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EXECUTIVE ORDER 57-Competitive Bidding
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Whereas, Alabama State Government must take every step possible to ensure that the taxpayers' money is spent wisely; and

Whereas, competition is the best method of seeing to it that the State of Alabama receives the best price for the goods and services that government must purchase; and

Whereas, exceptions to Alabama's competitive bidding laws whether for specific contracts or for professional services, while reasonable in theory, have been expanded beyond their intent.

NOW THEREFORE, based upon these considerations, and for other good and valid reasons which relate thereto, I Don Siegelman, Governor of the State of Alabama, by virtue of the authority vested in me by the Constitution and laws of the State of Alabama, do hereby direct and order all state agency, authority, and public corporation contracts and purchases, shall be administered by the Division of Purchasing of the Department of Finance and be awarded according to the following guidelines:

     1.  All state agency, authority, and public corporation purchases and contracts for non-professional services over $7,500 shall be let by free and open  competitive bidding and awarded to the lowest responsible bidder.  The process for developing and awarding each bid shall be subject to the open records and sunshine laws of the State of Alabama.

     2.  All purchases and contracts for professional services shall be made from a list of qualified companies or individuals maintained by the relevant government department, agency or official.  They shall be procured by soliciting proposals from at least three of these qualified vendors (other than attorneys selected by the Attorney General to represent the State in litigation) whose proposals will be evaluated using a combination of price and qualification factors.  The award shall be made to the vendor providing the best value to the state.  The process for creating and maintaining the qualified vendor lists, the criteria used for proposal evaluation, and the basis for the award decision shall be subject to the open records and sunshine laws of the State of Alabama.

     3.  All state agency, authority and public corporation purchases and contracts for professional services shall be limited only to the portion of a contract that relates to the professional services provided, and bids shall be taken for any goods purchased in conjunction with the contract.  Those seeking State business shall have the right to challenge their exclusion from qualified vendor lists through the Administrative Procedures Act.  The process by which professional service contracts are awarded shall be subject to the open records and sunshine laws of the State of Alabama.

     4.  Standard contracts that are impractical to award due to the exigencies of time, contracts that by their very nature are impossible to award by competitive bidding, or contracts that have only one qualified vendor shall be made only with approval of the Governor with the review and advice of the Attorney General. 

BE IT FURTHER ORDERED that any further provision that would strengthen the State's competitive bid requirements shall be recommended by the Finance Director and added to this order by the Governor.

BE IT FURTHER ORDERED that the following agencies and officials shall have responsibility for maintaining the following lists:

     Health Care Professionals:     Any department or agency affected in conjunction with the Department of Health

     Attorneys:     The Attorney General in conjunction with the Governor's Legal Advisor

     Investment and Financial Advisors:     The Director of Finance in conjunction with the State Securities Commission

     Architects, Engineers and Construction Managers:  The State Building Commission or the Professional Engineer and Land Surveyor Licensure Board, whichever is relevant, in conjunction with the appropriate professional association(s)

     Other:     The appropriate State agency in conjunction with the appropriate professional association(s) as determined by the Director of Finance

BE IT FURTHER ORDERED that the agencies and officials listed above shall work with the relevant professional association(s) to develop a fair method of evaluating professionals to ensure both that the State receives the best possible services for the citizens' dollars and that no qualified individual or firm is prevented from competing for State business, asking the Legislative Contract Review Committee to ensure fairness and diversity.

BE IT FURTHER ORDERED that contracts shall, to the greatest extent possible, be awarded to vendors in order to reflect the diverse racial, cultural and ethnic composition of the state.

BE IT FURTHER ORDERED that this Executive Order shall become effective for  December 1, 2001 and shall remain in effect until amended or modified by the Governor.

DONE AND ORDERED the 21st day of August, 2001.

(Signed by Gov. Don Siegelman)