SB109 Summary

• Amends Section 39-2-6 of the Alabama Code to allow local boards of education and public two-year or four-year institutions of higher education to negotiate with the lowest responsible and responsive bidder when all bids exceed available funding.

• Negotiation is permitted only when the awarding authority documents a shortage of funding, demonstrates that time is of the essence, and ensures negotiated changes are in the public interest and do not materially alter the project's scope and nature.

• Maintains existing provisions regarding contract awards to lowest responsible and responsive bidders, with exceptions for unreasonable bids, force account work, and life cycle cost evaluations.

• Requires awarding authorities to make plans, specifications, cost estimates, and informal bids available to the Department of Examiners of Public Accounts for review when proceeding with negotiation or force account work.

• Becomes effective on the first day of the third month following passage and approval by the Governor.