend payments may be paid to finalists
submitting responsive proposals for an alternative delivery
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submitting responsive proposals for an alternative delivery
methods contract, and under what terms and conditions such
payments may be made.
(9) Protest procedures required under this chapter and
for bona fide prospective bidders who are aggrieved by the
solicitation or award of a contract.
(b) Consistent with the administrative rules adopted
under subsection (a), an awarding authority, except for a
county commission or an instrumentality of a county
commission, may develop procedures for the procurement of
alternative delivery method contracts.
(c) The Association of County Commissions of Alabama
shall develop the procedures that county commissions and their
instrumentalities shall follow for the procurement of
alternative delivery method contracts. The procedures shall be
consistent with the rules adopted under subsection (a).
(d) Notwithstanding any provision of law to the
contrary, proposals to perform work submitted under this
chapter through alternative delivery methods may be evaluated
and awarded by the awarding authority based on the
qualifications of participants, best value, or both, and
consideration of the best interest of the awarding authority.
(e) This section is repealed on October 1, 2031.
§39-2-42
(a) The awarding authority may include in a request for
proposals one or more of the following forms of security to
assure the timely, faithful, and uninterrupted provision of
operations and maintenance services procured separately, or as
one element of design-build-operate-maintain or
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one element of design-build-operate-maintain or
design-build-finance-operate-maintain services:
(1) Operations period surety bonds that secure the
performance of the contractor's operations and maintenance
obligations.
(2) Letters of credit in an amount appropriate to cover
the cost to the awarding authority preventing infrastructure
service interruptions for a period up to 12 months.
(3) Appropriate written guarantees from the contractor,
or depending upon the circumstances, from parent corporations
to secure the recovery of the awarding authorities'
reprocurement cost in the event of a default in performance by
the contractor.
(b) This section is repealed on October 1, 2031.
§39-2-43
(a)(1) During the time period that notice of a proposed
project is posted publicly pursuant to this chapter, a bona
fide prospective bidder or offeror may protest the approval of
an alternative delivery method. The protest shall be filed
with the Division of Construction Management, in writing, and
set forth the grounds of the protest and the relief requested
with enough particularity to give notice of the issues to be
decided. Grounds for a protest are limited to noncompliance
with law, the rules authorized by this chapter, or a perceived
substantial cost differential between the proposed project
utilizing an alternative delivery method versus traditional
Design-Bid-Build.
(2) The Director of the department's Division of
Construction Management shall review the protest and issue a
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Construction Management shall review the protest and issue a
decision on the protest, in writing, within five calendar
days. The response shall include a decision to deny or sustain
the protest, and if sustained, the actions the awarding
authority must take to modify or cancel the proposed project.
A copy of the response shall be furnished immediately to the
protester and awarding authority.
(3) The Director of the Division of Construction
Management's decision regarding a protest shall be final and
conclusive, unless fraudulent, or a party adversely affected
by the decision appeals administratively to the Director of
Finance as provided herein.
(b)(1) A party that receives an adverse decision from
the Director of the Division of Construction Management under
subsection (a) may appeal the decision to the Director of
Finance. An appeal to the Director of Finance shall be made in
writing within five calendar days of receipt of the adverse
decision from the Director of the Division of Construction
Management.
(2) Before making a decision on a protest, the Director
of Finance shall consult with and consider any advice provided
by the Public Works Advisory Council, but a final decision on
a protest is within the sole discretion of the Director of
Finance. The Director of Finance shall hold unlawful and set
aside any decision issued by the Director of the Division of
Construction Management that the Director of Finance finds to
be arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with law.
(3) The Director of Finance shall issue a written
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(3) The Director of Finance shall issue a written
decision within five calendar days of receipt of the appeal
and immediately provide a copy to the protester and awarding
authority.
(4) A decision under this section shall be final and
conclusive unless fraudulent.
(c) The protest procedures and remedies provided in
this chapter shall not be construed as a contested case under
the Alabama Administrative Procedure Act.
(d) This section is repealed on October 1, 2031.
§39-2-44
(a) There is established the State Public Works
Advisory Council. The Public Works Advisory Council shall be
appointed by the director of the department and at a minimum,
must include the following individuals:
(1) A representative of the county commissions,
selected in consultation with the Association of County
Commissions of Alabama .
(2) A representative of municipalities, selected in
consultation with the Alabama League of Municipalities.
(3) Two representatives of public K-12 schools,
selected in consultation with School Superintendents of
Alabama and the Alabama Association of School Boards.
(4) A representative of the Alabama Community College
System, selected in consultation with the Chancellor of the
Alabama Community College System.
(5) A representative of a public four-year institution
of higher education, selected in consultation with the Alabama
Higher Education Partnership, Inc.
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Higher Education Partnership, Inc.
(6) A representative from each of the following public
entities:
a. The Alabama Department of Examiners of Public
Accounts.
b. The Alabama Department of Finance.
c. The Alabama Department of Transportation.
d. Additional state or local governmental entities with
frequent construction projects.
(7) A representative from each of the following private
entities:
a. The Alabama Associated General Contractors.
b. The Associated Builders and Contractors of Alabama.
c. The Alabama Contractors Association.
d. The Alabama Council of the American Institute of
Architects.
e. The American Council of Engineering Companies of
Alabama.
f. The Alabama Road Builders Association.
g. The Subcontractors Association of Alabama.
h. The Design-Build Institute of America, Alabama
Chapter.
i. The Alabama Surety Association.
(b) Members of the advisory council shall serve without
compensation but may be reimbursed for necessary expenses
associated with attending meetings of the advisory council
pursuant to the policies of their respective appointing
authority.
(c) The State Public Works Advisory Council, upon
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(c) The State Public Works Advisory Council, upon
adequate public notice, shall meet at least once a year to
discuss issues and recommendations for improvements to the
public works process. When requested by the Department of
Finance, the council shall conduct studies, research,
analyses, and make reports and recommendations regarding
public works. The council may conduct hearings and request
records in order to further its purposes.
(d) The State Public Works Advisory Council shall be
administered by the Alabama Department of Finance.
(e) This section is repealed on October 1, 2031.
§39-2-45
(a) Any person may request and obtain from the awarding
authority a certified copy of a bond furnished under this
chapter, upon payment of the cost of reproduction of the bond
and postage, if any. A certified copy of a bond shall be prima
facie evidence of the contents, execution, and delivery of the
original bond.
(b) This section is repealed on October 1, 2031.
§39-2-1.1
(a) Nothing in this chapter is intended to repeal,
modify, expand, define, add, amend, change, or limit any
provision of Section 23-1-40 and Sections 23-2-140 through
23-2-175, Code of Alabama 1975. The Alabama Department of
Transportation, Alabama Toll Road, Bridge and Tunnel Authority
is not subject to this chapter. Further, Article 2 is not
intended to add any new obligations, duties, or
responsibilities not set out in Section 23-1-40 and Sections
23-2-140 through 23-2-175.
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23-2-140 through 23-2-175.
(b) Nothing in this chapter is intended to repeal,
modify, amend, change, or limit Sections 41-4-353 and
41-4-400, with respect to the powers, authority, and
jurisdiction granted to the governing boards of educational
institutions.
(c) This section is repealed on October 1, 2031.
Section 4. This act shall become effective on October
1, 2025.
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