SB 309 — Relating to contracts for professional services; to amend Section 41-4-133, Code of Alabama 1975, as last amended by Act 2022-357, to provide for the procurement of certain professional service contracts based on competitive, qualification-based policies and procedures; to provide for the advertisement of such contracts; and to subject such contracts to a fee schedule established by the Division of Construction Management of the Department of Finance, with exception.

SB309 ENGROSSEDENROLLED MIFIWW-2MIFIWW-3 By Senator Chambliss RFD:

11-May-23 2023 Regular Session Page 0 SB309 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to contracts for professional services;

Unless determined otherwise by the Chief Procurement Officer, professional services shall be procured by competitive sealed Page 1 SB309 Engrossed proposals.

Page 1 SB309 Enrolled (b) Proposals shall be solicited through a request for proposals.

In conducting Page 2 SB309 Engrossed discussions, there may not be disclosure of any information derived from proposals submitted by competing offerors.

(g) Contracts shall be awarded to the responsible offeror whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the Page 2 SB309 Enrolled state, taking into consideration price and the evaluation factors set forth in the request for proposals.

The Page 3 SB309 Engrossed determination regarding which offerors are qualified is not subject to review.

(3) If a professional service provider is prohibited by law or policy from submitting proposals in response to a request for proposals, the Chief Procurement Officer or Page 3 SB309 Enrolled purchasing agency may shall utilize the request for qualifications process to determine the awardee.

(j)(1) In addition to the requirements of Section 34-11-35.1(d)or any rule adopted thereunder, the professional services of architects, landscape architects, engineers, land 95 surveyors, geoscientists, and othergeoscientists similar professionals shall be procured in accordance with competitive, qualification-based selection policies and procedures.

95 a.

Ability and proven history in handling special Page 4 SB309 Engrossed project contracts.

(2) NoticeA ofrequest a need for professionalqualifications servicesmay shall be widelysubmitted disseminated to thean respectivearchitect professionalfor communityhis inor aher fullprofessional andservices; open manner.

provided, upon a determination by the procuring entity that the architect is adequately qualified to perform the contract, the architect's character, reputation, aptitude, location to the project site, Page 4 SB309 Enrolled and personality may play a decisive part in awarding the contract.

(3) Only a licensed design professional, as defined under Section 41-9A-3, may be permitted to assemble construction bid documents under this article or under Chapter 16 of Title 41.

(4) Notice of a need for professional services shall be widely disseminated to the respective professional community in a full and open manner.

(3)(5) For those governmental bodies subject to the requirements of this article, where the Division of Construction Management of the Department of Finance has set a fee schedule for the professional services sought, the fees shall not exceed the schedule without approval of the Director of the Division of Construction Management and the Governor.

(4)(6) A governmental body identified in Section 41-4-124 shall not be subject to this article or its requirements as it relates to the purchase and procurement of professional services, but shall adopt rules or board policies to promote fairness, competition, transparency, integrity, and value in the procurement of architects, landscape architects, engineers, land surveyors, geoscientists, and interiorPage designers."5 SB309 Enrolled geoscientists." Section 2.

Page 56 SB309 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................11-May-23________________________________________________ toSpeaker of the SenateHouse committeeof onRepresentatives CountySB309 andSenate Municipal18-May-23 GovernmentI Readhereby forcertify that the secondwithin timeAct andoriginated placedin ................16-May-23and onpassed the calendar:Senate, as amended.

2 amendments Read for the third time and passed ................18-May-23 as amended Yeas 33 Nays 0 Abstains 0 Patrick Harris, Secretary.

PageHouse 6of Representatives Amended and passed:

31-May-23 Senate concurred in House amendment 31-May-23 By:

Senator Chambliss Page 7