SB289 Alabama 2013 Session

Summary

Primary Sponsor

Mark Slade Blackwell

Republican

Co-Sponsors

Paul SanfordJ.T. WaggonerDick Brewbaker

Session

Regular Session 2013

Title

Public Works Contracts, construction manager at risk and design-builder selection authorized, Department of Transportation excluded Articles 2 and 3, Secs. 39-2-1, 39-2-2 am'd.; Secs. 39-2-30 to 39-2-33, inclusive, 39-2-40 to 39-2-43, inclusive, added

Summary

SB289 would let Alabama public entities use construction manager at risk and design-build methods for public works, adding new procedures while excluding the Department of Transportation from these options.

What This Bill Does

It adds two new project delivery options—construction manager at risk (CMAR) and design-build—as alternatives to the traditional design-bid-build method when they could offer better value. It requires prequalification, competitive proposals, and ranking with negotiations for selecting CMARs and design-builders, and it sets cost and performance protections, including a cap on self-performed work and requirements to publish records. It also clarifies that DOT contracts are not within these new methods and establishes penalties for willful violations and public-records requirements, with an effective date of January 1, 2014.

Who It Affects

• Awarding authorities (state and local government boards/agencies) who procure public works, who would gain the option to use CMAR or design-build and must follow new prequalification, scoring, negotiation, and transparency procedures.
• Construction managers at risk and design-builders (firms bidding on public works) who must undergo prequalification, submit competitive proposals, and follow specified contract terms, with CMAR able to self-perform limited work and design-builders eligible for stipulated proposal fees.

Key Provisions

• Authorizes construction manager at risk and design-builder as alternative project delivery methods to the existing design-bid-build method; excludes contracts let by the Alabama Department of Transportation from these methods.
• Adds Articles 2 and 3 to Chapter 2 of Title 39, codifying CMAR and design-build processes, and amends Section 39-2-1 and Section 39-2-2 to define key terms (awarding authority, CMAR, design-builder, public works, etc.).
• Construction Manager at Risk Public Works (Article 2): CMAR may be selected after prequalification and competitive proposals, with ranking, negotiations, and a contract; CMAR may self-perform up to 10% of the guaranteed maximum price (GMP) with specific cost-inclusion rules; requires prequalification of first-tier subcontractors and detailed scoring criteria.
• Design-Build Public Works (Article 3): Design-builders are prequalified, then compete with proposals; detailed scoring criteria are published in advance; negotiations occur with the highest-ranked design-builder, followed by a formal design-build contract and potential payment of a stipulated proposal fee to prequalified design-builders (at least 0.2% of project cost).
• Transparency and accountability: the awarding authority must publish rankings, scores, and a narrative basis for selection; all contracting records, proposals, and negotiations must be publicly accessible upon request.
• Compliance and penalties: contracts that violate the act are void; willful violations are Class C felonies; DOT is excluded from these provisions; there are emergency, sole-source, and confidentiality provisions as described in the sections.

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

Subjects

Public Works Contracts