HB382 Engrossed is a bill that seeks to amend the Code of Alabama 1975, specifically revising the procedures for protesting competitive bid contracts. The bill reduces the time to file a notice of intent to protest from 14 to five calendar days after the solicitation or notice of intent to award is issued. It also requires a formal written protest to be submitted within seven calendar days after filing a notice of intent to protest. The Chief Procurement Officer is authorized to proceed with the award if a notice of intent to protest is not received within the specified timeframe. The bill clarifies the finality of decisions made by the Chief Procurement Officer and the Director of Finance, outlines conditions for proceeding with contracts during protests or appeals, and specifies the application of the article to grants over $25,000 and certain contracts. It modifies requirements for disclosure statements, exempts certain contracts, and allows for a single annual disclosure statement for multiple contracts or grants.
The bill also introduces changes to the disclosure statement requirements for entities entering into contracts or receiving grants from the state. It removes the requirement for the information to be made under oath and penalty, and mandates the inclusion of a list of public officials, employees, and their family members who may benefit financially from the contract or grant. The bill requires the disclosure statement to be certified electronically under penalty of perjury and details how it should be filed and retained. The article does not apply to persons not receiving state funds or to contracts between public procurement units. The act is set to become effective on June 1, 2024, and has passed the House of Representatives with 102 yeas, 0 nays, and 1 abstention.
Statutes affected: Introduced: 41-4-161, 41-4-164, 41-16-82, 41-16-83, 41-16-85, 41-16-87
Engrossed: 41-4-161, 41-4-164, 41-16-82, 41-16-83, 41-16-85, 41-16-87