SB263 Alabama 2012 Session

Summary

Primary Sponsor

Tammy Irons

Democrat

Co-Sponsors

Paul SanfordArthur OrrBill Holtzclaw

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

SB263 updates Alabama's emergency contracting rules and professional services procurement to add oversight, standardize selection, and promote diversity.

What This Bill Does

It allows emergency contracts to be awarded without Contract Review Committee review for up to 60 days (120 days if the committee isn’t formed), with a requirement to notify the committee and potential concurrent review for longer contracts. It also expands and standardizes how professional services are selected, establishing specific listing-based processes for lawyers, physicians, and other professionals, along with fee controls, diversity requirements, and oversight by the Governor and Finance Director. It includes exemptions for certain entities and emergencies, and sets an effective date several months after passage.

Who It Affects

• State agencies and institutions that enter emergency contracts (they may bypass committee review for up to 60 days, must notify the committee for future contracts, and face limits on repeating the same emergency services within a year).
• The Contract Review Permanent Legislative Oversight Committee (CRPLOC) (its review window can run concurrently with emergency contracts and depends on quadrennial timing).
• Attorney and other professional service providers (they will be selected from official listings with fees negotiated and oversight by Governor/Attorney General or Finance, and must meet qualification-based criteria).
• Public universities, state boards, and the Department of Education (with specific exemptions from certain procedures, and rules for statewide tech-related procurements).
• Medicaid and health-related providers (some professional service selections are exempt from the standard process).
• General professional service providers (they must be listed, informed of RFPs, and compete under diversity and price rules).

Key Provisions

• Emergency contracts may be let without CRPLOC review for up to 60 days, or 120 days if the committee has not been formed; a second identical or substantially similar emergency contract for the same services is not allowed within one calendar year.
• If an emergency contract will be followed by a longer-term contract, the agency must notify the committee of both contracts and their terms; the committee’s review for the longer contract runs concurrently with the emergency period when possible.
• For litigation, state attorneys are selected by the Attorney General in consultation with the Governor from a maintained list; fees are negotiated and approved by the Governor and AG; other legal services are selected from a separate listing with fee considerations and Governor/Finance oversight.
• Physicians are selected from a list maintained by the Alabama Medical Licensure Commission; other professional services (architects, engineers, etc.) use qualification-based selection criteria including expertise, resources, past performance, and project management; fees must follow relevant schedules and be approved when necessary.
• The Director of Finance will maintain lists of other professional service providers; proposals are solicited, and price is considered in selecting the best provider; if fees exceed 10% of the lowest qualified proposal, written justification is required.
• Contracts for professional services are limited to the professional services portion; related goods follow separate procurement rules; an emergency exception allows bypassing the standard process for up to 60/120 days with concurrent review.
• RFPs must be sent to all interested providers regardless of race, and lists must seek racial and ethnic diversity in the providers considered.
• The act provides specific exemptions for Legislature, Port Authority, colleges/universities, and certain DOE and Medicaid scenarios from the standard procurement rules.
• Effective date: become law on the first day of the third month after passage and 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