HB452 Alabama 2012 Session

Summary

Primary Sponsor

Jeremy OdenAlabama Public Service Commission

Republican

Co-Sponsors

Jay LoveSteve Clouse

Session

Regular Session 2012

Title

Contract Review Permanent Legislative Oversight Committee, emergency contracts treatment, Secs. 29-2-41.1, 41-16-72 am'd.; Act 2011-577, 2011 Reg. Sess. am'd.

Summary

The bill tightens oversight of emergency contracts and updates how the state buys professional services to limit durations, require concurrent review, and promote fair competition and diversity.

What This Bill Does

It sets a firm 60-day limit on emergency contracts and blocks a second identical emergency contract for the same services for at least one year. If an emergency contract is followed by a longer-term contract, the Contract Review Permanent Legislative Oversight Committee reviews the longer contract concurrently with the emergency period. It overhauls professional-services procurement to require listing of providers, selection based on skill and cost, Governor or designated official approval of fees, and explicit diversity requirements; it exempts certain agencies and circumstances but imposes notice and transparency when emergencies occur and when prices exceed certain thresholds.

Who It Affects

• State agencies and departments that issue emergency or professional-services contracts; they would face the 60-day emergency contract limit, prohibition on immediately renewing the same emergency work within a year, mandatory committee notification, and concurrent committee review for related longer-term contracts.
• Professional-service providers (attorneys, physicians, architects, engineers, etc.) and other listed providers; they would be listed and evaluated based on qualifications, services, and fees, with fee approvals, negotiated contracts, and a requirement to address diversity in the bidding process. Some agencies have exemptions from the new procedures.

Key Provisions

• Emergency contracts must last no more than 60 days, and a second identical or substantially similar emergency contract for the same services cannot be let within one year of the initial contract.
• If an emergency contract will be followed by a longer-term contract, the agency head must notify the Contract Review Committee, and the committee's 60-day review of the subsequent contract runs concurrently with the emergency contract.
• Procurement of professional services (attorneys, physicians, architects, engineers, etc.) must follow a listed process with selection based on skill, experience, and methodology, with fees negotiated and approved by the Governor or designated official; higher education boards retain some authority, and certain agencies may be exempt.
• Emergency provision allows procurement of professional services without the standard process for emergencies, but the contract may not exceed 60 days; extension reviews may apply for longer needs, and a second similar contract cannot be pursued within a year.
• Requests for proposals must be sent to all qualified providers regardless of race, and lists must seek racial and ethnic diversity statewide.
• Fees for certain professional services may be subject to schedules and approvals, with price considerations guiding selection and potential written justifications if costs exceed the lowest qualified proposal by more than 10%.
• The act does not apply to certain entities (e.g., Legislature, some authorities, and some higher-ed operations) in specific ways, and certain statewide tech or education-related procurements have tailored rules.

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