HB409 Alabama 2019 Session

Summary

Primary Sponsor

Chris PringleRepresentative

Republican

Session

Regular Session 2019

Title

Competitive bid law, during declared state of emergency, exemption from competitive bid process based on convenience deleted, Sec. 41-16-72 am'd.

Summary

HB 409 would remove the emergency-time exemption that allows bypassing competitive bidding for professional services, requiring standard competitive processes even during declared emergencies.

What This Bill Does

It would amend Section 41-16-72 to eliminate the 'convenience' exemption that currently lets state entities skip bidding in emergencies. Therefore, professional services must be procured through the normal competitive or qualification-based selection methods during emergencies, just like in non-emergency times. The bill preserves detailed rules for selecting lawyers, physicians, architects, engineers, and other professionals, including how fees are set and approved and how lists and proposals work. It includes transparency provisions such as posting contingency-fee contracts and keeping detailed records, and it notes some entities are exempt from this article.

Who It Affects

• State agencies, departments, boards, commissions, authorities, and other state entities that procure professional services, who must use competitive bidding or qualification-based selection during emergencies.
• Professional service providers (e.g., attorneys, physicians, architects, engineers, and other listed professionals) who must compete or be selected from official listings and follow fee/contract rules.
• Legislature, Alabama State Port Authority, and colleges and universities, which are exempt from the article's selection process.
• Taxpayers and the public, who would see procurement more transparent and documented during emergencies.

Key Provisions

• Deletes the emergency convenience exemption in 41-16-72, requiring competitive processes for professional services even during declared emergencies.
• Keeps and details selection criteria for professionals (attorneys, non-litigation legal services, physicians, architects, engineers, etc.), with price and qualifications considered.
• Requires lists of eligible professionals (Attorney General's list for attorneys; Governor's Legal Advisor listing for non-litigation legal services; physician lists from the Alabama Medical Licensure Commission) and competitive proposals with price considerations.
• Imposes transparency and oversight for contingency-fee contracts, including written determinations, fee caps, monthly expense reporting, and online posting of contracts and related documents.
• Affirms cost-effectiveness and public-interest requirements for contingency-fee contracts, with government attorney oversight and specific governance rules.
• Maintains certain exemptions (Legislature, Port Authority, and certain higher education entities) from this article, as noted in the bill.

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