SB309 Alabama 2023 Session

Summary

Primary Sponsor

Clyde ChamblissSenator

Republican

Session

Regular Session 2023

Title

Relating to contracts for professional services; to amend Section 41-4-133, Code of Alabama 1975, as last amended by Act 2022-357, to provide for the procurement of certain professional service contracts based on competitive, qualification-based policies and procedures; to provide for the advertisement of such contracts; and to subject such contracts to a fee schedule established by the Division of Construction Management of the Department of Finance, with exception.

Summary

SB309 requires state entities to procure certain professional services using competitive, qualification-based selection with advertising and a state fee schedule, plus related rules.

What This Bill Does

It mandates that professional services from architects, landscape architects, engineers, land surveyors, geoscientists, and similar professionals be procured through competitive, qualification-based processes when practicable, with public notice and a proposal-based selection. It outlines steps for proposals, confidentiality, evaluation, discussions, and awards based on the most advantageous offer, with debriefings available. It also establishes a fee schedule for these contracts, to be set by the Division of Construction Management, and allows exemptions for certain governmental bodies while requiring licensing and certain document-assembly rules for design professionals.

Who It Affects

• State and other governmental entities procuring professional services, who must follow qualification-based, competitive procedures, provide public notice, handle proposals under defined rules, and adhere to the fee schedule with specified exceptions.
• Architects, landscape architects, engineers, land surveyors, geoscientists, and other professionals seeking state contracts, who must respond to qualification and proposal processes, be evaluated under specified criteria, and comply with licensing and bid-document rules (including the requirement that only licensed design professionals may assemble construction bid documents).

Key Provisions

• Professional services (including architects, landscape architects, engineers, land surveyors, geoscientists, and similar professionals) must be procured by competitive, qualification-based selection policies and procedures.
• Procurement uses solicitations via request for proposals (RFPs), with adequate public notice, protected disclosure of proposals, a public register after award, and an evaluation process that weighs price and other predefined factors to determine the most advantageous offer.
• Prequalification may be used: the Chief Procurement Officer may issue requests for qualifications to preselect eligible offerors; qualified offerors may then submit proposals; some determinations are not subject to review.
• For engineers, land surveyors, and geoscientists, selection must follow qualification-based policies with defined factors such as expertise, resources, past performance, locality, project management, and handling of special contracts.
• Only licensed design professionals may assemble construction bid documents, and notices of need must be widely distributed to the professional community; a good-faith effort must be made to negotiate contracts after refining the scope of services.
• A fee schedule for professional services will be established and enforced by the Division of Construction Management; fees may not exceed the schedule without approval from the Director and Governor, with certain government bodies exempted.

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