Geneva County pays Foxhill Information Systems approximately $90,000 per year for IT services.
Those services aren’t simply being informally treated as “professional services.” The Geneva County Commission formally made that determination in 2022.
During its August 8, 2022 meeting, County Attorney Phil Eldridge reported that Chairman Toby Seay had asked him to determine whether Foxhill qualified for the professional-services exemption from Alabama’s Competitive Bid Law.
According to the official meeting minutes, Eldridge said that after researching the Alabama Code and Attorney General opinions, it appeared Foxhill qualified as a professional service under Alabama Code § 41-16-51(3).
The Commission then took formal action.
Commissioner Weston Spivey made the motion to adopt a resolution determining that Foxhill Information Systems, LLC is a professional service. Commissioner Bart Wilks seconded it.
The motion passed 4-0.
What Does That Mean?
Alabama Code § 41-16-51 provides exemptions from the state’s competitive bidding requirements, including certain professional services.
In other words, the Commission’s 2022 determination provides the basis for treating Foxhill’s services as exempt from the normal competitive-bidding requirement.
But there’s an important distinction:
An exemption from mandatory bidding doesn’t mean the County is prohibited from seeking competing proposals.
The County can still ask qualified IT providers to submit proposals and compare their:
- Pricing
- Services
- Qualifications
- Staffing
- Response times
- References
The Commission can then determine which provider represents the best overall value for taxpayers.
“We Don’t Have To” Isn’t the Same as “We Shouldn’t”
That’s where my concern lies.
Geneva County has now been presented with an alternative proposal offering approximately $65,000 in potential savings over 36 months, along with increased services.
The County doesn’t have to select my company.
It doesn’t have to select the cheapest company.
And if Foxhill provides the best combination of service, qualifications and price, the County can continue using Foxhill.
But why not compare?
The professional-services exemption answers whether Geneva County is legally required to competitively bid qualifying services.
It doesn’t answer whether voluntarily seeking competition would be the responsible thing to do with taxpayer money.
“We don’t have to bid it” may satisfy the law.
It doesn’t answer the taxpayer’s question: Are we getting the best value for our money?
