By Senators Bedford and Ross
Relating to public contracts; to require contractors to disclose all subcontractors which they will directly contract with on each project; and to provide that the information be posted on the Internet.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) All contracts governed by Titles 39 and 41 of the Code of Alabama 1975, involving seven thousand five hundred dollars ($7,500) or more, made by or on behalf of any state department, board, bureau, commission, committee, institution, including the Legislature and colleges and universities governed by a board of trustees or the Department of Postsecondary Education, corporation, authority, or office shall include the following:
(1) Contractors shall provide, to the awarding authority or purchasing agent, as applicable, a written list identifying contractors, subcontractors, and suppliers, and their owners and primary places of business, for all subcontracts or purchase orders that exceed seven thousand five hundred dollars ($7,500).
(2) Contractors shall supply this list within 20 days after the execution of the contract.
(3) Contractors shall amend this list within 10 days after any change involving a subcontractor or a supplier.
(b) Failure to provide the requirements listed in this section may result in the cancellation of the contract.
(c) With each application for payment, the contractor shall furnish an affidavit listing the following:
(1) The number and name of every subcontractor associated with the work.
(2) Every person furnishing labor or materials for the work, and verification that every employee of the contractor and subcontractor are legally present in this state.
(3) The amounts due or to become due to the subcontractors, laborers, or material suppliers as of the date of the application for payment.
Section 2. This act shall apply to all contracts described in Section 1 that are in existence on the effective date of this act, and that have not been fully completed.
Section 3. The Comptroller shall include on the Internet database for state expenditures a listing of all subcontractors for public contracts.
Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.