The bill amends Section 39-2-2 of the Code of Alabama 1975, which regulates contracts for public works, particularly the requirements for advertising sealed bids. Key changes include the requirement for awarding authorities to publish public notices for contracts exceeding $100,000 at least once a week for three consecutive weeks in a local newspaper. If no newspaper is available, the authority must post the notice on a bulletin board and send it via U.S. mail or electronic mail to interested parties. Additionally, the Department of Finance is tasked with establishing a centralized website for public notices, which may involve fees for posting. The bill also allows awarding authorities to enter into contracts even if they fail to meet advertising requirements, provided they can prove that the advertisement was submitted for publication.
Moreover, the bill introduces amendments specifically addressing the procurement process for heating and air conditioning units, clarifying that sealed bids do not exempt projects from compliance with design and installation standards. It allows for emergency contracts to be awarded without public advertisement if there is an immediate threat to public health or safety, with a requirement to publicly disclose the reasons for such actions. The bill establishes a Study Commission on Public Notice of Title 39 Advertisements to explore the creation of a centralized website for public notices related to sealed bids, consisting of various stakeholders and tasked with reporting findings to the Legislature by the fifth legislative day of the 2026 Regular Session. The effective dates for different sections of the bill are set for October 1, 2025, and June 1, 2025, respectively.
Statutes affected: Introduced: 39-2-2
Engrossed: 39-2-2
Enrolled: 39-2-2