HB597 Alabama 2025 Session

Summary

Primary Sponsor

Steve ClouseRepresentative

Republican

Session

2025 Regular Session

Title

Public works; alternative project delivery methods authorized; adoption of administrative rules authorized; protest procedures and reporting requirements established; Public Works Advisory Council established

Summary

HB597 would authorize Alabama public bodies to use new alternative project delivery methods for public works, establish rules, protests, reporting, and create a Public Works Advisory Council.

What This Bill Does

It adds Construction Manager at Risk, Design-Build, Design-Build-Finance-Operate-Maintain, Design-Build-Operate-Maintain, and Progressive Design-Build as approved ways to procure public works, subject to department approval and public posting. It sets bond and security requirements for these methods, outlines protest procedures and reporting after project completion, and creates the Public Works Advisory Council to study and improve the process; administrative rules would be adopted to govern these methods, with oversight by the department and council.

Who It Affects

• Awarding authorities (state and local governments, schools, and public institutions) that manage public works, as they may use new delivery methods with prior department approval, must post proposals, file protests, and prepare required reports.
• Contractors, subcontractors, bidders, and sureties, who face new bonding (and insurance) requirements, potential changes in evaluation criteria, protest rights, and obligations to provide certain security and preconstruction information.

Key Provisions

• Authorizes alternative project delivery methods (CMAR, Design-Build, Design-Build-Finance-Operate-Maintain, Design-Build-Operate-Maintain, Progressive Design-Build) in addition to Design-Bid-Build, with criteria and department approval.
• Imposes bonding requirements for alternative methods: a 100% performance bond for construction work and a 100% payment bond for construction work (excluding nonconstruction costs), with a floor of 50% in certain cost-reduction scenarios; CMAR limits require no more than 25% self-performance by the general contractor;
• Establishes protest procedures for proposed projects and contract awards, including timelines (protests filed during posting and a five-day Department of Construction Management decision period) and an appeals path to the Director of Finance; protests are not part of a contested case under AAPA.
• Creates the State Public Works Advisory Council with diverse representation (counties, municipalities, K-12 schools, public colleges, universities, state agencies, and private sector groups) to advise, study, and report on public works practices; council meets at least yearly and is administered by the Department of Finance.
• Requires administrative rules to govern alternative delivery methods, including criteria, procurement content, evaluation methods (best value or qualifications), protest procedures, and reporting requirements; rules are developed with council input.
• Imposes reporting requirements: awarding authorities must report on completed alternative-delivery projects within 30 days of final completion, including project description, costs, schedules, changes, prequalification assessment, protest details, and lessons learned; failure to report can bar use of alternative methods in the next fiscal year.

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 Bidding