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Code of Alabama - Title 41: State Government - Chapter 16 - Public Contracts

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  • Article 1 General Provisions.
    • Section 41-16-1 Withdrawal by contractor of amounts retained from payments under contract
      Repealed by Acts 1997, No. 97-225, p. 348, SS4, effective April 22, 1997. ...
    • Section 41-16-2 Limitation on prosecutions for violations of competitive bid laws
      A prosecution for any offense in violation of the competitive bid laws of Articles 2 and 3 of this chapter must be commenced within ...
    • Section 41-16-3 Timely execution of state contracts required
      (a) Whenever the State of Alabama is a party to any contract, the contract shall be executed by all parties in a timely fashion. ...
    • Section 41-16-4 Limitation on use of reverse auction process
      The reverse auction process shall not be used to procure professional services of architects, landscape architects, engineers, land surveyors, geoscience and other professions, as ...
  • Article 2 Competitive Bidding on Public Contracts Generally.
    • Section 41-16-20 Contracts for which competitive bidding required; award to preferred vendor
      (a) With the exception of contracts for public works whose competitive bidding requirements are governed exclusively by Title 39, all contracts of whatever nature ...
    • Section 41-16-21 Contracts for which competitive bidding not required generally
      (a) Competitive bids shall not be required for utility services where no competition exists or where rates are fixed by law or ordinance, and ...
    • Section 41-16-21.1 Joint purchasing agreements
      (a) In the event that utility services are no longer exempt from competitive bidding under this article, non-adjoining counties may not purchase utility services ...
    • Section 41-16-21.2 Exemption of certain departments or agencies whose principal business is honorariums from competitive bid laws
      All laws to the contrary notwithstanding, any state department or agency whose principal business is honorariums is hereby exempted from the provisions of the ...
    • Section 41-16-22 Competitive bidding not required on purchases from federal government
      The state may without advertisement or receiving competitive bids purchase materials, equipment, supplies or other personal property from the United States government or any ...
    • Section 41-16-23 Letting of contracts without public advertisement authorized in case of emergencies affecting public health, safety, etc
      In case of emergency affecting public health, safety or convenience, so declared in writing by the head of the institution or state agency involved, ...
    • Section 41-16-24 Advertisement for and solicitation of bids; opening of bids; public inspection; reverse auction procedures; certain partial contracts void
      (a) The Purchasing Agent shall advertise for sealed bids on all purchases in excess of the competitive bid limit as established in Section 41-16-20 ...
    • Section 41-16-25 Effect of agreements or collusion among bidders in restraint of competition; sworn statements as to agreements to accompany bids
      Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid at a fixed price or ...
    • Section 41-16-26 Effect of advance disclosure of terms of bid
      Any disclosure in advance of the terms of a bid submitted in response to an advertisement for bids shall render the proceedings void and ...
    • Section 41-16-27 Manner of awarding contracts generally; records; exemptions
      (a) When purchases are required to be made through competitive bidding, award shall, except as provided in subsection (f), be made to the lowest ...
    • Section 41-16-28 Bond for faithful performance of contract to be required
      Bond in a responsible sum for faithful performance of the contract, with adequate surety, shall be required in an amount specified in the advertisement ...
    • Section 41-16-29 Assignment of contracts
      No contract awarded to the lowest responsible bidder shall be assignable by the successful bidder without written consent of the awarding authority and requisitioning ...
    • Section 41-16-30 Conflicts of interest of purchasing agents, assistants, etc., generally; making of purchases or awarding of contracts in violation of article
      Neither the Purchasing Agent nor any assistant or employee of his shall be financially interested or have any personal beneficial interest, either directly or ...
    • Section 41-16-31 Institution of actions to enjoin execution of contracts entered into in violation of article
      Any taxpayer of the area within the jurisdiction of the awarding authority and any bona fide unsuccessful bidder on a particular contract shall be ...
    • Section 41-16-32 Provisions of article cumulative; repeal of other provisions of law
      This article shall be cumulative in its nature. All conflicting provisions of law are hereby expressly repealed; however, this article shall in no manner ...
  • Article 3 Competitive Bidding on Contracts of Certain State and Local Agencies, etc.
    • Section 41-16-50 Contracts for which competitive bidding required
      (a) With the exception of contracts for public works whose competitive bidding requirements are governed exclusively by Title 39, all expenditure of funds of ...
    • Section 41-16-51 Contracts for which competitive bidding not required
      (a) Competitive bids shall not be required for utility services, the rates for which are fixed by law, regulation, or ordinance, and the competitive ...
    • Section 41-16-51.1 Municipal or county contracts for certain services exempt from competitive bid requirement
      Notwithstanding any other laws to the contrary, when it is necessary for a county or an incorporated municipality to enter into a public contract ...
    • Section 41-16-52 Expenditures for repair or lease of heavy duty off-highway construction equipment may be made without regard to provisions of article
      (a) All expenditures of funds of whatever nature for repair parts and repair of heavy duty off-highway construction equipment and of all vehicles with ...
    • Section 41-16-53 Letting of contracts without public advertisement authorized in case of emergencies affecting public health, safety, etc
      In case of emergency affecting public health, safety or convenience, so declared in writing by the awarding authority, setting forth the nature of the ...
    • Section 41-16-54 Advertisement for and solicitation of bids; opening of bids; reverse auction procedures; public inspection; certain partial contracts void
      (a) All proposed purchases in excess of fifteen thousand dollars ($15,000) shall be advertised by posting notice thereof on a bulletin board maintained outside ...
    • Section 41-16-55 Effect of agreements or collusion among bidders in restraint of competition; knowing participation in collusive agreement
      Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition, by agreement, to bid at a fixed price or ...
    • Section 41-16-56 Effect of advance disclosure of terms of bid
      Any disclosure in advance of the terms of a bid submitted in response to an advertisement for bids shall render the proceedings void and ...
    • Section 41-16-57 Municipal or county contracts for certain services exempt from competitive bid requirements
      (a) When purchases are required to be made through competitive bidding, awards shall be made to the lowest responsible bidder taking into consideration the ...
    • Section 41-16-58 Bond for faithful performance of contract may be required
      Bond in a responsible sum for faithful performance of the contract, with adequate surety, may be required in an amount specified in the advertisement ...
    • Section 41-16-59 Assignment of contracts
      No contract awarded to the lowest responsible bidder shall be assignable by the successful bidder without written consent of the awarding authority, and in ...
    • Section 41-16-60 Conflicts of interest of members or officers of certain public offices or positions
      Members and officers of the city and county boards of education and the district boards of education of independent school districts may be financially ...
    • Section 41-16-61 Institution of actions to enjoin execution of contracts entered into in violation of article
      Any taxpayer of the area within the jurisdiction of the awarding authority and any bona fide unsuccessful bidder on a particular contract shall be ...
    • Section 41-16-62 Provisions of article not applicable to certain municipal contracts
      The provisions of this article shall not be applicable to any contracts made by a municipality pursuant to the provisions of Act No. 4 ...
    • Section 41-16-63 Provisions of article cumulative
      This article shall be cumulative in its nature. ...
  • Article 3A Competitive Bidding on Contracts for Goods and Services.
    • Section 41-16-70 Legislative findings
      The Legislature finds and declares that the best interests of the taxpayers of Alabama are served when competition exists in the procurement of goods ...
    • Section 41-16-71 Definitions
      The following terms as used in this article shall have the following meanings: (1) GSA CONTRACT. A contract for goods or services established by ...
    • Section 41-16-72 Procurement of professional services
      Any other provision of law notwithstanding, the procurement of professional services by any agency, department, board, bureau, commission, authority, public corporation, or instrumentality of ...
    • Section 41-16-73 Purchase of insurance
      The purchase of insurance shall be pursuant to a competitive qualification based process developed by the Department of Finance. The Alabama State Port Authority ...
    • Section 41-16-74 Purchase from vendors with GSA contracts; purchase of utilities
      All goods and services purchased under the provisions of this article must be competitively bid or procured as provided for in this article. However, ...
    • Section 41-16-75 Sole source purchases
      State entities seeking to purchase goods or services from a sole source vendor may do so only upon the approval of the Department of ...
    • Section 41-16-76 Promulgation of rules and regulations
      The Director of Finance, through the Division of Purchasing, may promulgate rules or regulations necessary for the implementation of this article. The rules and ...
    • Section 41-16-77 Violations; void contracts; opportunity to compete; relation to other laws
      (a) Any person who willfully or intentionally violates this article shall be subject to a civil penalty of not less than five hundred dollars ...
    • Section 41-16-78 Exceptions
      (a) This article shall not apply to any entity that does not receive state funds. (b) This article shall also not apply to direct ...
    • Section 41-16-79 Contracts under review by Contract Review Permanent Legislative Oversight Committee
      All contracts which are subject to the requirements of Section 29-2-41, shall remain subject to that section and shall first be reviewed by the ...
  • Article 3B Submissions for Public Contracts and Grants, Disclosure Requirements.
    • Section 41-16-80 Legislative findings
      The Legislature of Alabama finds and declares that information currently available to the public does not include the disclosure of all persons who for ...
    • Section 41-16-81 Definitions
      For purposes of this article, the following terms shall have the following meanings: (1) FAMILY MEMBER OF A PUBLIC EMPLOYEE. The spouse or a ...
    • Section 41-16-82 Disclosure statement required
      (a) This article shall only apply in cases where the proposed grant or proposed contract at issue exceeds five thousand dollars ($5,000). (b) All ...
    • Section 41-16-83 Required information
      (a) The information required on the disclosure statement shall be made under oath and penalty as prescribed herein and shall include, but not be ...
    • Section 41-16-84 Furnishing of disclosure statement; affirmative defense
      Each state agency, department, or division receiving a proposal, bid, contract, or grant proposal from all persons shall inform each person of this article ...
    • Section 41-16-85 Filing of disclosure statement; public records
      A copy of the disclosure statement shall be filed with the awarding entity and the Department of Examiners of Public Accounts and if it ...
    • Section 41-16-86 Violations
      (a) A person who knowingly violates this article shall be subject to civil penalty in an amount of ten thousand dollars ($10,000), or 10 ...
    • Section 41-16-87 Applicability
      This article shall not apply to any entity which does not receive state funds. ...
    • Section 41-16-88 Relation to ethics law
      Nothing in this article shall be construed to alter, amend, or repeal any disclosure required under the ethics law. ...
  • Article 4 Surety Bonds or Insurance Under Public Building or Construction Contracts.
  • Article 5 Contracts for Sale of Certain State Property.
  • Article 6 Disposition of Surplus Personal Property Owned by State.
    • Section 41-16-120 Powers and duties; definitions
      (a) The Director of the Department of Economic and Community Affairs shall be responsible for the distribution, transfer, or disposal of all surplus personal ...
    • Section 41-16-121 Availability of surplus property; publication and dissemination of list of property; disposition of hazardous material prohibited
      (a) Surplus property shall be made available at such times and places as determined to be appropriate by the division for inspection and acquisition ...
    • Section 41-16-122 Authority of division
      (a) The division shall be authorized to collect fees for transfer, handling, shipping, classification, warehousing, bidding, destruction, scrapping, or other disposal of property and ...
    • Section 41-16-123 Provisions applicable to certain property held by division
      This section shall apply only to that property that has been held by the division for a period of not less than 60 days ...
    • Section 41-16-124 Effect of article upon status of division employees
      All personnel, including those on personal service contracts, working within the Surplus Property Division of the Department of Economic and Community Affairs at the ...
    • Section 41-16-125 State plan of operation for state agency for federal property assistance
      The temporary state plan of operation for the state agency for federal property assistance which was approved by the Governor of Alabama on July ...
  • Article 7 Guaranteed Energy Cost Savings Contracts.
    • Section 41-16-140 Short title
      This article shall be known as the "Guaranteed Energy Cost Savings Act." ...
    • Section 41-16-141 Definitions
      For purposes of this article, the following terms shall have the following meanings: (1) ENERGY COST SAVINGS MEASURE. A training program or new facility ...
    • Section 41-16-142 Energy cost savings measures authorized
      (a) A governmental unit may enter into a guaranteed energy cost savings contract in order to reduce energy consumption or operating costs of government ...
    • Section 41-16-143 Request for proposals; meeting; public notice; guarantee required; bond; type, duration, funding, etc., of contract
      (a) Before entering into a guaranteed energy cost savings contract, a governmental unit shall submit a request for proposals. The governmental unit shall evaluate ...
    • Section 41-16-144 Construction of article
      The provisions of this article shall not be construed to alter or circumvent present law which requires education support personnel to work under the ...

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    Last modified: March 18, 2014