Senate Bill 75 Alabama 2026 Session

Summary

Primary Sponsor

Donnie ChesteenSenator

Republican

Session

2026 Regular Session

Title

Public works contracts; exemption established for purchases made through cooperative purchasing agreements

Summary

SB75 would let Alabama public works awarding authorities buy materials or equipment through cooperative purchasing agreements without following standard bidding for those items, under certain conditions.

What This Bill Does

It creates an exception to the public works bidding rules to allow cooperative purchasing for materials or equipment connected to a public works project, while the rest of the project would still follow the usual bidding requirements. It directs the Department of Finance to maintain a centralized website for bid advertisements and to oversee related posting and administration, with potential fees to cover costs. It also includes enforcement provisions, including voiding contracts that violate the law and potential Class C felony penalties for willful violations, and it sets special rules for emergency procurements and certain agency-specific purchases.

Who It Affects

• Awarding authorities (state, counties, municipalities and their instrumentalities) would be able to procure materials or equipment through cooperative purchasing agreements without applying the standard bidding process to those items.
• Vendors and suppliers participating in cooperative purchasing programs would gain procurement opportunities through these government contracts and must comply with the rules of those programs.
• The Department of Finance, the centralized bid advertisement website, and associated processes would oversee posting, administration, and enforcement of the new rules.

Key Provisions

• Amends Section 39-2-2 to create an exemption allowing purchases of materials or equipment via cooperative purchasing agreements, with the rest of the public works contract still subject to bidding rules.
• Department of Transportation may enter road contracts up to $250,000 without advertising if listed on the department's website for at least seven days; annual non-advertised project total capped at $1,000,000.
• Heating/air conditioning unit purchases may be exempt from bidding under approved cooperative status if specific conditions are met, including competitive bid processes and documentation.
• Sole-source purchases require justification and documentation, including recommendations from the architect/engineer of record, and must be available for examination.
• Emergency procurements may bypass public advertising with public disclosure of the reasons after the action is taken.
• Contracts that violate the title are void and subject to penalties; willful violations carry Class C felony status; certain post-purchase reporting and confidentiality rules apply.
• Effective date of October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Competitive Bidding