Contract review committee presses Corrections on prolonged litigation costs; reviews federal-funded projects and education testing renewals

Montgomery — The Joint Interim Committee on Contract Review on Monday reviewed a broad slate of agency contracts and paused one Department of Corrections contract after lawmakers pressed for a clearer strategy and a cost accounting for long‑running litigation.

Representative England, a committee member, pressed corrections officials about a 2018 lawsuit that remains pending and questioned whether continued outside legal spending was the most cost‑effective path. “If we had just paid these folks, we probably would have saved millions and millions and millions of dollars,” Representative England said during the meeting as members debated whether to approve a new contract for outside counsel assigned to the case.

Why it matters: Committee members said the continuing expenses for outside lawyers are drawing down state resources with little visible end date, and they asked the Alabama Department of Corrections (ADOC) and the Attorney General’s Office for a comprehensive briefing on litigation strategy, case counts and projected costs.

Corrections contract held pending briefing

Andy Spears, representing the Alabama Department of Corrections, told the committee the case referenced by England “was filed ... in 2018.” Spears said the department must contract with outside counsel in some matters, including monitors appointed by a federal judge in the Bragg case. Committee members asked for a written strategy that would list pending cases, projected costs and options such as settlement or alternative dispute resolution. Senator Butler moved to hold the contract for additional answers; the committee agreed to pause the Lunsford contract while staff provides more information.

Legal spending and process concerns were sharpened when members discussed a recent sanction involving a private law firm used by ADOC. The committee heard that one attorney was removed from representations after filings contained material the court found problematic; the department said a different attorney at the same firm will continue on the matter while the committee seeks broader detail on the department’s litigation posture.

Medical cannabis commission legal work and licensing status

Daniel Autry, representing the Outland Medical Cannabis Commission, told the committee the commission has issued 19 licenses in various categories but cannot operate a retail dispensary until at least one license exists in every required category, including dispensaries. “We do have licensees, 19,” Autry said. He estimated legal costs related to the commission’s work have been “probably in the neighborhood of $2,000,000” so far. Lawmakers pressed for a clearer accounting of legal spending and the path to bringing product to market.

Federal funds and resource‑identification contracts

Several agencies briefed the committee on federally funded projects.

- The Alabama Geological Survey presented a contract to hire APTOM Environmental and Infrastructure Inc. to analyze geophysical and vibrocore data collected in Mobile Bay. The analysis will be used to identify sand resources for Gulf Coast beach replenishment. Deputy Director Greg Guthrie said the contract was procured by RFP and is 100% federal funds.

- The Oil and Gas Board submitted a contract to plug, abandon and restore sites for orphaned and abandoned wells. Marvin Rogers, chief counsel for the Oil and Gas Board, told the committee the initial RFP covered 29 identified wells and made clear more wells could be added to the list. Rogers said the funding for this project comes from Department of Interior awards tied to the federal infrastructure package.

Education contracts: ACAP testing renewal and school nutrition IT build

Tina Hammonds, speaking for the Alabama State Department of Education, summarized a two‑year renewal with Data Recognition Corporation to provide assessment development, administration, scoring and reporting for the Alabama Comprehensive Assessment Program (ACAP). Hammonds said the contract covers summative, alternate and practice test forms and supports scoring for the ASCAP supplemental reading test required under the Literacy Act. She told the committee the department originally pushed the solicitation to 53 vendors.

Hammonds also briefed members on a sole‑source extension for EMS Link to finish a multi‑year build of the statewide school nutrition system formerly known as Titan. The agency said the contract extends work started in 2021 and will add about 38 school food authorities to the statewide platform; the department described the extension as necessary to complete both school‑level and state‑side buildouts before moving to a hosting and maintenance contract.

Public Health social‑media contract questioned

Members asked for more detail about a Public Health contract with a firm doing social‑media marketing for the division that handles sexually transmitted disease work. Committee members said the proposed amount — discussed in the meeting as approximately $450,000 in federal funds — needed clearer deliverables and a breakdown of weekly or campaign‑level tasks. Public Health staff said the RFP lists weekly deliverables including commercial assets and paid advertising and agreed to provide a more detailed scope and pricing breakdown to the committee.

Other items reviewed

The committee reviewed renewals and one‑time contracts across multiple agencies, including: Medicaid renewals for actuarial services and health‑information exchange support, workforce development funding for a labor‑market information module, and rehabilitation services sole‑source training contracts for certified rehabilitation counselors. Most were presented as routine renewals or awards; committee members asked routine procurement and documentation questions in several cases.

What’s next: The committee asked ADOC and other agencies for follow‑up materials and cost breakdowns. Committee chair Chairman Roberts (as identified in the meeting) set a future briefing to discuss rate‑cap issues noted in several transportation contracts and to receive a comprehensive litigation and expense briefing from the Department of Corrections.

Ending note: Committee members said they will reconvene next month, with several agencies expected to return with supplemental documentation requested at Monday’s meeting.