HB203 Alabama 2010 Session

Summary

Primary Sponsor

Mike Hill

Republican

Co-Sponsors

Mac McCutcheonMike BallRandy WoodMary Sue McClurkin

Session

Regular Session 2010

Title

Competitive bids, exemption granted to Legislature, certain colleges and universities, and Postsecondary Education Department for professional services, removed, Sec. 41-16-72 am'd.

Summary

HB203 would change how Alabama buys professional services by applying a state procurement process to most agencies, while preserving certain exemptions for the Legislature and some colleges and universities.

What This Bill Does

It amends Section 41-16-72 to require professional services for state agencies to be procured through a structured selection process. It creates listed pathways for selecting attorneys (via the Attorney General from a governor-approved list), physicians (from a list maintained by the Alabama Medical Licensure Commission), and other professionals (architects, engineers, etc.) using qualification-based and merit-based criteria, with fees negotiated and approved by designated officials. It also sets general procedures for notices, scoring, price considerations, emergency exceptions, and diversity requirements, while preserving certain carve-outs and the authority of others (like litigation control) as described in the bill.

Who It Affects

• The Legislature and certain colleges/universities governed by boards of trustees or the Department of Postsecondary Education: remain exempt from the new procurement process per the bill's carve-outs.
• Other state agencies and entities that purchase professional services: would follow the new competitive/qualification-based selection processes for professional services.
• Professional service providers (lawyers, physicians, architects, engineers, etc.): would be evaluated and chosen using the specified listing, criteria, and procurement procedures.
• State officials involved in procurement and oversight (Governor, Attorney General, Director of Finance, Alabama Building Commission): would have roles in listing, selecting, negotiating fees, and approving contracts under the new framework.

Key Provisions

• Section 41-16-72 amended to require most state agencies to procure professional services through a defined selection process, with specific carve-outs for certain entities.
• Attorneys: appointed by the Attorney General in consultation with the Governor from a listed pool; selection based on skill, experience, and cost; fees negotiated/approved by the Governor and Attorney General; maximum fees may be set by Governor via executive order.
• Physicians: selected by the purchasing entity from a list of qualified physicians maintained by the Alabama Medical Licensure Commission.
• Architects, engineers, land surveyors, geoscience, and other similar professionals: procured via competitive, qualification-based selection with criteria such as expertise, resources, past performance, availability, and project management.
• Director of Finance provisions: maintains lists of professional service providers; procurement requires price consideration; written justification required if selected fees exceed the lowest qualified proposal by more than 10%; selection records must document reasons.
• Contract scope: contracts for professional services limited to the professional services portion; goods related to the contract follow other procurement rules; emergency provisions allow outside the process during declared emergencies.
• Notable carve-outs and diversity provisions: requirements for notices and broad dissemination to professionals; non-discrimination in proposals; lists may seek racial and ethnic diversity; certain entities (Legislature, specific Port Authority, and some colleges/universities) remain exempt from the process.
• Effective date: the act becomes effective on the first day of the third month after passage and Governor’s approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Competitive Bids