Section 14-2-28 - Facilities - Construction(a)(1)a. Notwithstanding any other provision of law, the contract for the design and construction of the specialized men's prison facility and the Escambia men's prison facility authorized in Section 14-2-12(c)(2)a. may be awarded to either of the following:1. Any person that was part of a team qualified by the department for any proposed facility pursuant to the Request for Qualifications issued by the Department of Corrections June 27, 2019, provided that the previously qualified person may petition the department to add or substitute members as needed.2. In the event the authority determines it is not in the best interest of this state to enter into a contract for the design and construction of one or both of the specialized men's prison facility and the Escambia men's prison facility pursuant to subparagraph 1., the authority may enter into contracts with any other public and private parties for the design and construction of the facilities not contracted for pursuant to subparagraph 1., including a design-build contract, in accordance with the following:(i) The authority shall develop procedures to implement this section, including, but not limited to, proposal content, selection criteria, prequalification, applicant interview, proposal evaluation, proposal negotiation, selection, and award, which will be outlined in each authority request for proposal.(ii) Notwithstanding any provision of law to the contrary, proposals under this section shall be awarded by the authority based on qualifications of participants and best value as evaluated by procedures of the authority and taking into consideration the best interest of this state.(iii) Proposals shall use the standard specifications of the department or other specifications the authority and the department determine necessary for the facility.(iv) The authority may award a contract through any other procurement authority, proposals, or other means of procurement otherwise available for public works projects in this state.b. Both the specialized men's prison facility and the Escambia men's prison facility shall not be awarded to the same person unless it is determined by the authority that to award the contracts to the same person would be in the best interest of this state.c. Unless the authority finds it is not in the best interest of this state, the contract for the design and construction of the specialized men's prison facility shall be executed before execution of the contract for the design and construction of the Escambia men's prison facility.d. Any contract for the design and construction of the specialized men's prison facility or for the design and construction of the Escambia men's prison facility shall establish a guaranteed maximum price for each project.e. As a condition of entering into a contract for the design and construction of either the specialized men's prison facility or the Escambia men's prison facility, any person entering into the contract shall agree to full transparency and shall share all pricing information with the authority. The authority, at its sole discretion, shall have the right to require verification of competitive pricing for any portion of the proposed scope of the design and construction agreements.(2)a. Notwithstanding any other provision of law, and except as provided in paragraph b., all other construction contemplated by Act 2021-546 shall be subject to the bid requirements for public works in Title 39.b. When two or more bids are received for contracts referenced in paragraph a., and all bids exceed available funding for the contract as provided in Section 14-2-12, the authority may negotiate for the work with the lowest responsible and responsive bidder provided that the authority certifies a shortage of funding, that time is of the essence, and that the negotiated changes are in the public interest and do not materially alter the scope and nature of the project.(c) All such contracts shall be lump sum contracts. The entire work on a prison facility may be divided into one or more contracts. All contracts for the entire work on a facility need not be awarded at the same time, so that prior work under another contract can progress to a point where the joint or following work can best be coordinated for the earliest completion of the entire project in a sound and workmanlike manner. Each contract shall be executed by the authority. Payments made by the authority under the construction contracts shall be upon the contractor's written sworn request only if endorsed as approved by the commission or in any lesser amount the commission shall endorse as having been then earned on the contract. After the contracts for a facility have been awarded, the construction cost estimate shall be revised and all extras on the contracts shall be awarded within the funds available. The authority shall pay to the commission as a part of the cost of constructing the facility such sums for the services of its employees as may be mutually agreed between the department and the commission.Ala. Code § 14-2-28 (1975)
Amended by Act 2021SP1-546,§ 2, eff. 10/1/2021.Acts 1965, No. 678, p. 1226, §21; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §12.