HomeMy WebLinkAbout07-24-2023 Work Session MinutesSTATE OF ALABAMA
COUNTY OF BALDWIN
) (
) (
The City Council met in a Work Session
at 4:30 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532,
on Monday, 24 July 2023.
Present were Council President Jay Robinson , Councilmembers: Corey
Martin, Jimmy Conyers , and Kevin Boone, Mayor Sherry Sullivan , City Attorney
Marcus E. McDowell , and City Clerk Lisa A. Hanks. Councilmember Jack Burrell
was absent.
Council President Jay Robinson called the meeting to order at 4:30 p .m.
The following topics were discussed:
• The first item on the agenda was the Discussion of Decommissioning Substations at
Nichols and Church by Electric Superintendent Ben Patterson . He explained the
testing of each substations and due diligence for the City of Fairhope .
• Discussion of the Naming of the Clock Comer was next on the agenda. Mayor
Sullivan explained the history for the comer with the Gastons . The consensus of the
City Council was to move forward with naming the Clock Comer "Gaston Plaza."
She said there would be two bronze plaques on each side of the bench .
• The next item on the agenda was the Discussion of Utilities Line of Credit for the
Water and Wastewater by City Treasurer Kim Creech . Councilmember Martin stated
he wants a study prepared for Water and Wastewater; and we need a plan for this.
Council President Robinson agreed with Councilmember Martin and said we are in
catchup phase . The consensus of the City Council was to get a Financial Advisor .
• City of Fairhope Purchasing Policy Guidelines Discussion was presented by Mayor
Sullivan ; and she explained the changes in the bid laws . Mayor Sullivan commented
the Leadership Team agrees with the changes.
• Mayor Sullivan and City Treasurer Kim Creech began the Budget Discussions for
Revenue . Sales Tax was discussed ; and Mayor Sullivan mentioned SSUT and said
the legislature is looking at taking some of these funds back .
• Councilmember Martin said the Recreation Board met and discus sed the Fairhope
Storm Football Team; pickleball courts ; and swimming pool. He also gave a brief
update on the Harbor Board; and said they would like a market analysis for Fairhope
Docks and re venue making ideas.
Council President Robinson briefly went through the Agenda Items and who
would explain if needed.
• Water and Wa stewater Superintendent Daryl Morefield addressed the City Council
regarding Agenda Items No. 10 and No . 12; and answered any questions if needed.
Monday, 24 July 2023
Page -2-
• Interim Gas Superintendent Wes Boyett addressed the City Council and thanked the
City Council and Mayor for attending the Gas Infrastructure meetings.
• Public Works Director Richard Johnson addressed the City Council and mentioned
the completion of pickleball courts at Qua il Creek Golf Course ; and the roof at City
Hall update. He briefly updated the City Council on the following item s: Founders
Project ha s been delayed ; Clock Property Park; and Paving Project. Mr. Johnson
explained Agenda Items No. 7 , No. 8, and No. 11 ; and answered any questions if
needed.
• Human Resources Director Cory Pierce addressed the City Council regarding
Agenda Item No . 5 ; and answered any questions if needed. Mayor Sullivan explained
the ordinance ; and also answered any questions if needed . Councilmember Boone
thanked Mr. Pierce for his service with the City of Fairhope ; and commented this
would be his last City Council meeting .
• Captain John Hamrick addres sed the City Council regarding Agenda Items No . 13 ,
No. 14 , No. 15 , and No. 16 ; and answered any questions if needed.
• Councilmember Martin addressed the addressed the City Council re garding Agenda
Item No . 17 ; and answered any questions if needed . He mentioned the Tree
Ordinance and some changes needing to be made .
• Mayor Sullivan addressed the City Council regarding Agenda Item No .' 6; and
answered any questions if needed .
There being no further business to come before the City Council , the meeting
was duly adjourned at 5:30 p.m.
~-,~ ~s)vfc
City Clerk
NE comer of Fairhope Ave and Section St.-Coleman Comer/Ruge Comer/Gaston Comer/Clock
Corner
• The northeast comer of Fairhope Avenue and Section Street was first occupied by the
home of Clement L. Coleman , one of Fairhope 's 28 founders , sometime around 1896.
Coleman served as President and Treasurer of the Fairhope Industrial Association (now
the Fairhope Single Tax Corporation) as well as on the City of Fairhope's first City
Council (serving three terms).
• Coleman had the home expanded into a larger building in 1902 but, as the Fairhope
Courier described, at such a "leisurely growth " that "its use is still as great a conundrum
as ever to the public at large." The new building served as a home to Mr. and Mrs.
Coleman, rented offices , and a place where Coleman sold miscellaneous items, farming
equipment, and even land titles. Coleman called th e building "the Conundrum".
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• In 1908 , J.E.E. Ruge took over the building and mov ed his leather goods business from
the corner of School Street and Fairhope Avenue into the building . Between 1908 and
1929 the location was known as the Ruge building and housed multiple businesses,
sometimes simultaneously in different portions of the building. Some businesses housed
there (besides Ruge 's leather goods) were a butcher shop, a barber shop , the Curtis Feed
Company of Mobile, the Fairhope Department Store (owned by Ruge), a plumbing shop ,
and a shoe repair shop . When J.E.E . Ruge died in 1915 , his son, E . A . Ruge , took over
the building. E . A . Ruge was the foster father o f Fairhope mayor Howard Ruge.
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• In 1929 , James E . Gaston , son of Fairhope found e r Ernest Berry Gaston , a cquired the
corner lot for the expansion of his business , the Gaston Motor Company , which was
NE comer of Fairhope Ave and Section St.-Coleman Corner/Ruge Comer/Gaston Comer/Clock
Corner
located on Fairhope Avenue directly east of the corner. The company was originally
founded in a small building by James E . Gaston , in 1914 , as Gaston's Auto Livery. The
business was renamed Gaston's Garage and then again to Gaston Motor Company (when
it became an authorized Ford dealer in 1923). The company's original building was
expanded several times, most notably in 1925. Though the company acquired the corner
lot in 1929 , it did not make use of it until 1934 .
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• In August of 1934, the Conundrum and other adjoining buildings that had been
occupying the northeast corner of Section Street and Fairhope A venue were demolished .
A portion of Section Street at the intersection was also widened .
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• In November of 1934 , the new Gaston Motor Company "Super Service" service station,
built by Dyson and Co ., was opened .
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CITY OF FAIRHOPE PURCHASING POLICY GUIDELINES
EXPENDITURES UNDER $30,000 & $100,000 (FOR PUBLIC WORKS PROJECTS)
Expenditures under $30,000 ; $100.000 for Public Works projects are governed by the City of Fa i rhope's i nternal purchasing polices.
Purchase of goods and services for the COF require the issuance of a Purchase Order (PO) to the vendor .
A PO CANNOT be issued until the vendor has been established in the Purchasing Department's Vendor Registry Database. No work is to
be conducted by a Vendor prior to the issuance of a PO to the Vendor. Please contact Purchasing Department if you would like a Vendor
to be added to the COF Vendor Database .
In order to have a PO number assigned, a PO Requisition must be entered in MUNIS by the requesting department. Quotes , purchasing
cooperative contracts (where applicable), green sheets (where applicable), and resolutions (where applicable) must be denoted and/ or
attached to the requisi tion . All Requisitions over $5.000 will be approved by the Treasurer. Once the Requisition is approved a PO can be
issued .
Approval requirements vary for different expenditure thresholds . Requirements are as follows :
Expenditure Threshold Distinctions Quotes Required Approval Green Sheet Resolution
Under $5,000 No restrictions Not Required N/A N/A N/A
Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer /Mayor N/A N/A
Greater than : Operational NON -Budgeted Three Council Reguired Reguired
Gen Govt -$5,001
Util ities -$10,001
Gen Govt -$5,001 -$30,000 Operational Budgeted Three Treasurer N/A N/A
Utilities -$10,001 -$30,000
Over $30,000 Operational Budget* State Bid list or Treasurer/Mayor N/A N/A
Buying Group
Over $30,000/$100,000 Operational Budgeted Bids Council Regulred Reg1,1ired
Professional Serv i ces Over Budgeted or Non -Budgeted Mayor Select Council Reguired Regulred
$5 ,000
*Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer's approval if they are on the State
Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will reguire a green sheet and
resolution.
Certain utility purchases may not require bid or approval if they meet criteria below per Alabama Code Title 41. State Government 41-16-51
Competitive bids for entities subject to this article shall not be required for utility services, the rates for which are fixed by law, regulation,
or ordinance, and the competitive bidding requirements of this article shall not apply to :
(7) The purchase of equipment, supplies, or materials needed, used, and consumed in the normal and rout ine operation of any waterworks
system , sanitary sewer system , gas system, or electric system, or any two or more thereof, that are owned by municipalities, counties, or
public corporations, boards, or authorities that are agencies, departments, or instrumentalities of municipal ities or counties and no part of
the operating expenses of which system or systems have, during the then current fiscal year, been paid from revenues derived from taxes
or from appropriations of the state, a county, or a municipality .
If an expenditure reguest needs to go to City Council for approval. a memo must be issued to the City Treasurer through the Purchasing
Manager for the issuance of a green sheet. Memos must be issued to the Treasurer the Wednesday after the last Council meeting to get
on the upcoming Council agenda.
A purchase. contract. etc. CANNOT be broken into several purchases to circumvent the law (Reference Resolution No . 3873 -20).
Purchases of "like" items totaling over $30,000 in a fiscal year must be bid and can only be approved by City Council.
PO value and invoice value must match . Invoices must reference PO number, contract number, project number, bid number, etc.
A bi -monthly report of capital items budgeted and non-budgeted will be provided to the Council by Treasury.
Effective 5/09/2022 Resolution #4454-22
... •' .. ,,-
'• SB108 ENROLLED
1HT13L-2 1
2 By Senat ors Coleman-Madison, Coleman, Elliott, Waggoner ,
3 Figures, Stewart, Hatcher, Jones
4 RFD: State Governmental Affairs
5 First Read: 21-Mar -23
5
7 2023 Regular Session
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SB108 Enrolled
1 Enrolled, An Act ,
2
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4 Relating t o public contracts; t o a men d Se ct ions
5 41 -16-50 , 41-16-51, 41-16-52, 41 -1 6-5 3 , 4 1-1 6-54 , and
6 41-16-55, Code of Alabama 1975, to increase the threshold
7 do l lar amount f or whic h competitive bidding is generally
8 requ ir ed for certain state a nd local pub li c awarding
9 authorities, wit h except i ons; to provide a le gi slati ve method
1 0 for the increase of the threshold dollar amount; an d in
1 1 con necti o n therewith would hav e as its p urpos e or e ffect Lhe
12 r eq ui r e ment of a n ew or increased expen d it u re of l ocal f und s
13 withi n the meaning of Section 111.05 OL the Constitution of
14 Ala bama of 202 2.
15 B£ IT ENACTED BY THE LEGISLA TURE OF ALABAMA :
16 Sec tion l. Sections 41-16-50, 41-16-51, 41-16-52,
17 41-16 -53, 41-16-54, and 41-16 -5 5 , Cod e o f Al abama 1975, are:
18 amended to r e ad a s follows:
19 "§41-1 6-50
20 (a) Wi t h t he exception of contracts for public wo rks
21 whose comp et itive biddin g req uirements ar e governed
22 exc l usively by Tit le 39 , al l expenditure of f u nds of whatever
23 naturs for l ab or , servi c es, work, or for the purchase of
24 ma te r ials, equipment, supp li es, or other per sonal pro~erty
25 involving fif:.e::.r. t hcusa:-.d dellars ($15,000) thir t y t ho usand
26 doll ars ($30 ,000) o r mo re, and the le as e of materials ,
27 equipment , s up p lie s, or other persona l property where the
28 les see isT or becomes legally and con trac tuallyr bound under
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SB108 Enrolled
the ter ms of the leaser t o pay a total am o unt of fiftc:n
thousand del lars ($..:.5, 000) thirtv tho u sa n d d o llars ($30,0 0 0 )
31 or more, made by or on be ha lf o f t he Al a bama fire College, th e
32 d i st r ict b o ar d s of edu ca tion o f i n de p e n d ent sc ho o l d is t ricts,
33 the county commissions, t h e gov e rning bodies of the
3 4 mu nicipal i ti e s o f t h e s t a te , and t he gov er ning b o ards of
35 instrumentalities o f coun ies an d municipa li ties, including
36 waterworks bo ards, s e wer bo ard s , gas board s, a , d other l i ke
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utili t y boards and commissions, except as hn•:i 0 u -tcr
otherwise pr o vided i n th is artic l e, sh al l be mad e un der
c o ntractual agreement entered int o b y fr e e and o pen
40 competitive b i dding, on sealed b id s, ... o the lowest responsi b l e
41 and responsi v e bi d de r .
42 (b) (1) Pri o r t o adv e n .ising for bids f o r an item o f
43 pe r sona l p r op e r t y o r sec v i c es, whe r e a c o u nt y , a mu n i c i pa li t y ,
44 or an instrumentality thereof is the award i ng authorit y , the
45 awardi n g a u thority may est a b l i sh a l o cal p~efercnce zone
46 consist i ng of ~ithsr any o f t h e f o llow i n a :
4 7 a. T h e tfl--e-lega l b o u n d a ri e s o r j ur:isdict.i o n of the
48 awarding a ut h o ric y , 21: th::..
4 9 b. The boundar i es o f the co u n t y in which t.he a warding
5 0 author i ty is locat e d, or the.
51 c. The boundaries o f the Cor e Ba se d Stat i st i cal Area i n
5 2 wh ich the award i ng a uthor i t y is lo cated.
53 (2) If no ::::·...:::::r_ ac t i c,n i s ta ken by the a w<::r ding aut h ori ty
5 4 u nd e r subd i vision (ll, the boundaries of t h e lo ca l preference
5 5 zone shall be deem ed to b e the s 3me as t he i e g al b o und ar ies o r
5 6 j u r i sd i cti o n of t he award i ng a u t ho rit y .
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SB108 Enrolled
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57 Jl..L_In the event a bid is received for an i te m of
58 personal property or services to be p u rchased or contracted
59 for from a person, firm, o r corporation deemed to be a
60 responsible bidder, having a p lace of business within the
61 local preference zone where the county, a municipali ty , or an
62 instrument a lity thereof is th e awarding authority, and t he bid
63 is no more than five percen t gr e ater than the bid of the
64 lowes t responsible bidder, the awirding authority may award
65 the contract to the resident r esponsible bidder.
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(4) If no bids or only one bid is received at the time
stated in the advertisement fo r bids, the awarding authorit y
may advertise for and seek other competitive bi ds, or the
a warding authority mav negotiate through the receipt of
in formal bids not subject to the requirements of this article.
Where only one responsible an d responsive b id has been
receive d, any negotiatio n for the work shal l be for a price
lower than t hat bid.In the event only en= bidder respsnds to
the invitation to bid, the awarding authority ffiay r=jcct the
bid and negotiate the purchase or contract, providing the
negotiated prie= is lower than the bid pria _.
(5) In the event both or all bids e:<ceed the awarding
authority's anticipa ted budget , t he awarding authority may
negotiate with the lowest re spons ib le and responsive bidder ,
provided the negotia te d price is lower than the bid pr ic e.
+e+J..£l. The governing bodies o f two or mor e contracting
82 agencies, as enu me rated in subsect i on (a), or the gov e rning
83 bodies of two or more co u nties, or the go ver ni ng bodies of two
34 or more city or county boa rds of educ ation, may provide, by
Pa-ge 3
SB108 Enrolled
' ....
85 joint agreement, for the p u rchase of labor, services, or work,
86 or fer the purchase o r lease of mater i als, equipmenc,
87 supplies, or other persona l property for use by their
88 respective a g encies . T he agreement shall be entered into by
89 similar ordinances, in th e case of municipa li ties, or
9 0 r e s o lu t i on s, in t h e case of ot h e r con t ract i ng agenc i es,
91 adopted by each of the par t i c ipat i ng governing bod i es, which
92 shal l set forth t h e categ o ries of labor, s e r v ic e s, or work, or
93 for the p u rchase o r lease of materia l s, equipment, supplies,
94 or other personal property to be purchased, the manner o f
95 ad v ertis.:.ng f o r b i ds and t he awarding of contracts, the method
96 of paymenc by each participa c ing con t racting agency, and other
97 matters dee med necessary to carry o ut the purposes of the
98 agreement . Each c o n tracting agency's s h are of expenditures for
99 pur c hases u nder any agreemenc shall be appropriated and paid
100 i n the man n er set f o rth in the agreement and in the same
101 manner as for oc h er expenses of the c ontrac t in g agency. The
102 contracting agen c ies enter:-ing into a joint agreement, as
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herein p e rmitted b y this se c ti o n, ma y d esign a te a joint
pu r chas i ng o r bidding ag e nt, and t he a g ent shall comply with
105 th i s article. Purchas e s, c o ntrac t s, o r agreements made
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l "~ vO
pu r sua n t to a join t purchasin g or b i d di n g ag r eement shall be
subject to al l terms an d cond i t i ons of this arti c le._
I n the event that uti l ity serv ices are n o longer ex e mpt
1 09 f r o m compe t iti v e b idd in g u n de r this ar t i c le, ~on-adjo in ing
110 c ou nties may not purchase u tility s ervi ces by joint agreement
111 under authori ty gra n t e d by chis s ub se c ci o n.
1 12 -H-t-~ T~e a war ding a uth o r i t y may r eq u i re bidders to
P a ge 4
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SB108 Enrolled
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113 furni sh a bid bond fo r a part i cular bid so l ici tati o n if t h e
14 bonding requi r em ent appl ies t o a 1 1 bid de rs, is includ e d in the
115 writt en bid specifi c ations, and if bondin g i s avai lab le for
116 the services , equipment, or ma t e ri als.
117 +e+(e) Notwithstanding subsection (a), i n the event t he
118 low e st bid for an item of personal pro perty or serv i ces to be
119 purch as ed or contract e d for is receiv ed fr om a fore i gn entity ,
120 where the county, a mu n ic ip ali ty , or an instru mentality
121 th e re of i s th e awarding au thority , the aw ard ing authority ma y
122 award th e contract t o a resp o nsible bidder whose bid is no
123 more tha ~ 10 percent greater than che foreign e nt ity if the
124 bidder h as a place of b u siness within th e l oca l preference
125 zone or i s a resp onsib l e bidder from a business within the
126 state that is a woman-owne d ente rpris e, an en terp r is e o f small
127 business, as defined in Section 25 -1 0 -3 , a min o ri ty -owned
128 business enterprise, a v eteran-owned busin e ss enterprise , or a
129 disadvan ta g ed-own ed business enterprise. Foy t he purposes of
130 this subsecti on , f oreign ent ity means a business entity t ha t
131 does not have a place of b u s i n e s s within the state .
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(fl (1) No expenditure inv o lving th irty thousand dollars
($30 ,0 00) or more ma y be s plit into parts involvin g sums of
l e ss than thirty t housand dol iars ($30 ,00 0) f or the pu r p ose of
e v ading the r eq u irements of this artic l e .
(2) If an awarding authority docum e nts it s reasonable
be _ief, based on expenditures in previous years , th a t a n
138 e x penditu re wi ll not meet the doll ar threshold an d , b as ed up on
139 that reaso n abl e be lief , makes the e x pen diture wi t hout bidding ,
140 but then c irc umstances arise th a t n e cessitat e mak ino a
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SBlOB Enrolled
subsequent expenditure of ike items o r services that would
increase the total to or ab o ve the dollar threshold, then the
subsequent expenditure shall be bid pursuant to this article.
mhe awardinc authoritv shall not be deemed to have violated
this article for the prior expenditure that was not bid,
146 provided that the awarding authority documented its reasonable
147 belief, based on e xpenditures in pre v ious years, that the
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1 5 0
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total amount would b e belo w the d o lla r threshold and that the
subsequent expenditure was bid.
(g) Beginning October 1, 2 0 27, and every three years
thereafter, all dollar amounts used in this article shall be
subject to a cost adjustment based on the following procedure:
The Chief Examiner of the Department o f Exam i ners of Public
Accounts may submit to the Chair of the Legislative Counci l a
recommendation that the a mo u nt be increased based o n th e
percentage increase in the Consu mer Price Index f o r the
immediately preceding three -year pericd, rounded to the
nearest thousand dollars. The recommendation shall be subject
to the approval of the Legislative Council. I n the event the
recommendation is not disapproved by the Leg i slative Co u ncil
by the end of April f o ll o wi ng the subm i ssion o f the
162 recommendation, the recommendatio n shall be dee med to b e
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approved. Upo n appro v al, th e Departmen t cf Examine r s o f Publ i c
Ac c ounts sh a ll notify t he publ i c o f the adju s ted dolla r
amounts bv July 1 before the fiscal year in which the changes
166 will take effect."
167 "§41-16-51
168 (a) Competit.iv e bids fo r e nt it.ie s s u bj e ct t o chis
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SB108 Enro lle d
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169 article shall not be required for util i ty services, the rates
170 for which are fixed by law, re gulati on , or ordinance, an d the
171 c o mpetitive bidding requirements of th i s article shall not
172 apply to any of the following:
173 (1) The purchase of in surance.
174 (2) The purchase o f ballots and supplies for con ductin g
175 any primary, general, special, or munici pa l e l ection.
176 (3) Contracts fo r sec uring ser vic es o f attorneys,
177 physicians, architects, teach er s, sup eri ntendents of
178 co n struction, artists, appraisers, engineers, consultants,
179 certified public accountants, public accountants , or other
180 individuals possessi n g a high degree of profes s ional skill
131 wh er e the personality of the individ ual plays a decisi ve part.
182 (4) Co n tracts of emp loyment in t he regular ci vi l
133 se r vice .
134 (5) Contracts fo r fiscal or financial advice or
135 se r vices.
136 (6) Pur chases of products made or manuf act ured by blind
187 o r visua l ly i mpa ired i ndividua l s under the direction or
188 s upervis ion of the Alabama Institute fo r Deaf and Blin d i n
139 accordance with Sections 21 2 1 to 21 2 4, inclusive Chapter 2
190 of T it l e 21.
191 (7) Purchases o f maps or photographs Erom any federal
192 age ncy.
193 (8) Purchases o f man uscr ipts, books, maps, pamphlets,
194 per i odica ls, and library/research ele c tronic d at a bases of
195 manusc ripts, books, maps, pa mp hlecs, or period i cals.
196 (9) Th e select i on o f pa y ing age n ls and tr ustees fo r any
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SB108 Enrolled
~97 security issued by a p ub lic body .
198 (10 ) Existing co ntr acts up for renewal for sanita t ion or
199 solid waste col le cti o n, recycli n g , ar.d disposal between
200 munic ipalit ies or coun t ies , or boch, and those providing the
2 0) service.
202 (11) Purchases o f computer and word processi n g hardware
203 when the hardware i s t h e on l y type t hat is com pa tib le with
204 hard ware alr eady owned by the entity taking bids and custom
205 s ofcware.
206 (12) Professional services contracts f or codification
207 and publication of the laws a nd ordinances of municipalities
2 08 and coun t i es.
209 (13) C o ntractual se rv i ces and pu~c h a s es o f c ommodities
210 fo r which there is onl y on e vendor or sup p li er and contractua l
21 1 services an d purch as es of pers o nal propert y which by t heir
2 1 2 v e ry nat ure are impo s s i ble to award b y competi t ive bi d d in g .
213 (14) Purchases of dirt, sand , or gravel by a counc v
2 1 4 gove rn ing body from i n -county pr o pert y o wners in order to
21 5 supply a c oun t y road o r bridg2 proj e ct i n which the materials
216 will be used. The mat eria l shall be delivered to the project
21 7 site by c ount y emp l oyees and equipment used only on prc j ects
213 project components cond ucted exclusivel y ~y county e mployees.
219 (15) Contractual services and purchases of p r oducts
220 related to , or having an impac t upo n , security plans,
221 procedures, assessments, mea s ures , or systems, or the secur i ty
222 or safety of pe rs on s, structures, facilities, or
2 2 3 i nfrastructures .
224 (16) Sub j ect to the limi t a t i o ns in th i s subdi v is i on ,
Pag e B
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SB108 Enrolled
225 purchases, leases, or lease /p u rchas e s of goods or s e rvices,
226 oc h e r than voice or d a ta wirele s s co mmunication serv i ces , made
227 as a part of the p u rchasing cooperative sponsored by the
228 National Associat i on of Counties , its success o r organizat io n ,
229 or any other national or reg i onal governmental c o operat iv e
230 purchasing program. The purchases, leases , or l ease/purchases
23 1 may only be made if all of the followi n g occu r :
232 a. The goods or services being purch as ed , including
233 those purchased through a lease/purchase agree me nt, or leased
23 4 are avail ab le as a result of a competitive bid process
235 conducted by a governmental entity and approved by the Alabam a
236 Department of Examiners of Public Accounts for each bid.
237 b. The goods or services are either not at the time
238 available to count i es on the st ate purchasing p r ogra m or are
239 availa bl e at a pr i ce equal to or l ess than that on the state
24 0 purchasing progra .
241 c. The purchase, lease, or l ease /purchase is made
242 through a participating Alabam a ven d or holding an Al abama
243 business license if such a vendor ex is t s.
244 d. The entity purchasing, leasing, or lea se /purchasing
245 goods or se r vices under th is subdiv i sion has b een n o t i fie d by
246 the Department of Examine rs of Publ i c Accounts that t he
247 competit i ve bid pr o cess util i zed b y the co o p e rat i ve progra m
248 offering the goods comp li es with this subd i vi si on. In
249 addition, upon request, a vendor shall p ro vide the entity
2 50 purchasing, leasing, or lea se/purchas in9 it :.ms ':hat :::: e ::ed
251 =~:tee~ th:u:~nct dollars ($:5,000) goods or s e rvic e s eoualing
252 thirtv thousan d dollars ($3 0,000) or more which ar e mad e u n der
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SB108 Enrolled
253 c.his ::::::eptieR subdivision during the previous 12 months a
254 report of the sales, leases, and lease /pu rch ases...:.. Hh 1 cJ:?
255 ineludes The report shall include a general d escr ip tio n o f the
256 goods or ser v ices; t he nu mber of un i t s so ld , leased , and
257 leased /purchased per entity ; and the price of un i t s pur c hased,
258 leased, or leased/purchased.
259 (17) Pur::ha:::: Purchases of goods or services, othe r than
260 wireless communicat io n services, whether vo i ce or data, from
261 vendors that hav e b ee n awarded a current and valid Government
262 Services Administra~ion contract. Any purchase made pursuant
263 to this subdivision shall be under the same terms and
264 conditions as provided in the Government Ser v ~ces
265 Administration contract. Pri ces paid for s uc h goo d s a nd
2 6 6 s e r vices , o the r than w i re le s s co mm u n i ca t i on s e r vi c e s , w he the r
267 vo i c e or d a ta , ma y not exceed the amount provided i n the
268 Go vernment Serv i ces Ad min is trat ion contract.
269
270
271
(18) Purchases of go o ds o r services fro m vendors th at
have been awarded a current and valid statewide contra c t
listed on the Alabama Buys e-orocur e menr s v stem. An y p u rchase
272 made pursuant to thi s subdivision shall be under the same
273 terms and condi t ions as provided in the statewide co n t r act .
274
275
276
277
278
279
Prices paid f or such goods and services may not exceed the
amo u nt provide d in the statewide contract.
(19) Purchases of goods or services betw ee n gover nmental
entities o f the sta te , as authorized by Sec tion 1 1-1-1 0 .
(bl Thi s article sha l l n ot appl y to:
(1) Any purchase s o f p r oduc ts wh ere the price of the
2 30 products is alr ea d y r egulated and established by state law .
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SB108 Enrolled
281 (2) Purchases made by indi vidual sc h ools of th e county
2 82 or municipal p ublic sc h oo l systems f rom monies other than
283 those raised by ta xati on or r e ceived through appropriati o ns
284 from state or county sou r ces.
28 5 (3) The purch as e, le as e, sa l e, co n struction ,
286 i ns t allat ion, acquisition , improvement, en larg e ment , or
287 ex pansion o f any building or stru ct ur e or other f a ci li ty
288 desig ned or intended f or leas e or sale by a med ical clinic
289 boar d o rg ani z ed under S:.et:.ens 11 58 1 tc 1 1 58 14, ir>i c 1 n:·"=
290 Chapter 58 of Ti tle 11.
291 (4) T he purchase , le ase , o r o th er acq u i sition of
292 mach iner y , equipment, s upplie s, an d oc he r personal proper t y or
293 serv ices by a medical c l inic board organize d un der Sections
294 11 59 1 t o 11 58 U, inclus i·,·c Ch apter 5 8 o f Ti t le 11.
295 (5) Purchases f or public h ospita l s and nursing homes
296 oper ated by the govern in g boards o f instrumentaliti e s of t h e
297 state, counties, and munic ip alities.
298 (6) Contrac~s for the purchase, lea s e, sal e ,
299 constru c tion , i nstal l ation, acquisiti o n, improvemen t ,
300 enlargement, or e x tens i o n of any plan t , bu il ding, structure,
301 or o the r fac il i ty or any mac hin ery , equipmen t , f ur n i ture, or
302 furnis h i ngs th e r efor desi g ned or intended for l e ase or sale
303 for in dustr i al d evelopme nt , other th an publi c utilities, under
3 0 4
305
306
Section s 11 54 BO to 1 1 54 99 , inclusive o·vision l of Art ic le
4 of Chapter 54 of T ic le 11, or Gce~i o ns 11 51 20 ta 11 54 ~8,
'nelusive Article 2 of Ch apter 54 of T i tl e 11, or any oth e r
307 law o r amendm en t to th e Consti t ution o f Al abama of 2022
308 authoriz ing th e c ons t r uc tion of p_an t s or other facili t ie s for
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SB108 Enrolled
309 industria l d e velopm e nt or f or th e c onst ru ct io n an d equ i pment
3 10 of buildings for pu b l i c building a u thoritie s under ~=2cien2
311
312
11 56 l ts 11 56 22 , inclusive Cha p ter 56 of Titl e 11.
(7) The purc h ase of equipme n t , 1 . supp-'-ies, o r mate ria ls
313 needed , used , a nd co nsu med i n t h e norm a l and routine operati o n
314 of any waterworks sys t em, sa ni tary se wer sy s t e m, g as s y ste m,
315 o r electric system , or a n y two o r more ther e of, that are own e d
316 b y munic i pal i ties, c o u nties, o r p u bljc c or p ora tions, bo ard s ,
317 o r a uthorities that are a g encies, departmen t s, o r
318 i n s t ru me n tal i ties of muni ci pa liti e s o r c ou n ti es an d no p a rt o f
319 the operating exp e nses of which s y st e m or s y stems , du ri n g t he
32 0 t h en cu r r e n t f i s c a l yea r , h av e been p aid fr om r eve n u es de riv e d
3 21 fr om ta x es or from appropr i ati o n s o f t he stat e , a c ou nt y , o r a
322 municip a lit y .
323 (8) Purchases made b y l o cal hou si n g a u t h orit i es,
324 organ i zed and existing un d er Chapter 1 of T itle 2 4 , from
325 mo nies o t h er than t h ose r ai sed b y state, c o u n t y , o r c it y
326 taxa t ion or rece i ved through appropriations from state,
3 27 c o u n ty, o r cit y so u rces.
3 28 (c) The state trade schools, state junior c o lleges,
3 29 state c o lleges, and un i ve r s i ties un d er the s u pervision an d
330 contro l of the State Boar d o f Education, the di st rict b o ard s
3 31 o f educ a tion of in d epe n dent s c hoo l distric t s, the c o unt y
332 c o mmissions, and the g overn in g b o dies of t h e mu n i cipa li ties o f
333 the st:ate shall estab l ish a n d mainta i n such pu r c hasin g
334 fa c ilit i es and p r ocedures as ma y b e ne ce ss a r y to carry ou t t h e
335 intent and purpose o f this ar t i c l e by com p l y ing wi t h t h e
336 req u iremen t s f or c o mpe t i t i ve bi ddin g in th e op era tio n and
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5B108 Enrolled
337 management of each sta te trade sch ool , sta te junior college ,
338 sta t e college, or un i versity under the sup e rvision and control
339 of the Sta ce Board of Educ ation, the district b oa r ds of
340 education of i n dependent school districts, the county
341 comm i ssions, and the governing bodi es of t h e municipalities of
342 the state and the gover n i ng beards of in s trum e n ta l i ties o f
343 counties and municipalities, including wat e rworks boards,
344 sewer boards, gas boa rds, and othe r li k e ut il ity boa rds and
345 commissions.
346 (d) Contracts entere d in to in violation of this artic le
347 shall be voi d and any person who v iol ates the provisions of
346 th is articl e shall be gu il t y of a Class C felony."
349 "§41 -16 -52
350 (al All expend i tures of funds sf whatcv:r naLur: for
351 repair parts and t h e repair of hea vy duty o f f-highwa y
352 construction equipment or of any vehicles wit h a gross veh icl e
353 we i ght rating of 25 ,000 pounds or g reater, including mac h inery
354 us ed for g r a d ing, drainage , road c on s·ru cti o n, and compaction
355 for the exclusive use of county and municipal highwa y , street,
356 and sani t at ion depart ments, involving not more than tw2nty t\:O
357
358
thousand five hundr _d dollars ($22,50 0) fo rtv thousand dollars
($40,000) made by or on behalf of any co unt y commissions and
359 t h e gov ern ing bod i es of the municip alities of t he state, and
360 the governing bod ies of instru men talities, including
361 waterworks boards, sewer b oa rds, gas boards, and o t her like
362 u t i lit y boards and commissions, sh all be made, at th e option
36 3 of the governing board s, bod i es, instrume nta li ti es , and
364 co mm issions, withouc r egar d to this article. T h e f o rego ing
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S8108 Enrolled
365 exempt io n from this art i cle shall ap p l y to ea c h inc i d e nt of
366 repair as to a ny repa i r parts, eq u ipm e nt, vehicles, o r
367 machinery. The amount of the exempted e xpen d it u re shall not be
368 construed to b e an aggregate of all t he exp e nditures per
369 f i sca l year as to an y i n d i v i dua l v eh ic l e or p i e ce of e quipme nt
370 or machine r y.
371 (b) The option provided by subse c tion (a} may be
372 e x e r c i sed b y t h e govern i ng boards, b od i es, in str u mentalities,
373 and commissions by spec i fic reference to this section on any
374 and all purchase orders a nd p u r c hase com mi t me nt s exec u ted b y
375 the governing beards, bodies, instrumentali t i e s, and
37 6 commiss i ons; provided, her,;2..,·:::::. Howe ve r, t he o pti o n s hal l n o t
377 be exe rc ised by any emplo y ee, a g e n t , o r serv ant unl es s done so
378 after h aving received official prior approval of the
379 respective go v erning board, b od y , i n s trumenta l it y , o r
330 commission o r uniess exercised pursua n t to a formal po li cy
381 adopt e d by the gover n ing boa r d, bod y , i n st r u mentality, or
382 commission setting o u t conditions and rest r i c t i ons u nd er which
383 the option shall be e x ercised.
384 (c ) lUl expe n d i tures of funds of ...-hatever: nature for t he
335 l easing of heavy duty off-hi g hwa y co n str ucti o n equipment an d
336 all vehicles with a gross veh i cle wei g ht rat i ng of 25 ,000
337 po u nds o r g r e a ter, ir.c l u din g ma c hine ry for grading, d rainage,
338 road construction, and compac t ion for exclusive us e o f county
389 a n d municipal h i gh wa y , str eet , a nd san i tat io n depart men ts,
390 involv i ng a mo nthl y re nta l of not mo r e tha n f'vc th o usand
391 dol.:..ars ($5,000) te n thousa n d doll a rs ($1 0,00 0 ) per rno nth per
392 veh i cle or p i e ce o f e q u ip mer. o r ma chi n er y but not t o e x cee d
Pa g e 1 4
393
394
SB108 Enro lled
:i.:te:r. thc:..:sa:=d dollars HHS,000) thirty thousand dollars
{$30 ,000) per mo nth fo r all such vehicl es and pieces of
3 95 equipment made by or o n behalf of any county commissions and
396 the governing boards of mu nicipalities o{ the state and the
3 97 governing bodies of inscrumenta liti es, including waterworks
3 98 boards, sewer boards, gas boa Ld s, and o ther like utility
399 boards and commissions sh al l be made, at the option of the
400 governing boards, bodies, i nstrumenta lit ies, and commissions,
401 without regard to the prct.risions of t hi s article."
402 "§41-16-53
403
404
405
406
407
408
409
410
IP. case sf emergency a:feeting public health , safety er
eo:.venier.ce, so dcel.::red 1.n ~.-ri::.ing by chc a·,:ard " ng a:.:thori ty,
setting forth the nature of the danger ta publ.:.e he:lth,
safety or convenisnc: invclv:d in d:la~, :cntraets ffiay be ':t
to ::.he :H'::nt n::ccssery to m::t th: :m:rg:n::y 'ilithcut publ ' s
advcrciscffient. Such action and the reasons thcrcfsr shall
immediately be made public by the a ·.wrdir.g
authority.Notwithstanding any l aw t o t he contrary, in the
4 1 1 event circumstances arise for which a delay in remedying or
412 otherwise addressing would likely ca us e harm t o an individual
413 or publ i c proper ty , a cont r act may be let to t he extent
4 14
415
necessary to mitigate the harm withou t regard to t he
re q ui r e ments o f thi s article, provided t h e a war d i ng authority
416 does both of the following:
417 (1) Docu ments two or mo re price quotations or price
41 8 estimates before lettina th e co ntrac t .
419 (2) Adopts a resolution declaring the na t u r e of the
4 20 circumstances, the ac tio n t o be taken, and the reasons for
Pag e 15
421
422
423
424
SB108 Enrolled
taking the action."
"§4 1 -16-54
(a) (1) All proposed purchases in e:-:cess of fif:::e::r.
t.hcusand dallars (SlS, 000) thirty thousand dollars ($3 0 ,000)
425 sha ll be advert ised by po s ting not i ce thereof on a buil e tin
426 board mai ntained outside the pu rchasin g office and in any
427 other manner and for any length of time as may be dete r mi ned.
428 Sealed bid s or bids to be subm it te d by a re ver se auc tion
4 2 9 procedure shall also b e s olic ited b y s e nding n oti c e by mail or
430 other electronic means co all persons, firms, or corporations
431 who r.ave filed a request in wr i t ing t hat th ey be listed for
432 so lic ita tio n on bid s fo r th e particular items that are se t
433 for t h in the request. If any person, firm, or corporation
434 whose name is listed fails to respon d t o any solicitation for
435 bids af t er the receipt of three s olicit at ions , th e l i st in g ma y
436 be cancelled.
437 (2) If a governing body ma nd ates that ad v ert:isement f or
438 bids shall be published in a newspaper, the contract for
439 purchase sha l l be a ward ed if the newspaper to which the
440 advertisement was submi tted did n ot publish the ad ve rtisement
4 41 if the governing body can prov i de proof th a t it in good fa ith
442 submitt e d the advertisement to th e newspaper with instr uc tio n s
443 to publi sh t he n otice in accorda n ce wi t h th is section .
444 (b) Except as provided in subsection (d), all b i ds shall
445 be sealed when recei ve d and shall be op ened in public at the
446 hour stated in t he notice.
4 47 (c) If ch e pur c hase o r contra c t wil l i n volve an amount
448 of :::.ft::en thsus..::,d de' L:r=s (S:'..5, 009) :::r l::s::: less than thirty
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SB108 Enrolled
44 9 thous a nd do l l ars ($3 0 ,000), the p u rch as es o r c o ntra c ts may b e
450 ma d e upon t h e basis of s e aled bids, a join t pu r cha si ng
451 agreement , a rev e rs e a u c t ion pr o cedure, o r i n the op en mark e t .
4 52 (d ) Be g i n n in g J a n u a r y 1, 2 009 , t he a war din g a ur:.h or it y
453 ma y make purc h ases o r contra ct s i nv o l ving an amount of fi ft een
4 54 t:-:cu s:.nd dollars ($15,000) th i rty tho us and d o l lars ($30 ,0 00)
4 55 or mo r e thro u gh a r ev ers e au c ti on p r o ce dur e ; provided ,
456 hchc 'l-=, t ha:.. Ho wev e r , a re ve rs e auc t i on shall on ly b e
457 allow ed where the item t o be pu r c h ased at a reverse auction is
4 58 ei t her no t at t he t ime a va i lab le o n the st at e pu r ch a si ng
459 pro gr am un d er t h e same terms and co ndi t ions or, if a vailab l e ,
460 the low e st p rice off e r e d in t h e r ever s e au c t i on is equ a l to o r
4 6 1 l es s than t h e pr i ce f or which t h e item is ava il ab le on t he
462 st at e p u rc h asing p r ogr a m un de r t h e s a me ter ms an d con di ti ons .
463 Al l of the purchases shall b e s u b j ect to aud i t by t h e
464 Examiners o f Public Accounts. F or pur p oses of t his art icl e , a
465 re v erse auc t ion pro ce du re i n c l ude s either of t he fo llo wi ng:
4 66 (1) A rea l -time biddi n g pr oc ess usuall y la s t ing le s s
4 67 t h an on e hour and taking pla ce a t a previously sch e dul ed time
4 6 8 and I n terne t l ocat i on , in wh ic h mu l ti p l e anonymous supplier s
4 69 s u bmi t b id s t o p r o v i de t h e d e sig nat e d goo d s or s er v ic e s .
4 7 0 (2 ) a. A b i dding proce s s usuall y l a sti n g les s than tw o
47 1 weeks and ta k in g place d u r i ng a p r evi o usl y sch e d u led period
472 an d ac a pr ev iou s ly sc h edu l e d In t er n e t lo c a ti o n, i n wh ic h
47 3 mul t i p l e an o nymou s s u ppliers s ubm i t b i ds to p ro vid e t he
474 designa c ed g oods or serv i ces .
47 5 b. No la t e r t h an No vem b er 30 , 2 0 0 8, t he Depa r t me n t of
47 6 Exami ners of Pu bli c Ac cou n t s s h a l l e s La b l i sh proc e du r es for
Pa g e 17
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SB108 Enrolled
477 the use of rev erse auc t ion , whic h shall be distri b u te d to ali
4 73 contracting agen cies and shall be used i n conduc ting any
4 79 audits of t h e purc ha sing ag ency .
43 0 (e) All ori g i nal bids together with all documen ts
481 pertaining to t he aw ard of th e contract shall be ret a in ed in
482 a cco rd an c e with a reten t ion p eriod c f at least seven yea rs
433 established by the Local Governmen t Records Commission and
484 shall be open to public inspecti on .
485 (fl No purchase or con tr ac t involving professional
486 Services shall be subject to the re q u ire men t s of this article
487 and no pur::ha.s::. er ecr.tr=ast 'n-10 1 ving aA am o unt in ::;;::es:: c:
488
489
490
491
492
493
:: i f t e ::. :1 t h s u s a n d d o 11 a r s ( $ ::. 5 , 0 0 0 ) s h a 11 b e d i -.-i d ::. d .: n t o p a r t s
in·nlving amounts of L.fte c n thousand dollars ($15 1 GOO) or
less for the purpose of avoiding the requir::m::.r.ts c:: this
articl:. All sueh partial contract: involv.:ng fif:::::n thousand
dollars ($15, '.:·00) er L::ss shall b:: void.
(g) Th is seccion shal l be ap pl i cable to educacion
494 purchases made purs uant to Ch apter 13B of Title 16."
495 "§41-16-55
4 96 ~Any agreement or col lu s ion a mon g b idde rs or
4 97 prospective b id ders i n restraint of freedom of compet i t ion , by
498 agr eemen t , to bid at a fi xed price or to refrain fr om bidding
499 or otherwise shall render th e bids of sueh the bidde rs voi d
500 and shall cause su::h the bidders to be dis qualifi ed from
501 submitting furth er b i ds t o th e awarding autho r i t y en future
502 purchases .
503 (bl Whoever knowingl y participa t:.es in a collusive
504 a greement in vio l aLion of t his section involving a bid or bids
Page 1 8
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SB108 Enrolled
505 of f:..::t:::cn ~ho:..:sand dollars Hl5 ,008) lE:ss than thirty
506 thousand dollars ($30,000) and under shall be guilcy of a
507 Class A misde meanor and, upon conviction, shall be punished as
508 prescribed by law.
509 l.£.l_Whoever kn o wing l y and intentiona ly participates in
510 a collusive agreement in violation of this section involving a
511 bid or bids of over fi.:tccn thousand doll::::rs ($15 ,000) thirty
512 thousand dollars (S30,000} or mor e shall be guilty of a Class
513 C felony, and upon conviction shall be pun i shed as prescribed
514
515
by law." /
Section 2. Although this bill would have as i t s purpose
516 or effect the requirement o: a new or increased expenditure of
517 local fund s, the bill is exc l uded from further requirements
518 and application under Section 111.05 of the Constitution of
519 Alabama of 2022, because the bil_ defines a new crime o r
520 amends the definition of an existing crime.
52 1 Section 3. This act shall becom e effective on the first
522 day of the third mont h following its passage and approval by
523 the Governor, or its otherwisE becoming law.
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SB108 Enrolled
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525
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527
528
529
530
531
532
533
534
P r es i den~G ·o "ffi c er o f t h e Senate
S peaker o f Le House of Repre se ncat i v e s
535 S810 8
53 6 Senate 06-Apr -23
537 I hereby certif y tha t the wi thin Ac t originated in and passed
538 the Senate .
539
540
541
542
54 3
544
54 5
546 Ho u se of Repre s entat iv es
547 Pa ssed : 27 -Apr-23
548
54 9
5 5 0
551
55 2 By : Senator Coleman -M adiso n
Patrick Harris,
Sec r etary .
GOVERNOR
Pag e 2 0
Alabama Secretary Of State
Act Num .. ,.: 2023-135
Bi 11 Num ... : S-108
Recv'd 05/10/23 09:24amSLF
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27
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30
31
32
33
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35
SENATE ACTION HOUSE ACTION
~
D_A_T_E:_-=3=----~___c., ______ 2_0-;i_2>--ll I DATE: ,g. le 2DZZ, I
RD 1 RFD S~)r-. _ =R=D==1 =R=FD=========·=:5=· e:=·q===========~-
•
I hereby certify that the notice & proof is attached to
the Bill, SB · as required in the General
Acts of Alabama, 1975 Act No. 919.
PATRICK HARRIS,
Secretary
This Bill was referred to the Standing Committee
of the Senate on .S G A t
and was acted upon by such Committee in
session and i s by order of the Committee
returned therefrom with a favorable report
w/amd(s) ___ w/sub ' w/-eng sub __ _
yeas / D nays O abstain 0
this 5 _ da~of ~l f ' 2~
· T&:m z,,,~ , Ch,alrperson
I hereby certify that the Resolution as required in
Section C of Act No. 81-889 was adopted and is
attached to the Bill , SB l'<::ft .
yeas ";\ nays O abstain :0
PATRICK HARRIS,
Secretary
DATE: RD 3 at length
PASSED SED AS AMENDED 0
yeas 3\ nays O abstain __ _
And was ordered sent forthwith to the House .
REPORT OF STANDING COMMITTEE
This bill having been referred by the House to its
standing committee on
was acted upon by such Committee in session,
and returned therefrom to the House with the
recommendation that it b~
w/amd(s) --~ w/sub __ _
this J .. ''.L day~ .20~3
_,__C..c..~.,,,__~ _ ___;;:....,~.__ __ '--__ _,,Chalrperson
DATE : 20_
RE-REFERRED 0 RE-COMMITTED □
COMMITTEE ___________ _
I hereby certify that the Resolution as required in
Section C of Act No. 81-8~ was adopted and is
attached JQ ~he Bill, SB ( 0 ~ . ~
YEAS lV z____ NAYS LJ -_...;:::_ ____ _
1 KJ7EUA-3
••
HB168 ENROLLED
2 By Representatives Underwood, Pettus, Rigsby, Lomax, Woods
3 RFD: State Government
4 First Read: 21-Mar-23
5 2023 Regular Session
Page 0
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HB168 Enro l led "
' --
";' . -.. ,. ,, ~
~:+'
1 Enrolled, An Act,
2
3
4
5 Relating to public works contracts; to amend Sections
6 39-1-1, 39-2-1, 39-2-2, and 39-2-6, Code of Alabama 1975, to
7 increase the threshold dollar amount for which competit i ve
8 bidding is general l y req ui red; t o fur ther p r ovide fo r certai n
9 n otice procedu r es; to aut h orize the publication o f notice by
10 electroni c me a ns; to au th orize the u se of e lect r onic sealed
11 b i ds; and in connection therew i th wou ld have as its p u rpose or
12 effect the requirement of a new or increased expenditure of
13 local funds within the meaning of Sec t ion ill.OS of the
14 Constitution of Alabam a of 2022.
15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
16 Section 1. Secti o ns 39-1-1, 39-2-1, 39-2-2, and 3 9-2-6,
17 Code of Alabama 1975, are amended to read as f o l lows :
18 "§39-1-1
19 (a) An y pe r son en t e ri ng i nto a co n t r act wi t h a n
20 awarding au t hority in this s t ate f o r t he prosecution of any
21 p u blic works sha l l, before commenc i ng the work, shal l exec u te
22 a perfor mance bond , with penalty equa l t o 100 percent of the
23 amount of the contract pr i ce . In add i t i on, another bond,
2 4 paya b le to the award i ng authority l etting the contrac t , shall
25 be executed in an amount not less t ha n 50 p ercent o f t he
26 co n tract price, wit h t he obligat ion t ha t t h e c o n t ract or or
27 co n trac tor s s h al l promptly ma k e pa ym en t s t o all pers o ns
28 s u pp lyin g la b or , mat er i a l s, o r s u pp l ies for or i n t he
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HB 1 68 En ro l led
29 prosecution of the work provided in the contract and for the
30 payme nt of reasonable attorneys 'attorney fees incurred by
31 succ e ssful claimants or plaintiffs in civii actions on t h e
32
33
bond.
(b) Any person that has furnished labor, materials, or
34 supplies for or in the prosecution o f a public work and
35 payment has not been made may institute a civil action upon
36 the payment bond and have their rights and claims adjudicat e d
37 in a civi l action and judgment entered th e reon.
38 Notwithstanding the foregoing , a civ i l action shall not be
39 instituted on the bond until 45 days after written notice to
40 the surety of the amount claimed to be due and the nat u re of
41 the claim . The civil action shall be commenced not l ater than
42 one year from the date of final settlement of the contract.
43 The giving of notice by registered or certified mail, postage
44 prepaid, addressed to the surety at any of its places of
45 business or offices shall be deemed sufficient under this
46 section. In the event the surety or contractor fails to pay
47 the claim in full within 45 days from the mailing of the
48 notice, then the person or persons may recover from the
49 contractor and surety , in addition to the amount o f the clai m,
50 a reasonable attorney 's attorney fee based on the result ,
51 together with interest on t he claim from the date of the
52 notice.
53 (c) Every person having a right of action on the last
54 described bond as provided in this section shall, upon written
55 application to the authority under the direction of whom the
56 work has been prosecuted, indicating t hat labor, material,
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HB168 Enrolled
57 foodstuffs, or supplies for the work have been supplied and
58 that payment has not been made, shall be promptly furnished a
59 certified copy of the additional bond and contract. The
60 claimant may bring a civil action in th e claimant's name on
61 th e bond agains t the contfa ctor and the surety, or either of
62 them , in the county in which the work is to be or has been
63 perf ormed or in any o the r county where venue is otherwise
64 allowed by law.
65 (d) In the event a civil acti on is instituted on the
66 payment bond, at-any ti me more than 15 days before the trial
67 begins , any party may serve upon the a dver se party an offer to
68 accept j udg ment in fav or of the offerer or to allow j udg ment
69 to be entered in favor of the offeree f or the mone y or as
70 otherwise specified i n the offer. If within 10 days after the
71 service of the offer, the adverse party serves written notice
72 that the offer is accepted, either party may then file the
73 offer and notice of acceptance together wi th proof of service
74 and the c erk of th e co ur t shal l enter judgment. An offer not
75 accepted shall be deemed withd rawn and evidence of the offer
76 shall not be admissibl e. If the j udgment finally obtained by
77 the offeree is less f avorable than the offer, the offeree
78 shall pay the reasonable attorney'sattorney fees and cos ts
79 incurred by the offer er after the making of the offer. An
80 offer that i s made but not accepted does not preclude a
81 subsequent o f fer . When the liability of one party to ano ther
82 party has been determined by verdic t , order, or judgment, but
83 the amount or extent of the liability remains to be determined
84 by further proceedings , any party may make an offer of
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HB168 Enrolled
85 judgment , which shall have the same effect as an offer made
86 before trial if the .offer is made no less than 10 days prior
87 to the commencement of hearings to determine the amount or
88 extent of liability.
89 (e) This section shall not require the t.aking of a bond
90 to secure contracts in an amount less than f ~fty thousand
91 dollars ($50,000) one hundred t.housand dollars ($100,000).
92 (f) (1) The contractor shall, immediately after the
93 completion of the contract, shall give notice of the
94 completion by an advertisement in a newspaper of general
95 circulation published ,vi thin the city or county in which the
96 Hork has been done, for a period of four successive
97 ~,eeks.p ublishing the notice fer a minimum of three weeks using
98 one or more of the following methods:
99 a. In a newspaper of general circulation in the county
100 or counties in which the work, or some portion thereof, has
101 been done.
102 b. On a website that is maintained by a newspaper of
103 general circulation in the county or counties in which the
104 ·work, or some portion thereof, has been done.
105 c. On a website utilized by the awarding authority for
106 publishing notices.
107 (2) If n·o newspaper is published in the county in which
108 the work was done, and if the awarding authority does not
109 utilize a website for the purpose of publishing notices, the
110 notice may be given by posting at the courthouse for 30 days,·
111 and proof of the posting of the notice shall be given by the
112 awarding authority and the contractor.
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HB168 Enrolled
113 (3} A final settlement shall not be made upon the
114 contract until the expiration of 30 days after the completion
115 of the notice. Proof of publication of the notice shall be
1 16 made by the concractor to the aut h ority by whom the co n tract
117 was made by affidavit of the publisher or websi t e owner and a
118 printed copy of the notice published. If no newspaper is
119 pl:lbli shed in the county in \,•hich the ·.;erlt is done, the notice
120 may be given by posting at the courthouse for 30 days, and
121 proof of same shall be ffiade by the judge of probate, sheriff,
122 and the contractor.
1 23 (4) For contracts for road resurfacing materials that
124 are awarded on an annual basis, where the bid specifications
125 inclu de options such as a unit orice for materials, a unit
126 price for the del ivery o f materials, or a unit price for
1 27 materials to be laid in place by the bidder, notice of
1 28 completion pursuant to th ~s subsection may be given on an
129 annual basis upon completion of the project as a whole, rather
130 than at the completion of each proceed order.
131 (g) Subsection (f) shal l no t apply to contractors
132 performing contracts of less than fifty thousand dol~ars
133
134
135
136
137
138
139
140
(~50,000)one hundred t housand dollars ($100,000) in amount.-1-n-
sueh eases, the governing body of the contracting agency, to
expedite final payffient, shal' cause notice of final coffipletion
of the contraet to be published one time in a neHspaper of
general circulation, published in the county of the
contracting agency and shall post notice of final eoffipletion
on the agency's bulletin board for one •:eek, and shall require
the coneractor to certify under oath that all bills have been
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HB168 Enrolled
141 paid in :ull . F'nal s e ttlcw.en t H.:.':h the contr a ctor ffiay be fRade
i42 at any time after the n otice has been posted :or o n e ent i r e
143 r,;e e k ."
"§39-2-1 144
145 As used in this title, the following words shall have
146 th e meanings ascribed to them as follows:
147 (1) AWARDING AUTHORITY. Any governmental board ,
148 commission, agency, body, authority, instrumentality,
149 depa r tment, or subdivision of the state , its counties and
150 municipalities . This term includes, but shall not be limited
151 to, the Department of Transportation, the State Bui l d.:.ng
152 Coffimission th e Division of Real Property Manag e ment of the
153 Dep a rtment of Finance, the State Board of Education, and any
154 ether entity contracting for public works. This term shall
155 exclude the State Docks Department and any entity exempted
156 from the competitive bid laws of the state by statute.
157 (2) FORCE ACCOUNT WORK. Work paid for by reimbursing
1 58 for the actu a l costs for labor , materials , and equipment usage
159 incurred in the performance of the work, as directed ,
160 inc l uding a percentage for overhead and profit, where
161 appropriate.
162 (3) LIFE CYCLE COSTS. The total cost of ownership over
163 the extended life of a public works project, taking into
164 con s ideration the costs of construction, operation , and
165 maintenance, less any value obta i ned from salvage and
166 quantifiable environmental benefits, or the sum of all
167 recurr i ng and one-time (non-recurring) cos t s over the full
168 life span or a specified period of a good, service, structure,
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HB168 En r oll ed
169 or system, incl u d in g purcha s e pr i ce, i nstallat i o n costs ,
170 operat i ng costs, maintenance and u pgrade costs, and r emaining
171 (residual or salvage) value at the end of ownership or its
172 u sef u l life.
1 73 (4) PERSON . Natural persons, p a r t ne r s h ips, limite d
1 74 liability companie s , corporations, a nd other legal e nt it i es.
175 (5 ) PU BL I C PROPERTY. Real prope r ty which the st a te,
1 76 county, municipality, or awarding a u thority thereof owns or
1 7 7 has a con t ractual r i ght to own or pur c hase, in cludin g
1 7 8 easeme n ts, rights-o f-wa y , o r otherwi s e.
1 7 9 (6) PUBLIC WORKS. Th e cons t r u ctio n , i nstallation,
180 repair, renovation, or main t enance of public building s,
181 structures, sewers, waterworks, roads, curbs , gutters, side
1 82 walls , b ridges, docks, un der passes, and vi a d ucts as well as
183 any othe r i mp r ovemen t to be constru c t e d, i n st alled, r epa i red,
184 renovated, or maintained on public prope r ty and to be paid, in
185 whole or in part, with public funds o r with f i nancing to be
186 retire d with publ i c f u nds in the form of lease payments or
1 87 otherwise."
1 88 "§39-2-2
189 (a) (1 ) Before entering into any contrac t for a public
190 works involving an amount in excess o f fifty t~ousand dollars
1 91 (~§0,000) one h u n d r ed th o us a nd dolla r s ($i00 ,000), t he
19 2 aw arding a uthorit y shall a dver t ise for sealed bids, ex ce pt a s
193 provided in subsec t ion (j ).
1 9 4 (2) ·a. I f the awa r d i ng autho rity is t he state.!... ~a
1 9 5 co u nty, o r a n ins tru mental i ty thereo f , it s h a ll adve rti s e fo r
1 96 seal ed bi d s a t lea st o n ce eac h we ek fo r t hree con se c u tiv e
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HB168 Enrolled
197 weeks in a newspaper of general circulation in the councy or
198 counties in which the improvement, or some part thereof, is to
199 be made.
200 b. If the awarding authority is a municipality, or an
201 instrumentality thereof, it shall advertise for sealed bids at
202 least once in a newspaper of general circulation pub l ished in
203 the municipality where the award i ng authority is located . If
204 no newspaper is published in the mu nicipality, the awarding
205 authority shall ad ve rtise by post ing notic e thereof on a
206 bulletin board maintained outside the purchas i ng office and in
207 any other manner and for the length of time a s may be
208 determined. In addi tio n to bullet in board notice, sealed bids
209 shall also be solicited by sending notice by mai l to all
210 persons who have filed a request in writing with the official
211 designated by the awarding authority that they be listed for
212 solicitation on bids for the public works contracts indicated
213 in the request. If any person whose name i s lis ted fails to
214 respond to any solicitation for bids after the receipt of
215 three such solicitations, the listing may be canceled.
216 (3) With the exception of the Department of
217 Transportation, for all pub 1 ie \1orks contracts involving an
218 estimated amount in excess of five hundred thousand dollars
219 ($500,000), 3\tarding authorities shall also advertise for
220 sealed bids at least once in three ne\1spapers of general
221 eireulation throughout the state.
222 -f4+(3) The advertisements shall briefly describe the
223 improvement, state th a t plans and specifications for the
224 imp rove ment are on file for examinat ion in a designated office
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HB 1 68 Enrol l ed
225 of the awarding a~thority, state the proced u re for obtaini n g
226 plans and specifica t ions , state the time and place in wh i ch
227 bids shall be received and opened , and identify whether
228 prequal ification is requ i red and where all written
229 pre qu alification infor mation is available for review.
230 +.§+(4) All bids shall be opened publicly at the
231 advertised time and p l ace.
232 +e+ill_ No public work, as defined in this chapter ,
233 invo l ving a sum in exc e ss of fift y thousaAd dollars ($50,0 00)
234 one hundred thousand dollars ($100,000) shall be split into
235 parts involv i ng sums of fifty thousand dollars ($50,000)~
236 hundred thousand dollars ($100 ,000) or less f or the purpose of
237 evading the requirements of this section.
238 (b) ( 1) An awarding authority may let contracts for
239 public works involving fifty thousand dollar:s ($50 1 000) one
240 hundred t h ousand dollars ($100,000) or less with or wi thout
241 advertising or sea l ed bids.
242 (2) An award i ng autho ri ty may enter into a contract for
243 public works if an advertisement for sealed bids for the
244 contract was s ub mitted by the awarding a u thority to a
245 newspaper and the newspape r only published the advert i sement
246 for t wo weeks if the authority can provide proof that it, in
247 good faith, submitted the advertisement to the newspaper with
248 instructions to publish the notice in accordance with the
249 provisions of this section.
250 (c) All contracts for public wo~ks entered i nto in
251 violatio n of this ti tl e shall be vo i d and violative of publ i c
2 5 2 policy. Anyone who wi llfu l ly violates this a r t i cle concerning
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HB 1 68 En r o l led
253 public works shall be guilty of a Class C felony.
254 (d) (1) Excluded from the operation of this title shall
255 be contracts with persons who shall perform only
256 architectural, engineering, construction management, \ program
257 management , or project management services in support of the
258 public works and who shall not engage in actual cons truc tion,
259 repair, renovation , or maintenance of the public works with
260 their own forces, by contract, subcontract, purchase order,
261 lease, or otherwise.
262 (2) Excluded from operation of the bidding requirements
263 in this title are contracts for the purchase of any heating or
264 air conditioning units or systems by any awarding authority
265 subject to Chapter 13B of Title 16, or Article 3, commencing
266 with Section 41-16-50, of Chapter 16 of Title 41, or Article
267 5, commencing with Section 41-4-110, of Chapter 4 of Title 41,
268 provided the contract is entered into with an Alabama vendor
269 who has been granted approved vendor status for the sale of
270 heating or air conditioning units or systems as a part of a
271 purchasing cooperative, and each of the following occur:
272 a. The heating or air conditioning unit or system being
273 purchased is availab l e as a result of a competitive bid
274 process conducted by a governmental entity which has been
275 approved by the Department of Examiners of Public Accounts.
276 b. The purchase of the heating or air conditioning unit
277 or system is not available on the state purchasing program at
278 the time or the purchase under the purchasing cooperative is
279 available at a price that i s equal to or les s than that
280 availab l e through t h e state purchasing p~cgram.
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HB168 Enrolled
281 c. The entity entering into the contract for the
282 purchase of the heating or air conditioning unit or system has
283 been notified by the Department of Examiners of Public
284 Accounts that the competitive bid process utilized by the
285 cooperative program offering the goods complies with this
286 subdivision.
287 d. Upon request, the vendor has provided the purchasing
288 entity with a report of sales made under th i s subdivision
289 during the previous 12-month period, to include a general
290 description of the heating or air conditioning units and
291 systems sold, the number of units sold per entity, and the
292 purchase price of the units.
293 e. The exemption from the requirement to utilize sealed
294 bids for the purchase of heating or air conditioning units or
295 systems authorized by this section shal l not serve to exempt
296 any public works project from the remaining provisions of th i s
297 article, including, but not li mited to, design, installation,
298 and review requirements, compliance with all appl icable codes,
299 laws, specifications, and standards, and the compensation of
300 engineers, architects, or others as mandated by state law or
301 rule.
302 (el_QJ__ In ease of an Cffiergeney affee~ing public health,
303 safety, or eonvenienee, as declared in writing by the awarding
304 authority, setting forth the nature of the danger to the
305 publie health, safety, or convenience whieh would result from
306 delay, contracts may be let to the e1Etent necessary to meet
307 the emergency without pub lic advertisement. The action and the
308 reasons for the aetion ta ken shall iffimediately be made public
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HB168 Enrolled
309 by the a,,arding authority upon request . In case of an
310 e mergency for which a dela y in remedying would cause immediate
311 harm to a person or public property, contracts may be let to
312 the extent necessary to meet che emergency without public
313 advertise ment or bidding.
314 (2)· In case of an emergency affecting public health ,
315 safety, or convenience, as dec l ared in writing by the awarding
316 authority, setting forth the nature of the danger to ~he
317 public health , safety, or conve n ience which would result from
318 delay, contracts may be let to the extent nece ssary to meet
319 the emergency without public adve~tisement.
320 (3) Any action taken under subdivision (1) or (2), and
321 the reasons for the action taken, shall immediately be made
322 public by the awarding authority and published in writing.
323 (fl No awarding authority may specify in the plans and
324 specifications for the improvement the use of materials,
325 products, systems, or services by a sol e source un l ess all of
326 the fol low ing requirements are met:
327 (1) Except for contracts involving the construction,
328 reconstruction , renovation, or replacement of public roads,
329 bridges, and water and sewer facilities, the award ing
330 authdrity can document to th e satisfaction of the Division of
331 Construction Hanagefficnt Division of Real Property Management
332 of the Department of Finance, or in the case of an educational
333 insticution or state educational insticution as provided
334 pursuant to Sections 41-4-353 and 41-4-400, to the
335 satisfaction of its govern ing board, that the sole source
336 product, material, system, or service is of an indispensable
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HB168 Enrolled
337 nature for the improvement, that there are no other viable
338 alternatives, and that only this part i cular product, material,
339 system, or service fulfills the function for which it is
340 needed.
341 (2) The sole source specificat i on has been recommended
342 by the architect or engineer of record as an indispensable
343 item for which there is no other viable alternative.
344 (3) All information substantiating the use of a sole
345 source specification, including the recommendation of the
346 architect or engineer of record, shall be documented and made
347 available for examination in the office of the awarding
348 authority at the time of advertisement for sealed bids.
349 (g) In the event of a proposed public works project,
350 acknowledged in writing by the Alabama Ho meland Security
351 Department as: (1) having a direct impact on the security or
352 safety of persons or faciliLies; and (2) requiring
353 confidential handling for the protect io n of such persons or
354 facilities, contracts may be let without public advertisement
355 but with the taking of informal bids otherwise consistent with
356 the requirements of this title and the requirements of
357 maintaining confidentiality. Records of bidd i ng and award
358 shall not be disclosed to the public and shall remain
359 confident ia l.
360 (h) If a pre-bid meeting i s he l d, the pre-bid meeting
361 shall be held at least seven days pr ior to the b id opening
362 except when the project has been declared an emergency in
363 accordance with subsection (e).
364 (i) The awarding authority may not offer a contract for
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HB168 Enrolled
365 bidding unless confirmation of a ny applicable grant has been
366 received and any required matching funds have been secured by
367 or are available to the awarding authority.
368 (j) Notwithstanding subsection (a), the Department of
369 Transportation may enter into contracts for road construction
370 or road maintenance projects that do not involve more than two
371 hu ndred fifty thousand do llars ($25 0,000) wi thout advertising
372 for sealed bids, provided the project is l is ted on the
373 department website for at l east seven calendar days before
374 entering into the contract. The total cost of a l l projects not
375 subject to advertising and sealed bids pursuant to this
376 subsection may not exceed one mil lion dollars ($1,000,000) in
377 the aggregate per year.
378 {k) for the purposes of this chapter, sealed bids may
379 also be solicited and subm itted through electronic means
380 including, but not limited to, electrical, d i gital, magnetic,
381 optical, electromagnetic, or any other similar technology,
382 provided that the awarding au t hority adopts rules and policies
383 to ensure that all electronic submissions are transmitted
384 securely and bids remained sealed until bid opening.
385 ( l) ( 1) Notwithstanding any o ther prov is ion of law, any
386 entity subject to this chapt er that is an awarding authority
387 of a contract for pub l ic works, by resolution or board action,
388 may purchase materials or equipment pursuant to subdivisions
389 (14), (16), 17), (18), or (19) of Section 41-16 -Sl{a), even
390 when those materials or equipment a re otherwise part of the
391 contract for public works subject to the requirements of this
392 tit le.
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HB168 En rolled
393 (2) Except for those materia l s or equi pment described
394 i n subdivision (1), the r e ma i ning p orti on of the publ ic wor k s
395 project shall be subject to the requirements of this tit le ,
396 even if the remaining portion would involve an amount l ess
397 Lhan one hu n dred thous a nd dollars ($100,000 ) as a result of
398 t h e exclusion of the purchas e of the materials or equipment as
3 99 des er ibe d in subdivisi o n { 1 ) . "
400 "§39-2-6
4 0 1 {a) Th e contract shall be awarded to the lowest
402 responsibl e and responsive bidder, unless the awarding
403 authority finds that a ll th e bids are unreasonable or that it
404 i s not -87in the interest of the awarding authority to accept
405 any of the bids. A respons i ble bidder is one who, among o t h er
406 qualities determined necessary for performance, is compete nt,
407 experie n ced, and financially able to perform the contr ac t. A
408 responsive bidder is one who submi t s a bid t hat complies with
409 the terms and conditions of t h e invi ta tion for b i ds. Mino r
410 irregu l arities in the bid shall not defeat respons iveness. The
4 11 bidder to whom th e award i s made sha l l be no tified by
412 tele g ram, confirmed fa c simil e , el e ctronic mail , or le t ter at
413 the earliest possib l e date. If t he successful b i dder fai ls or
414 refuses to sign the contract, to make bond as provided in th is
415 chapter~ or to prov i de evidence of insurance as requ ire d by
416 the bid documents, the awarding authority may award the
417 contract to the second lowest responsible and responsive
418 bidder. If the second lowest bidder fails or refuses to sign
419 the contract, make bond as provided i n th i s chapter, or to
420 provide evidence of insurance as required by the bid
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HB 1 68 En rol l ed: (j -
.
421 documents, the awarding authority ma y award che contract to
422 the third _owest responsible and r espo n sive bidder.
423 (b) If no bids or only one bid is received at the time
424 stated in Lhe advertiseme n t for bids, the awa~ding authority
425 may advertise for and seek other competitive bids , or the
426 awarding authority may direct that the work shal l be done by
427 force account under its direction and control or, with the
428 exception of the Department o f Transportatio n , the awarding
429 authority may negotiate for the work ~hrough the receipt of
430 informal bids not subject to the requirements of t his section.
431 Where only one responsible and responsive bid has been
432 received, any negotiation for the work shall be for a price
433 low e r than that bid.
434 (c) When With the exception of the Department of
435 Transportation, when two or more bids are received, and all
436 bids exceed available funding for the contract, a local bo ard
437 of edu cation or a public t,10 year or four year insti:uti o n of
438 hig he r education the awarding authority may negotiate for the
439 work with the lowest responsible and responsive bidder~
440 provided that the local board of education ~r publie two year
441 or f our year institution of higher education awarding
442 author i ty can document the shortage of fu n d i ng, that time is
443 of the essence, and tha~ the negot i a t ed changes are in the
444 public interest and do · not mate r ia l ly alter the scope and
445 nature of the project.
446 (d) If the awarding authority finds that all bids
447 received are unreasonable or that i t i s no t to the in t erest of
448 the award i ng au t hori ty t o ac c ept any o f the b i ds, th e a warding
Pa ge 1 6
HB168 Enrolled
449 authority may direct that the work shall be done by force
450 account under its direction and control.
451 (e) On any construction project on which the awarding
452 authority has prepared p lans and specifications, has received
453 bids, and has determined to do by force account .or by
454 negotiation, the awa r ding authority shall make available the
455 plans and specifications, an itemized estimate of cost, and
456 any informal bids for review by the Dep a rtment of Exa min ers of
457 Public Accounts and, upon completion of the project by an
458 awarding a ut hority, the final total costs together with an
459 itemized list of cos t of any and all ch anges made in the
460 original plans and specifications shall also be made available
461 for review by the Department of Examiners of Pub lic Accounts.
462 Furthermore, the apove described information shall be made
463 public by the awarding authority upon request. Upon the
464 approval of the awarding authority, it s duly authorized
465 officer or officers, when proceeding up on the basis of force
466 account, may let any subdivision or unit of work by contract
467 on informal bids.
468 (f) No provision of this sect ion shall be interpreted
469 as precluding the use o f convict labor by the awarding
470 authority. This section shall not apply to routine maintenance
471 and repair jobs done by maintenance personnel who are regular
472 employees of the awarding author~ty, nor shall it apply to
473 road or bridge construction work performed by an awarding
474 authority's regular employees and own equipment.
475 (g) No contract awarded to the l owest responsible ar.d
476 responsive bidder shall be assi gnable by the successful bidder
Page 17
HB 1 68 Enrolled
477 without written consent of the awarding authority , and in no
478 event shall a contract be assigned to an unsuccessfu l bidd e r
479 whose bid was rejected because he or she was not a responsible
480 or responsive bidder.
481 (h) Any agreement or col l usion among bidders or
482 pro s pective bidders in restraint of freedom of competition to
483 bid at a fixe d p rice o r to refrain from bi d ding or ot h er wise
484 shall render the bid s void and shall cause the bidders or
485 prospective bidders to be disqualified from submitting further
486 bids to the awarding authority on future lettings. Any bidder
487 or prospective bidder who willfully participates in any
488 agreement or collusion in restraint of freedom of competition
489 shal l be guilty of a felony and, on conviction thereof, shal l
490 be fined not less than five thousand dollars ($5,000 ) nor more
491 than fifty thousand dollars ($50 ,000) or , at the discretion of
492 the jury, shall be im p risoned in the penitentiary for not less
493 than one nor more than three years .
494 (i) Any disclos u r e in advance of the terms of a bi d
495 submitted in re s ponse to an advertisement for bids shall
496 render the proceedings void and require advertisement and
497 award anew.
498 (j) T he lowest responsible and responsive bidder on a
499 public works project may be determined to be the bidder
I
500 offering the lowest life cycle costs. The l owest responsible
501 and responsive bidder shall otherwise meet a_l of the
502 conditions and specifications contained in the invitation to
503 b i d, except that a bidder may stil l be considered responsive
504 if he or she responds with a bid using different construction
Page 18
HB 1 68 Enrol led
505 materials than those specified in the invitation to bid if the
506 materials' use would result in lower life cycle costs for the
507 public works project. Tc utilize this provision to determine
508 the lowest responsible and responsive bidder, the awarding
509 authority must include a notice in the invitation to bid that
510 the lowest responsible and responsive bidder may be determined
511 by using life cycle co s ts , and must also include in the
512 invitation to bid the cr i teria under which it shall evaluate
513 the life cycle costs."
514 Section 2. Although this bi~l would have as its purpose
515 or effect the requirement of a new or increased expenditure of
516 local funds , the bill i s excluded from furt h er requirements
517 and application under Section 111.05 of the Constitution of
518 Alabama of 2022, because the bill defines a new crime or
519 amends the definition of an existing crime.
520 Section 3. This act shall become effective on the first
521 day of the third month following its passage and approval by
522 the Governor, or its otherwise be~oming law.
Page 19
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537
HB168 Enrolled
Speaker of the House of Repre s entatives
Pr eside nt and c er of the Sena te
538 House of Representatives
53 9
540 I hereby certify that the within Act or i ginated in and
541 was passed by t he House 13-May-23, as amended .
542
543 Jo hn Treadwel l
544 Cl erk
545
546
547
548
549
550
551
552 Senate 01-Jun-23 Passed -----------------
APPROVED
TI ME
? -le./_ --2a_23
q_-3.,o~,<_.-
~ /2~ G ERNOR ~ Alabama S ecre tar y Of St ate
Ac t Nu~ .... : 2023-497
Bil l Num ..• : H-168
Recv 1 d 0L/15/23 09 :46am SL F
Page 20
>ONSOR
f.rxiex-wood
0 -SPONSORS
A-LL S
Jsbl-(
>rr-i0-1
)OO'S
HOUSE ACTION
I HEREBY CERTIFY THAT . THE
RESOLUTION AS REQUIRED IN
SECTION C · OF ACT NO. 81-889
WAS ADOPTED AND IS ATTACHED
TO THE BILL, H. B.~\~",.u.~""-----
YEAS _q__.,q_._·_ NAYS ~0...,_ __
JOHN TREADWELL , Clerk
I HEREBY CERTIFY THAT THE
NOTICE & PROOF IS ATTACHED
TO THE BILL , H.B . _____ _
AS REQUIRED IN THE GENERAL
ACTS OF ALABAMA , 1975 ACT NO .
919.
l
f
JOHN TREADWELL, Clerk
CONFERENCE COMMITTEE
House Conferees _________ ,
SENATE ACTION -:-/ r-c., .J.....J
~R_D_1 _R_F_D _ ___.__,_R,_C;:=D"'---------_.l
This Bill was referred to the Standing Committee
of the Senate on
and was acted upon by such Committee in
session and is by order of the Committee
returned the~efrom with ,a favorable report
w/amend(s) -w/sub -by a vote of
yeas / I nays 0 abstain--'-<b __
~ day of µa.".) 20 :2.3 ~ %}.;r , Chair
DATE :
RE-REFERRED 0
Committee
20
RE-COMMITTED 0
-----------
I hereby certify that the Resolution as
required in Section C of Act No . 81 -889
was adopted and is attached to the B ill ,
HB -----
YEAS ____ NAYS ____ _
PATRICK HARRIS,
Secretary
F URTHER SF.NAT F. AC.TTON (OV ER)