AL
Alabama Senate Bill SB36

Alabama 2025 Regular Session

Alabama Senate Bill SB36 Compare Versions

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1+SB36INTRODUCED
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33 SB36
4-NZ2E8TJ-2
4+NZ2E8TJ-1
55 By Senator Kitchens
66 RFD: County and Municipal Government
77 First Read: 04-Feb-25
88 PFD: 31-Dec-24
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14-6 SB36 Enrolled
14+6 NZ2E8TJ-1 12/31/2024 PMG (L)lg 2024-3211
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1616 PFD: 31-Dec-24
17-Enrolled, An Act,
18-Relating to public contracts; to amend Sections
19-41-4-124, 41-4-132, 41-4-136, 41-4-161, 41-4-164, 41-16-82,
20-41-16-83, 41-16-85, and 41-16-87, Code of Alabama 1975; to
21-provide further for who is subject to state competitive bid
22-laws; to provide further for electronic bid submissions; to
23-provide further for the procedures for protesting certain
24-competitive bid contracts; and to revise requirements for
25-disclosure statement forms.
26-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
27-Section 1. Sections 41-4-124, 41-4-132, 41-4-136,
28-41-4-161, 41-4-164, 41-16-82, 41-16-83, 41-16-85, and
29-41-16-87, Code of Alabama 1975, are amended to read as
30-follows:
31-"§41-4-124
32-(a) Except as otherwise provided in this article, all
33-rights, powers, duties, and authority relating to the
34-procurement of supplies and services now vested in, or
35-exercised by, any governmental body under existing law are
36-transferred to the Chief Procurement Officer.
37-(b) The following governmental bodies are subject to
38-this article except as it relates to the purchase of
39-professional services and the oversight and authority of the
40-Chief Procurement Officer, and shall establish and maintain
41-procurement offices and personnel and adopt rules as may be
42-necessary to comply with this article:
17+SYNOPSIS:
18+Under existing law, the state procurement code
19+governs all purchases made by government entities,
20+except district attorneys and sheriffs, whose purchases
21+are governed by local competitive bid laws.
22+This bill would provide that volunteer fire
23+departments and rescue squads are also governed by
24+local competitive bid laws.
25+Under existing law, a prospective bidder or
26+offeror may protest the offering of a competitive bid
27+contract by submitting a notice of protest within 14
28+days of the offering.
29+This bill would revise the deadline for filing a
30+notice of protest from 14 to 5 days.
31+This bill would provide that the protest
32+procedures are not subject to the Administrative
33+Procedure Act.
34+Under existing law, any person that submits a
35+contract, a contract proposal, a bid, or a grant
36+proposal to the state in an amount equal to or greater
37+than $5,000 and for the purpose of financial gain is
38+required to include a disclosure statement for each
39+contract, contract proposal, bid, or grant proposal
40+that it submits, subject to certain exceptions. A
41+disclosure statement must provide certain information
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72-necessary to comply with this article:
73-(1) All educational and eleemosynary institutions
74-governed by a board of trustees or other similar governing
75-body.
76-(2) The Retirement Systems of Alabama.
77-(3) The Department of Mental Health.
78-(c) The Alabama Department of Transportation is subject
79-to this article except as it relates to the purchase of
80-professional services , and the Department of Transportation
81-shall adopt rules governing the purchase of professional
82-services by the department which are consistent with the
83-principles contained in this article and promote fairness,
84-competition, transparency, integrity, and value in the
85-procurement process.
86-(d) The procurement of any supplies, services, or
87-professional services by a district attorney ,or sheriff,
88-volunteer fire department, or rescue squad shall be solely
89-governed by Article 3, commencing with Section 41-16-50 of
90-Chapter 16.
91-(e) The procurement of any supplies or services by a
92-legislative agency or judicial agency shall be solely governed
93-by procedures adopted by the Legislative Council for all
94-legislative agencies and by rules adopted by the Supreme Court
95-of Alabama for all judicial agencies. The procedures adopted
96-shall be consistent with any applicable requirements of the
97-Constitution of Alabama of 2022, and shall be established in
98-accordance with the underlying purposes and policies of
99-promoting responsible and efficient use of public funds
100-dedicated and appropriated to the agencies for their use,
71+disclosure statement must provide certain information
72+about individuals who may gain financial benefit from
73+their relationships with the person submitting the
74+contract, contract proposal, bid, or grant proposal.
75+This bill would revise the threshold for which a
76+disclosure statement is required, would allow the use
77+of alternative disclosure statement forms, and would
78+allow the submission of a single annual disclosure
79+statement for multiple proposals with the same state
80+agency, department, or division.
81+This bill would allow for an alternative method
82+of certifying the authenticity of a disclosure
83+statement.
84+Also, under existing law, public contracts for
85+gas, water, or electric services are exempt from the
86+requirement to submit a disclosure statement.
87+This bill would also exempt from having to
88+submit a disclosure statement those public contracts
89+with publicly traded companies and awards of economic
90+development incentives.
91+A BILL
92+TO BE ENTITLED
93+AN ACT
94+Relating to public contracts; to amend Sections
95+41-4-124, 41-4-132, 41-4-136, 41-4-161, 41-4-164, 41-16-82,
96+41-16-83, 41-16-85, and 41-16-87, Code of Alabama 1975; to
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130-dedicated and appropriated to the agencies for their use,
131-providing consistency of application of rules and requirements
132-across all agencies within the applicable branch of state
133-government, and promoting fairness, competition, transparency,
134-integrity, and value in the procurement process. In no case
135-may the legislative and judicial departments of the state
136-adopt procedures that conflict with the laws of this state
137-regarding the public disclosure of the use of public funds and
138-the transparency of public expenditures, or that otherwise
139-conflict with state law regarding public records and public
140-access to those records. Except for the requirement to act in
141-good faith, no other provision of this article shall apply to
142-legislative or judicial agencies; provided, that the
143-legislative and judicial departments may adopt all or any part
144-of this article and its accompanying rules.
145-(f)(1) The procurement of any supplies or services by
146-the Alabama State Port Authority shall be solely governed by
147-procedures adopted by the Board of Directors of the Alabama
148-State Port Authority. The procedures adopted shall be
149-consistent with any applicable requirements of the
150-Constitution of Alabama of 2022, and shall be established in
151-accordance with the underlying purposes and policies of
152-promoting responsible and efficient use of the funds of the
153-Alabama State Port Authority, providing consistency of
154-application of rules and requirements across all agencies
155-within the applicable branch of state government, and
156-promoting fairness, competition, transparency, integrity, and
157-value in the procurement process.
158-(2) Except for the protection of information otherwise
126+41-16-83, 41-16-85, and 41-16-87, Code of Alabama 1975; to
127+provide further for who is subject to state competitive bid
128+laws; to provide further for electronic bid submissions; to
129+provide further for the procedures for protesting certain
130+competitive bid contracts; and to revise requirements for
131+disclosure statement forms.
132+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
133+Section 1. Sections 41-4-124, 41-4-132, 41-4-136,
134+41-4-161, 41-4-164, 41-16-82, 41-16-83, 41-16-85, and
135+41-16-87, Code of Alabama 1975, are amended to read as
136+follows:
137+"§41-4-124
138+(a) Except as otherwise provided in this article, all
139+rights, powers, duties, and authority relating to the
140+procurement of supplies and services now vested in, or
141+exercised by, any governmental body under existing law are
142+transferred to the Chief Procurement Officer.
143+(b) The following governmental bodies are subject to
144+this article except as it relates to the purchase of
145+professional services and the oversight and authority of the
146+Chief Procurement Officer, and shall establish and maintain
147+procurement offices and personnel and adopt rules as may be
148+necessary to comply with this article:
149+(1) All educational and eleemosynary institutions
150+governed by a board of trustees or other similar governing
151+body.
152+(2) The Retirement Systems of Alabama.
153+(3) The Department of Mental Health.
154+(c) The Alabama Department of Transportation is subject
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188-(2) Except for the protection of information otherwise
189-legally considered commercially confidential, sensitive, or of
190-a nature that upon release would harm the competitive
191-advantage of itself or its customers, concessionaires,
192-lessees, or suppliers, the Alabama State Port Authority may
193-not adopt procedures that conflict with the laws of this state
194-regarding the public disclosure of the use of its funds and
195-the transparency of its expenditures, or that otherwise
196-conflict with state law regarding public records and public
197-access to those records.
198-(3) Except as provided in this subsection and the
199-requirement to act in good faith, no other provision of this
200-article shall apply to the Alabama State Port Authority;
201-provided, however, that the Alabama State Port Authority may
202-adopt all or any part of this article and its accompanying
203-rules."
204-"§41-4-132
205-(a) Except as otherwise provided in this division,
206-contracts shall be awarded by competitive sealed bidding.
207-(b) An invitation to bid shall be issued and shall
208-include a purchase description and all contractual terms and
209-conditions applicable to the procurement.
210-(c) Adequate public notice of the invitation to bid
211-shall be given a reasonable time prior to the date set forth
212-in the invitation for the opening of bids, in accordance with
213-rules adopted under this article.
214-(d) Bids shall be opened publicly in the presence of
215-one or more witnesses at the time and place designated in the
216-invitation to bid. Alternatively, bids may be opened in an
184+(c) The Alabama Department of Transportation is subject
185+to this article except as it relates to the purchase of
186+professional services , and the Department of Transportation
187+shall adopt rules governing the purchase of professional
188+services by the department which are consistent with the
189+principles contained in this article and promote fairness,
190+competition, transparency, integrity, and value in the
191+procurement process.
192+(d) The procurement of any supplies, services, or
193+professional services by a district attorney ,or sheriff,
194+volunteer fire department, or rescue squad shall be solely
195+governed by Article 3, commencing with Section 41-16-50 of
196+Chapter 16.
197+(e) The procurement of any supplies or services by a
198+legislative agency or judicial agency shall be solely governed
199+by procedures adopted by the Legislative Council for all
200+legislative agencies and by rules adopted by the Supreme Court
201+of Alabama for all judicial agencies. The procedures adopted
202+shall be consistent with any applicable requirements of the
203+Constitution of Alabama of 2022, and shall be established in
204+accordance with the underlying purposes and policies of
205+promoting responsible and efficient use of public funds
206+dedicated and appropriated to the agencies for their use,
207+providing consistency of application of rules and requirements
208+across all agencies within the applicable branch of state
209+government, and promoting fairness, competition, transparency,
210+integrity, and value in the procurement process. In no case
211+may the legislative and judicial departments of the state
212+adopt procedures that conflict with the laws of this state
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246-invitation to bid. Alternatively, bids may be opened in an
247-electronic system at a time specified in the invitation to bid
248-and in a manner that records the time of opening. The amount
249-of each bid, the name of each bidder, and any other
250-information required by rule shall be recorded. The record and
251-each bid shall be open to public inspection to the extent
252-required by Section 41-4-115.
253-(e) Bids shall be unconditionally accepted without
254-alteration or correction, except as authorized in this
255-article. Bids shall be evaluated based on the requirements set
256-forth in the invitation to bid, which may include criteria to
257-determine acceptability, such as inspection, testing, quality,
258-workmanship, delivery, and suitability for a particular
259-purpose. Any criteria that will affect the bid price and will
260-be considered in evaluation for award shall be objectively
261-measurable, such as discounts, transportation costs, and total
262-or life cycle costs. The invitation to bid shall set forth the
263-evaluation criteria to be used. No criteria may be used in bid
264-evaluations that are not set forth in the invitation to bid.
265-(f)(1) When a bid is submitted that contains an error,
266-the Chief Procurement Officer or head of a purchasing agency
267-may authorize the correction or withdrawal of the bid or may
268-cancel the award of the contract. The authorization of the
269-correction or withdrawal shall be done in accordance with
270-rules adopted by the Chief Procurement Officer.
271-(2) After a bid has been opened, with the exception of
272-price negotiations with the lowest responsible bidder, no
273-changes in bid prices or other provisions of bids prejudicial
274-to the interest of the state or fair competition shall be
242+adopt procedures that conflict with the laws of this state
243+regarding the public disclosure of the use of public funds and
244+the transparency of public expenditures, or that otherwise
245+conflict with state law regarding public records and public
246+access to those records. Except for the requirement to act in
247+good faith, no other provision of this article shall apply to
248+legislative or judicial agencies; provided, that the
249+legislative and judicial departments may adopt all or any part
250+of this article and its accompanying rules.
251+(f)(1) The procurement of any supplies or services by
252+the Alabama State Port Authority shall be solely governed by
253+procedures adopted by the Board of Directors of the Alabama
254+State Port Authority. The procedures adopted shall be
255+consistent with any applicable requirements of the
256+Constitution of Alabama of 2022, and shall be established in
257+accordance with the underlying purposes and policies of
258+promoting responsible and efficient use of the funds of the
259+Alabama State Port Authority, providing consistency of
260+application of rules and requirements across all agencies
261+within the applicable branch of state government, and
262+promoting fairness, competition, transparency, integrity, and
263+value in the procurement process.
264+(2) Except for the protection of information otherwise
265+legally considered commercially confidential, sensitive, or of
266+a nature that upon release would harm the competitive
267+advantage of itself or its customers, concessionaires,
268+lessees, or suppliers, the Alabama State Port Authority may
269+not adopt procedures that conflict with the laws of this state
270+regarding the public disclosure of the use of its funds and
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304-to the interest of the state or fair competition shall be
305-permitted.
306-(g)(1) Unless there is a compelling reason to reject
307-bids, as prescribed by rules, notice of intent to award to the
308-lowest responsive and responsible bidder whose bid meets the
309-requirements set forth in the invitation to bid shall be given
310-by posting the notice at a location specified in the
311-invitation to bid. Before posting the notice of intent to
312-award, the Chief Procurement Officer or head of the purchasing
313-agency may negotiate with the lowest responsive and
314-responsible bidder to lower the bid price within the scope of
315-the invitation to bid. The invitation to bid and notice of
316-intent to award shall contain a statement of the bidder's
317-right to protest.
318-(2) The Chief Procurement Officer may award multiple
319-purchase contracts resulting from a single invitation to bid
320-where the specifications of the items of supplies or services
321-intended to be purchased by a requisitioning agency or
322-agencies are determined, in whole or in part, by technical
323-compatibility and operational requirements. In order to make
324-multiple awards under this subdivision, the awarding authority
325-shall include in the invitation to bid a notice that multiple
326-awards may be made and the specific technical compatibility or
327-operational requirements necessitating multiple awards.
328-Multiple awards of purchase contracts with unique technical
329-compatibility or operational specifications shall be made to
330-the lowest responsible bidder complying with the unique
331-technical compatibility or operational specifications. The
332-requisitioning agency shall provide the awarding authority
300+regarding the public disclosure of the use of its funds and
301+the transparency of its expenditures, or that otherwise
302+conflict with state law regarding public records and public
303+access to those records.
304+(3) Except as provided in this subsection and the
305+requirement to act in good faith, no other provision of this
306+article shall apply to the Alabama State Port Authority;
307+provided, however, that the Alabama State Port Authority may
308+adopt all or any part of this article and its accompanying
309+rules."
310+"§41-4-132
311+(a) Except as otherwise provided in this division,
312+contracts shall be awarded by competitive sealed bidding.
313+(b) An invitation to bid shall be issued and shall
314+include a purchase description and all contractual terms and
315+conditions applicable to the procurement.
316+(c) Adequate public notice of the invitation to bid
317+shall be given a reasonable time prior to the date set forth
318+in the invitation for the opening of bids, in accordance with
319+rules adopted under this article.
320+(d) Bids shall be opened publicly in the presence of
321+one or more witnesses at the time and place designated in the
322+invitation to bid. Alternatively, bids may be opened in an
323+electronic system at a time specified in the invitation to bid
324+and in a manner that records the time of opening. The amount
325+of each bid, the name of each bidder, and any other
326+information required by rule shall be recorded. The record and
327+each bid shall be open to public inspection to the extent
328+required by Section 41-4-115.
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362-requisitioning agency shall provide the awarding authority
363-with the information necessary for it to determine the
364-necessity for the award of multiple purchase contracts under
365-this subdivision.
366-(h) When it is considered impractical by the Chief
367-Procurement Officer to initially prepare a purchase
368-description to support an award based on price, an invitation
369-to bid may be issued requesting the submission of unpriced
370-offers to be followed by an invitation to bid limited to those
371-bidders whose offers have been qualified under the criteria
372-set forth in the first solicitation.
373-(i)(1) Before soliciting bids, the Chief Procurement
374-Officer may authorize issuance of a request for qualifications
375-from prospective bidders. The request shall contain, at a
376-minimum, a description of the scope of work to be solicited by
377-the invitation for bids, the deadline for submission of
378-information, and how prospective bidders may apply for
379-consideration. The request shall require information
380-concerning the prospective bidders' product specifications,
381-qualifications, experience, and ability to perform the
382-requirements of the contract. Adequate public notice of the
383-request for qualifications shall be given in the manner
384-provided in subsection (c).
385-(2) After receipt of the responses to the request for
386-qualifications from prospective bidders, all qualified
387-bidders, as determined by the Chief Procurement Officer, shall
388-have an opportunity to bid. The determination regarding which
389-bidders are qualified is not subject to review."
390-"§41-4-136
358+required by Section 41-4-115.
359+(e) Bids shall be unconditionally accepted without
360+alteration or correction, except as authorized in this
361+article. Bids shall be evaluated based on the requirements set
362+forth in the invitation to bid, which may include criteria to
363+determine acceptability, such as inspection, testing, quality,
364+workmanship, delivery, and suitability for a particular
365+purpose. Any criteria that will affect the bid price and will
366+be considered in evaluation for award shall be objectively
367+measurable, such as discounts, transportation costs, and total
368+or life cycle costs. The invitation to bid shall set forth the
369+evaluation criteria to be used. No criteria may be used in bid
370+evaluations that are not set forth in the invitation to bid.
371+(f)(1) When a bid is submitted that contains an error,
372+the Chief Procurement Officer or head of a purchasing agency
373+may authorize the correction or withdrawal of the bid or may
374+cancel the award of the contract. The authorization of the
375+correction or withdrawal shall be done in accordance with
376+rules adopted by the Chief Procurement Officer.
377+(2) After a bid has been opened, with the exception of
378+price negotiations with the lowest responsible bidder, no
379+changes in bid prices or other provisions of bids prejudicial
380+to the interest of the state or fair competition shall be
381+permitted.
382+(g)(1) Unless there is a compelling reason to reject
383+bids, as prescribed by rules, notice of intent to award to the
384+lowest responsive and responsible bidder whose bid meets the
385+requirements set forth in the invitation to bid shall be given
386+by posting the notice at a location specified in the
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420-"§41-4-136
421-(a) Notwithstanding any other provision of this
422-article, the Chief Procurement Officer or the head of a
423-purchasing agency may make emergency procurements when there
424-is a threat to public health, welfare, or safety under
425-emergency conditions, as defined by rule. Emergency
426-procurements made under this section shall be made with as
427-much competition as is practicable under the circumstances.
428-(b) The authority to make emergency procurements may
429-not be delegated except to the Chief Procurement Officer's
430-staff in the Division of Procurement at his or her direction.
431-Supplies and services that are exempt from the oversight and
432-authority of the Chief Procurement Officer, including, but not
433-limited to, those listed in Sections 41-4-125, 41-4-125.01,
434-and 41-4-126, shall not be required to be procured under the
435-emergency procurement authority of the Chief Procurement
436-Officer. A purchasing agency not otherwise under the oversight
437-and authority of the Chief Procurement Officer shall not be
438-required to make emergency procurements under the authority of
439-the Chief Procurement Officer .
440-(c) A written determination of the basis for the
441-emergency and for the selection of the particular contractor
442-shall be included in the contract file."
443-"§41-4-161
444-(a)(1) A bona fide prospective bidder or offeror who is
445-aggrieved in connection with the solicitation of a contract
446-may file a notice of intent to protest towith the Chief
447-Procurement Officer within 14five calendar days of the date of
448-issuance ofafter the date the solicitation or any amendment to
416+by posting the notice at a location specified in the
417+invitation to bid. Before posting the notice of intent to
418+award, the Chief Procurement Officer or head of the purchasing
419+agency may negotiate with the lowest responsive and
420+responsible bidder to lower the bid price within the scope of
421+the invitation to bid. The invitation to bid and notice of
422+intent to award shall contain a statement of the bidder's
423+right to protest.
424+(2) The Chief Procurement Officer may award multiple
425+purchase contracts resulting from a single invitation to bid
426+where the specifications of the items of supplies or services
427+intended to be purchased by a requisitioning agency or
428+agencies are determined, in whole or in part, by technical
429+compatibility and operational requirements. In order to make
430+multiple awards under this subdivision, the awarding authority
431+shall include in the invitation to bid a notice that multiple
432+awards may be made and the specific technical compatibility or
433+operational requirements necessitating multiple awards.
434+Multiple awards of purchase contracts with unique technical
435+compatibility or operational specifications shall be made to
436+the lowest responsible bidder complying with the unique
437+technical compatibility or operational specifications. The
438+requisitioning agency shall provide the awarding authority
439+with the information necessary for it to determine the
440+necessity for the award of multiple purchase contracts under
441+this subdivision.
442+(h) When it is considered impractical by the Chief
443+Procurement Officer to initially prepare a purchase
444+description to support an award based on price, an invitation
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478-issuance ofafter the date the solicitation or any amendment to
479-itthe solicitation is issued , if the amendment is at issue.
480-After filing a notice of intent to protest, the bona fide
481-prospective bidder or offeror shall have seven calendar days
482-to submit a formal written protest.
483-(2)a. Except as provided in paragraph b., a bona fide
484-actual bidder or offeror who is aggrieved in connection with
485-the intended award or the award of a contract may file a
486-notice of intent to protest towith the Chief Procurement
487-Officer within 14five calendar days ofafter the date of the
488-award or the date of the notice notification of intent to
489-award, whichever is earlier, is posted in accordance with this
490-article. After filing a notice of intent to protest, the bona
491-fide actual bidder or offeror shall have seven calendar days
492-to submit a formal written protest. The Chief Procurement
493-Officer may award the contract at issue if he or she does not
494-receive the notice of intent to protest within the five-day
495-period.
496-b. A matter that could have been raised under
497-subdivision (1) as a protest of the solicitation may not be
498-raised as a protest of the award or intended award of a
499-contract.
500-(3) A notice of intent to protest filed under
501-subdivision (1) or (2) shall be in writing, be filed with the
502-Chief Procurement Officer, and set forthstate the intent to
503-protest, and state the grounds of the protest and the relief
504-requested with enough particularity to give notice of the
505-issues to be decided.
506-(b) The Chief Procurement Officer , or his or her
474+description to support an award based on price, an invitation
475+to bid may be issued requesting the submission of unpriced
476+offers to be followed by an invitation to bid limited to those
477+bidders whose offers have been qualified under the criteria
478+set forth in the first solicitation.
479+(i)(1) Before soliciting bids, the Chief Procurement
480+Officer may authorize issuance of a request for qualifications
481+from prospective bidders. The request shall contain, at a
482+minimum, a description of the scope of work to be solicited by
483+the invitation for bids, the deadline for submission of
484+information, and how prospective bidders may apply for
485+consideration. The request shall require information
486+concerning the prospective bidders' product specifications,
487+qualifications, experience, and ability to perform the
488+requirements of the contract. Adequate public notice of the
489+request for qualifications shall be given in the manner
490+provided in subsection (c).
491+(2) After receipt of the responses to the request for
492+qualifications from prospective bidders, all qualified
493+bidders, as determined by the Chief Procurement Officer, shall
494+have an opportunity to bid. The determination regarding which
495+bidders are qualified is not subject to review."
496+"§41-4-136
497+(a) Notwithstanding any other provision of this
498+article, the Chief Procurement Officer or the head of a
499+purchasing agency may make emergency procurements when there
500+is a threat to public health, welfare, or safety under
501+emergency conditions, as defined by rule. Emergency
502+procurements made under this section shall be made with as
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536-(b) The Chief Procurement Officer , or his or her
537-designee, may settle and resolve the protest of a bona fide
538-actual or prospective bidder or offeror concerning the
539-solicitation or award of a contract in accordance with rules
540-adopted under this article.
541-(c) If the protest is not resolved by mutual agreement
542-within 10 days after the protest is filed, the Chief
543-Procurement Officer shall commence an administrative review of
544-the protest and issue a decision in writing within 14 days
545-ofafter the review.
546-(d) A copy of the decision under subsection (c) shall
547-be mailed or otherwise furnished immediately to the protestor
548-and any other party intervening.
549-(e) A decision under subsection (c) shall be final and
550-conclusive, unless fraudulent , or unless a party adversely
551-affected by the decision appeals administratively to the
552-Director of Finance in accordance with Section 41-4-164.
553-(f)(1) Except as provided in subdivision (2), in In the
554-event of a timely protest under subsection (a) or an appeal
555-under Section 41-4-164, the state may not proceed further with
556-the solicitation or with the award of the contract until five
557-days after notice of the final decision is provided to the
558-protestor, except that.
559-(2) Notwithstanding subdivision (1), a solicitation or
560-award of a protested contract is not stayedmay proceed without
561-delay if the Chief Procurement Officer, after consultation
562-with the head of the using agency or the head of a purchasing
563-agency, makes a written determination that the solicitation or
564-award of the contract without further delay is necessary to
532+procurements made under this section shall be made with as
533+much competition as is practicable under the circumstances.
534+(b) The authority to make emergency procurements may
535+not be delegated except to the Chief Procurement Officer's
536+staff in the Division of Procurement at his or her direction.
537+Supplies and services that are exempt from the oversight and
538+authority of the Chief Procurement Officer, including, but not
539+limited to, those listed in Sections 41-4-125, 41-4-125.01,
540+and 41-4-126, shall not be required to be procured under the
541+emergency procurement authority of the Chief Procurement
542+Officer. A purchasing agency not otherwise under the oversight
543+and authority of the Chief Procurement Officer shall not be
544+required to make emergency procurements under the authority of
545+the Chief Procurement Officer .
546+(c) A written determination of the basis for the
547+emergency and for the selection of the particular contractor
548+shall be included in the contract file."
549+"§41-4-161
550+(a)(1) A bona fide prospective bidder or offeror who is
551+aggrieved in connection with the solicitation of a contract
552+may file a notice of intent to protest towith the Chief
553+Procurement Officer within 14five calendar days of the date of
554+issuance ofafter the date the solicitation or any amendment to
555+itthe solicitation is issued , if the amendment is at issue.
556+After filing a notice of intent to protest, the bona fide
557+prospective bidder or offeror shall have seven calendar days
558+to submit a formal written protest.
559+(2)a. Except as provided in paragraph b., a bona fide
560+actual bidder or offeror who is aggrieved in connection with
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594-award of the contract without further delay is necessary to
595-protect the best interests of the state."
596-"§41-4-164
597-(a) A party that receives an adverse decision from the
598-Chief Procurement Officer under subsection (c) of Section
599-41-4-161(c) or subsection (c) of Section 41-4-162 (c) may
600-appeal the decision to the Director of Finance.
601-(b) AnAny appeal to the Director of Finance shall be
602-made in writing within five days ofafter receipt of the
603-adverse decision fromby the Chief Procurement Officer.
604-(c) The Director of Finance shall hold unlawful and set
605-aside any decision issued by the Chief Procurement Officer
606-that the director finds to be arbitrary, capricious, an abuse
607-of discretion, or otherwise not in accordance inconsistent with
608-law.
609-(d) The Director of Finance shall issue a written
610-decision within 14 days ofafter receipt of the appeal.
611-(e) A copy of the decision under subsection (d) shall
612-be mailed or otherwise furnished immediately to the parties.
613-(f) A decision under subsection (d) shall be final and
614-conclusive unless fraudulent.
615-(g) The administrative procedures and remedies provided
616-in this division shall not be construed as a contested case
617-under the Alabama Administrative Procedure Act. "
618-"§41-16-82
619-(a) This article shall only apply in cases where the to
620-either of the following:
621-(1) A proposed grant that exceeds twenty-five thousand
622-dollars ($25,000).
590+actual bidder or offeror who is aggrieved in connection with
591+the intended award or the award of a contract may file a
592+notice of intent to protest towith the Chief Procurement
593+Officer within 14five calendar days ofafter the date of the
594+award or the date of the notice notification of intent to
595+award, whichever is earlier, is posted in accordance with this
596+article. After filing a notice of intent to protest, the bona
597+fide actual bidder or offeror shall have seven calendar days
598+to submit a formal written protest. The Chief Procurement
599+Officer may award the contract at issue if he or she does not
600+receive the notice of intent to protest within the five-day
601+period.
602+b. A matter that could have been raised under
603+subdivision (1) as a protest of the solicitation may not be
604+raised as a protest of the award or intended award of a
605+contract.
606+(3) A notice of intent to protest filed under
607+subdivision (1) or (2) shall be in writing, be filed with the
608+Chief Procurement Officer, and set forthstate the intent to
609+protest, and state the grounds of the protest and the relief
610+requested with enough particularity to give notice of the
611+issues to be decided.
612+(b) The Chief Procurement Officer , or his or her
613+designee, may settle and resolve the protest of a bona fide
614+actual or prospective bidder or offeror concerning the
615+solicitation or award of a contract in accordance with rules
616+adopted under this article.
617+(c) If the protest is not resolved by mutual agreement
618+within 10 days after the protest is filed, the Chief
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652-dollars ($25,000).
653-(2) Aor proposed contract at issue exceeds five
654-thousand dollars ($5,000) that meets or exceeds the threshold
655-for bid or other formal solicitations under Article 5 of
656-Chapter 4 of Title 41 or any other law that requires formal
657-solicitation procedures for awarding public contracts .
658-(b)(1) All persons whothat, for the purpose of direct
659-financial gain, submit a proposal, bid, contract, or grant
660-proposal to the State of Alabama , shall include a disclosure
661-statement identical to, or provide the same required
662-disclosures as, the disclosure statement developed by the
663-Attorney General and approved by the Legislative Council. The
664-disclosure statement shall not be required for contractsany of
665-the following:
666-a. Contracts with publicly traded companies.
667-b. Contracts for gas, water, and electric services
668-where no competition exists, or where rates are fixed by law
669-or ordinance.
670-c. Awards of economic development incentives.
671-(2) In circumstances where a contract is awarded by
672-competitive bid or other formal solicitation procedure , the
673-disclosure statement shall be required only from the person
674-receivingawarded the contract and shall be submitted by that
675-person within 1030 days of the award.
676-(c)(1) State agencies, departments, or divisions may
677-establish electronic systems for submission of annual
678-disclosure statements, and submission to the shared electronic
679-systems shall satisfy the requirements for submitting a
680-disclosure statement to the agency, department, or division.
648+within 10 days after the protest is filed, the Chief
649+Procurement Officer shall commence an administrative review of
650+the protest and issue a decision in writing within 14 days
651+ofafter the review.
652+(d) A copy of the decision under subsection (c) shall
653+be mailed or otherwise furnished immediately to the protestor
654+and any other party intervening.
655+(e) A decision under subsection (c) shall be final and
656+conclusive, unless fraudulent , or unless a party adversely
657+affected by the decision appeals administratively to the
658+Director of Finance in accordance with Section 41-4-164.
659+(f)(1) Except as provided in subdivision (2), in In the
660+event of a timely protest under subsection (a) or an appeal
661+under Section 41-4-164, the state may not proceed further with
662+the solicitation or with the award of the contract until five
663+days after notice of the final decision is provided to the
664+protestor, except that.
665+(2) Notwithstanding subdivision (1), a solicitation or
666+award of a protested contract is not stayedmay proceed without
667+delay if the Chief Procurement Officer, after consultation
668+with the head of the using agency or the head of a purchasing
669+agency, makes a written determination that the solicitation or
670+award of the contract without further delay is necessary to
671+protect the best interests of the state."
672+"§41-4-164
673+(a) A party that receives an adverse decision from the
674+Chief Procurement Officer under subsection (c) of Section
675+41-4-161(c) or subsection (c) of Section 41-4-162 (c) may
676+appeal the decision to the Director of Finance.
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710-disclosure statement to the agency, department, or division.
711-(2) Agencies, departments, and divisions may establish
712-shared electronic systems to satisfy the requirements of this
713-article."
714-"§41-16-83
715-(a) The information required on the disclosure
716-statement shall be made under oath and penalty as prescribed
717-herein and shall include, but not be limited to, the
718-following:
719-(1) A list of the names and addresses of any public
720-official, and public employee, and family members of the
721-public official andor public employee , who may have a family
722-relationship with the submitting person or his or her
723-immediate family members , or his or her employees,and who may
724-directly personally benefit financially from the contract,
725-proposal, request for proposal, invitation to bid, or grant
726-proposal.
727-(2) A description of any financial benefit that may be
728-knowingly gained by any public official, public employee,
729-andor family membersmember of the public official andor public
730-employee that may result either directly or indirectly from
731-the person or his or her immediate family members, or his or
732-her employees.
733-(3) The names and addresses of any paid consultant or
734-lobbyist for the contract, proposal, request for proposal,
735-invitation to bid, or grant proposal.
736-(b) The State of Alabama shall not enter into any
737-contract or appropriate any public funds with any person
738-whothat refuses to provide information required by this
706+appeal the decision to the Director of Finance.
707+(b) AnAny appeal to the Director of Finance shall be
708+made in writing within five days ofafter receipt of the
709+adverse decision fromby the Chief Procurement Officer.
710+(c) The Director of Finance shall hold unlawful and set
711+aside any decision issued by the Chief Procurement Officer
712+that the director finds to be arbitrary, capricious, an abuse
713+of discretion, or otherwise not in accordance inconsistent with
714+law.
715+(d) The Director of Finance shall issue a written
716+decision within 14 days ofafter receipt of the appeal.
717+(e) A copy of the decision under subsection (d) shall
718+be mailed or otherwise furnished immediately to the parties.
719+(f) A decision under subsection (d) shall be final and
720+conclusive unless fraudulent.
721+(g) The administrative procedures and remedies provided
722+in this division shall not be construed as a contested case
723+under the Alabama Administrative Procedure Act. "
724+"§41-16-82
725+(a) This article shall only apply in cases where the to
726+either of the following:
727+(1) A proposed grant that exceeds twenty-five thousand
728+dollars ($25,000).
729+(2) Aor proposed contract at issue exceeds five
730+thousand dollars ($5,000) that meets or exceeds the threshold
731+for bid or other formal solicitations under Article 5 of
732+Chapter 4 of Title 41 or any other law that requires formal
733+solicitation procedures for awarding public contracts .
734+(b)(1) All persons whothat, for the purpose of direct
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768-whothat refuses to provide information required by this
769-section.
770-(c) The information required on the disclosure
771-statement shall be certified by the vendor or the grant
772-recipient. The certification may be performed by electronic
773-methods and must include all of the following:
774-(1) A representation that the individual who signs the
775-document is authorized to sign on behalf of the vendor, if
776-applicable.
777-(2) A declaration that the disclosure statement is
778-given under the penalty of perjury in the jurisdiction in
779-which it is executed.
780-(3) The date and place of execution. "
781-"§41-16-85
782-(a) A copy of the disclosure statement shall be filed
783-with the awarding entity and as required by this article,
784-retained as required by the State Records Commission, and made
785-available for review for audit purposes by the Department of
786-Examiners of Public Accounts and if it pertains to a state
787-contract,or other auditing authority. If the disclosure
788-pertains to a state contract that must be submitted to the
789-Contract Review Permanent Legislative Oversight Committee
790-pursuant to Article 3 of Chapter 2 of Title 29, a copy
791-shallmust be submitted to the Contract Review Permanent
792-Legislative Oversight Committee committee.
793-(b) Any disclosure statement filed pursuant to this
794-article shall be a public record."
795-"§41-16-87
796-This article shall not apply to either of the
764+(b)(1) All persons whothat, for the purpose of direct
765+financial gain, submit a proposal, bid, contract, or grant
766+proposal to the State of Alabama , shall include a disclosure
767+statement identical to, or provide the same required
768+disclosures as, the disclosure statement developed by the
769+Attorney General and approved by the Legislative Council. The
770+disclosure statement shall not be required for contractsany of
771+the following:
772+a. Contracts with publicly traded companies.
773+b. Contracts for gas, water, and electric services
774+where no competition exists, or where rates are fixed by law
775+or ordinance.
776+c. Awards of economic development incentives.
777+(2) In circumstances where a contract is awarded by
778+competitive bid or other formal solicitation procedure , the
779+disclosure statement shall be required only from the person
780+receivingawarded the contract and shall be submitted by that
781+person within 1030 days of the award.
782+(c)(1) State agencies, departments, or divisions may
783+establish electronic systems for submission of annual
784+disclosure statements, and submission to the shared electronic
785+systems shall satisfy the requirements for submitting a
786+disclosure statement to the agency, department, or division.
787+(2) Agencies, departments, and divisions may establish
788+shared electronic systems to satisfy the requirements of this
789+article."
790+"§41-16-83
791+(a) The information required on the disclosure
792+statement shall be made under oath and penalty as prescribed
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826-This article shall not apply to either of the
822+statement shall be made under oath and penalty as prescribed
823+herein and shall include, but not be limited to, the
827824 following:
828-(1) Any person that any entity which does not receive
829-state funds under a grant or a contract.
830-(2) Any grants or contracts between public procurement
831-units."
832-Section 2. This act shall become effective on June 1,
833-2025.
825+(1) A list of the names and addresses of any public
826+official, and public employee, and family members of the
827+public official andor public employee , who may have a family
828+relationship with the submitting person or his or her
829+immediate family members , or his or her employees,and who may
830+directly personally benefit financially from the contract,
831+proposal, request for proposal, invitation to bid, or grant
832+proposal.
833+(2) A description of any financial benefit that may be
834+knowingly gained by any public official, public employee,
835+andor family membersmember of the public official andor public
836+employee that may result either directly or indirectly from
837+the person or his or her immediate family members, or his or
838+her employees.
839+(3) The names and addresses of any paid consultant or
840+lobbyist for the contract, proposal, request for proposal,
841+invitation to bid, or grant proposal.
842+(b) The State of Alabama shall not enter into any
843+contract or appropriate any public funds with any person
844+whothat refuses to provide information required by this
845+section.
846+(c) The information required on the disclosure
847+statement shall be certified by the vendor or the grant
848+recipient. The certification may be performed by electronic
849+methods and must include all of the following:
850+(1) A representation that the individual who signs the
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842-2025.
843-________________________________________________
844-President and Presiding Officer of the Senate
845-________________________________________________
846-Speaker of the House of Representatives
847-SB36
848-Senate 12-Feb-25
849-I hereby certify that the within Act originated in and passed
850-the Senate.
851-Patrick Harris,
852-Secretary.
853-House of Representatives
854-Passed: 27-Feb-25
855-By: Senator Kitchens
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880+(1) A representation that the individual who signs the
881+document is authorized to sign on behalf of the vendor, if
882+applicable.
883+(2) A declaration that the disclosure statement is
884+given under the penalty of perjury in the jurisdiction in
885+which it is executed.
886+(3) The date and place of execution. "
887+"§41-16-85
888+(a) A copy of the disclosure statement shall be filed
889+with the awarding entity and as required by this article,
890+retained as required by the State Records Commission, and made
891+available for review for audit purposes by the Department of
892+Examiners of Public Accounts and if it pertains to a state
893+contract,or other auditing authority. If the disclosure
894+pertains to a state contract that must be submitted to the
895+Contract Review Permanent Legislative Oversight Committee
896+pursuant to Article 3 of Chapter 2 of Title 29, a copy
897+shallmust be submitted to the Contract Review Permanent
898+Legislative Oversight Committee committee.
899+(b) Any disclosure statement filed pursuant to this
900+article shall be a public record."
901+"§41-16-87
902+This article shall not apply to either of the
903+following:
904+(1) Any person that any entity which does not receive
905+state funds under a grant or a contract.
906+(2) Any grants or contracts between public procurement
907+units."
908+Section 2. This act shall become effective on June 1,
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938+Section 2. This act shall become effective on June 1,
939+2025.449