SB115 Alabama 2010 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Co-Sponsor

Tom Butler

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

SB115 aims to apply a formal, competitive process for obtaining professional services to the Legislature and certain colleges and universities, with specific rules for how professionals are selected and paid.

What This Bill Does

The bill would amend Section 41-16-72 to require a state-wide, competition-based process for procuring professional services, including attorneys, physicians, architects, engineers, and other professionals. It sets criteria for selection (skill, experience, methodology, and cost), requires fee negotiation and approval by the Governor and Attorney General, and generally aims to ensure the state gets good value. It also requires broad notice to professionals, provides for emergency procurement in certain cases, and includes diversity-related publication requirements; some entities retain exemptions, and the Department of Education has specific carve-outs, with an effective date several months after passage.

Who It Affects

• Legislature: would be subject to the state's professional-services procurement rules, aligning how it hires professionals (e.g., attorneys, consultants) with other state entities.
• Colleges and universities governed by a board of trustees or the Department of Postsecondary Education: would be required to follow the same professional-services selection and procurement rules as other state agencies.

Key Provisions

• Amends Section 41-16-72 to require professional services to be procured through the state’s defined selection processes (competitive/qualification-based) for attorneys, physicians, architects, engineers, geoscience and other professionals.
• Attorneys: appointed by the Attorney General from a maintained listing; selection based on skill/experience; fees negotiated by Governor in consultation with the Attorney General; maximum fees may be set by Governor; preserves certain authority over litigation for governing boards and Attorney General as applicable.
• Physicians: selected from a listing maintained by the Alabama Medical Licensure Commission; all interested physicians may apply and be listed.
• Architects/engineers/related professionals: procured using qualification-based selection with factors such as specialized expertise, resources, past performance, project locale familiarity, and project-management capabilities.
• Other professional services: selection from a listing maintained by the Legal Advisor to the Governor; fees negotiated and subject to Governor/Director of Finance review when designated; price consideration is required.
• Emergency procurements: allowed if there is a declared public-health, safety, or economic-em welfare emergency, bypassing standard procedures for those services to alleviate the emergency.
• Exemptions and carve-outs: the Legislature, the Alabama State Port Authority, and colleges/universities governed by boards or the Department of Postsecondary Education are exempt from the article’s procurement process; the Department of Education remains largely exempt except for statewide computer-networking services above certain thresholds, with some conditions for local boards when intervened by the Department of Education.
• Procurement notices and diversity: notices of need must be widely disseminated to professionals; requests for proposals must be sent to all qualified providers regardless of race; lists must seek racial/ethnic diversity.
• Contract scope and purchases: contracts for professional services cover only the professional portion; goods related to the contract are procured separately under existing law.
• Effective date: the act takes effect on the first day of the third month after passage and Governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Competitive Bids