HB22 Alabama 2020 Session

Summary

Primary Sponsor

Chris PringleRepresentative

Republican

Session

Regular Session 2020

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 22 would remove the emergency convenience exemption in the competitive bid law for professional services and require standard procurement rules during declared emergencies.

What This Bill Does

It would amend Section 41-16-72 to delete the provision that allows non-competitive procurement of professional services during emergencies. If enacted, state agencies would have to obtain professional services through competitive bidding or qualification-based selection even in emergencies, with price considered in the decision. The bill outlines specific selection procedures for different professionals (attorneys, non-litigation legal services, physicians, architects/engineers, etc.) and requires negotiation, oversight, and transparency. It also preserves detailed rules for contingency fee contracts, including cost-effectiveness checks, fee caps, recordkeeping, and online posting of contracts and payments, while noting certain entities may be exempt from these provisions.

Who It Affects

• State agencies and their procurement staff, who would need to follow standard procurement processes for professional services even during emergencies
• Attorneys and law firms representing the state, who would be selected from specific lists with fee negotiations and Governor/Attorney General oversight
• Other professional service providers (physicians, architects, engineers, etc.), who would be chosen through qualification-based selection with price considerations
• Taxpayers and the public, who would benefit from increased transparency, posted contract information, and detailed recordkeeping

Key Provisions

• Delete the emergency convenience exemption in 41-16-72, requiring standard procurement procedures during declared emergencies
• For attorneys: appointment/selection from AG-listed attorneys; fees negotiated and approved by Governor in consultation with AG
• For non-litigation legal services: selection from a listing maintained by the Governor's Legal Advisor; fees negotiated with Governor or Finance Director oversight
• For other professionals (physicians, architects, engineers, etc.): selection based on qualifications with price considered; notices for proposals and good-faith negotiations on scope
• Director of Finance to maintain lists of professional service providers; requires proposals and justification if selected fees exceed the lowest qualified proposal by more than 10%
• Contingency fee contracts: require cost-effectiveness determinations, caps on aggregate fees, government control/oversight, posting and disclosure, and detailed time/expense records
• Contracts and payments: fees paid from the State Treasury within 30 days of receipt of funds, with monthly reimbursement of expenses and four-year recordkeeping
• Certain entities (e.g., Legislature, Port Authority, some higher education bodies) may be exempt from these provisions; effective date set for the first day of the third month after passage

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Competitive Bids