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. It requires that any public works contract exceeding $100,000 must be advertised for sealed bids at least once a week for three consecutive weeks in a local newspaper. New provisions allow the Department of Finance to establish rules for advertising sealed bids on a website or digital version of the newspaper. If no local newspaper is available, the awarding authority must post notices on a bulletin board and solicit bids via U.S. mail or electronic mail to registered individuals. The bill also clarifies that contracts entered into in violation of these provisions are void, and violators may face a Class C felony charge.

Additionally, the bill introduces amendments that allow awarding authorities to document the necessity of using sole source products and modifies the process for contracts related to public works projects recognized by the Alabama Homeland Security Department as critical for safety and security, permitting these contracts to be let without public advertisement. It mandates that pre-bid meetings occur at least seven days before bid openings and requires confirmation of applicable grants and matching funds prior to bidding. The Department of Transportation is authorized to enter contracts for road projects under $250,000 without sealed bids, provided these projects are listed on a publicly accessible website for at least seven days. The act is set to take effect on October 1, 2025.

Statutes affected:
Introduced: 39-2-2
Engrossed: 39-2-2