Code of Alabama - Title 39: Public Works - Chapter 2 - Letting, Execution, and Administration of Public Improvements Contracts by State Agencies Generally

• Section 39-2-1 Definitions
  As used in this title, the following words shall have the meanings ascribed to them as follows: (1) AWARDING AUTHORITY. Any governmental board, commission, agency,...
• Section 39-2-2 Advertisement for and opening of sealed bids for public works contracts; violations; exclusions; emergency actions; sole source specification
  (a) Before entering into any contract for a public works involving an amount in excess of fifty thousand dollars ($50,000), the awarding authority shall advertise...
• Section 39-2-3 Fees to be paid Department of Transportation for proposals, plans, and specifications; deposit for bid documents; furnishing of plans and specifications to building exchanges, etc
  (a) For contracts let by the Department of Transportation, proposals may be obtained only upon payment of a fee, to be determined by the Department...
• Section 39-2-4 Filing of guaranties by bidders; prequalification procedures and criteria; responsibility of prequalified bidders; revocation of prequalification; rejection of bidder
  (a) The bidder shall be required to file with his or her bid either a cashier's check drawn on an Alabama bank or a bid...
• Section 39-2-5 Return of proposal guaranties to bidders generally; disposition of proposal guaranty when award not made within 30 days of opening of proposals
  All bid guaranties, except those of the three lowest bona fide bidders, shall be returned immediately after bids have been checked, tabulated, and the relation...
• Section 39-2-6 Award of contract; additional competitive bids; work done by force account; availability of plans, etc.; use of convict labor; assignment of contract; agreements, etc., among bidders; advance disclosure; life cycle costs
  (a) The contract shall be awarded to the lowest responsible and responsive bidder, unless the awarding authority finds that all the bids are unreasonable or...
• Section 39-2-7 Effect of errors and discrepancies of prices in bids
  In case of error in the extension of prices in bids, the unit price will govern. In case of discrepancy between the prices shown in...
• Section 39-2-8 Execution of contracts and furnishing of performance bonds, etc., generally by bidders awarded contracts
  The bidder to whom the award is made shall, when required, enter into a written contract on the form included in the proposal, plans, and...
• Section 39-2-9 Approval of bonds, etc., and completion of execution of contracts by awarding authorities
  The awarding authority shall approve the contractor's bonds meeting the requirements of Section 39-2-8 and the contractor's evidence of insurance meeting the requirements of the...
• Section 39-2-10 Issuance of proceed orders by awarding authorities, etc
  A proceed order shall be issued by the awarding authority within 15 days after final execution of the contract by the awarding authority, and execution...
• Section 39-2-11 Proceedings upon failure of successful bidders to execute contracts and furnish bonds, etc.; death of a low bidder; effect of failure of awarding authorities to complete execution of contracts and issue proceed orders; withdrawal of low bid upon discovery of mistake
  (a) Should the successful bidder or bidders to whom a contract is awarded fail to execute a contract and furnish acceptable contract securities and evidence...
• Section 39-2-12 Partial and final payments of contractors by awarding authorities
  (a) As used in this section the following words shall have the meanings ascribed to them as follows: (1) CONTRACTOR. Any natural person, partnership, company,...
• Section 39-2-13 Promulgation of rules and regulations by awarding authorities
  For the purpose of carrying into effect the terms of this chapter and insuring to the state and its political subdivisions the award of all...
• Section 39-2-14 Registration of out-of-state contractors required; deposit; surety bond
  (a) Every nonresident contractor, as defined in Section 39-2-12 shall register with the Department of Revenue prior to engaging in the performance of a contract...

Last modified: May 3, 2021