As your representative to the JECA, it's my duty to pass this on for your consideration.
- Ronald D. Hackett, JECA Representative

A FOURTH LEGISLATIVE SESSION BEGINS!

Dear Member:

The Governor has proclaimed and directed the State Legislature to convene in extraordinary session beginning at 3:00 p.m., tomorrow, Tuesday, August 28, 2001. Among the 19 agenda items to be acted upon is the amendment to the state's competitive bid laws (item #3 of 19!).

We expect Senator Armistead (R) to introduce the Republican version of the Competive Bid bill tomorrow. Senator Armistead was the bill sponsor on Senate Bill 37 which required mandatory bidding on all state contracts. SB37 died during the last legislative session in mid-July. In mid-July a letter was sent to the Senator and Members of the Senate Rules Committee addressing our concerns about implementing a manadatory competitive bid law for state contracts. Information on the Brooks Act, Qualifications Based Selection Process (QBS), and State of Alabama BOL for Professional Engineers reference to Code of Ethics and procurement of engineering services was sent with the letter. Armistead responded in writing by stating that he would keep our recommendations in mind before re-introducing the legislation again. This was the second time that we defeated such legislation this year! The Democrats are expected to introduce their version of the bill as well.

HOW HAS ACECA RESPONDED TO EXECUTIVE ORDER #57

We have responded to the Governor's Executive Order #57, by educating the Governor's & Lt. Governor's policy advisors on the Brooks Act & QBS selection process for engineers/architects. ACEC has provided us with plenty of material to provide to our Executive Branch staffers. We have offered ACECA as a resource to members of the Executive Branch to help resolve the issue. At this point, I do not know how much impact all the "white paper" has had....we will know tomorrow when the bill is introduced.

BOL SUPPORT

On Friday, August 24th, the BOL convened for their regular meeting. The competitive bid issue was on the BOL's agenda for discussion. Members of the Board adopted a resolution to support a mini-Brooks Act in Alabama. Regina Dinger will forward a letter to the Governor outlining the Board's concerns about the proposed competitive-bid legislation (which is a: violation of Licensing Law/Code of Ethics, violation of existing Code of Alabama Statute SS41-16-51 (a,3), and violation of Brooks Act). We will work with Regina to acheive agreeable language in the bill that addresses Qualifications Based Selection of engineering services.

WHAT CAN ENGINEERS DO TO HELP?

GRASSROOTS, GRASSROOTS, GRASSROOTS!!! If we are opposed to either bill, a public hearing will be called in Montgomery. It is your job to respond to the public hearing by showing up! We must address our concerns with every member of the State Legislature, as well as the Executive Branch. A grassroots effort is the most effective way to get our legislators to respond. YOUR PRESENCE AT THE STATEHOUSE WILL BE REQUIRED! And as in most cases when dealing with legislative issues, very little notice will be given for you to respond.

I will keep you posted as this develops. Your support is much appreciated!!!

Renee A. Casillas
Executive Director
American Consulting Engineers
Council of Alabama & JECA
PH: (334)264-1500