The bill SB36 amends various sections of the Code of Alabama 1975 to improve the state's public procurement processes. Key changes include transferring procurement authority to the Chief Procurement Officer and defining which governmental bodies must adhere to state competitive bid laws. The Alabama Department of Transportation is mandated to create rules for purchasing professional services that prioritize fairness, competition, and transparency. The bill also clarifies procurement processes for district attorneys, sheriffs, volunteer fire departments, and rescue squads, ensuring compliance with specific regulations. Notably, it introduces electronic bid submissions, mandates public notice, and outlines procedures for bid evaluation, correction, and withdrawal. The Chief Procurement Officer is empowered to negotiate with the lowest responsible bidder to reduce prices and can award multiple purchase contracts based on compatibility and operational needs.

Additionally, the bill modifies emergency procurement procedures, allowing the Chief Procurement Officer or heads of purchasing agencies to act swiftly in response to threats to public health or safety, with strict limitations on delegation of this authority. It also revises the protest process for bidders, shortening the timeframe for filing a notice of intent to protest from 14 days to five days and requiring a formal written protest within seven days. The Chief Procurement Officer can proceed with contract awards if no protest is filed within the designated period, and appeals can be made to the Director of Finance. Furthermore, the bill adjusts the threshold for required disclosure statements from exceeding $5,000 to meeting or exceeding the threshold for formal solicitations, mandates that all proposals for financial gain include a disclosure statement, and expands the information required in these statements. The act is set to take effect on June 1, 2025.

Statutes affected:
Introduced: 41-4-124, 41-4-132, 41-4-136, 41-4-161, 41-4-164, 41-16-82, 41-16-83, 41-16-85, 41-16-87
Enrolled: 41-4-124, 41-4-132, 41-4-136, 41-4-161, 41-4-164, 41-16-82, 41-16-83, 41-16-85, 41-16-87