Alabama Administrative Code

All previously existing rules for the Division of Purchasing are repealed and replaced in their entirety by this chapter. Author: Alabama Department of Finance Authority: Code of Ala. 1975, § 41-4-35. Notes Ala. Admin. Code r. 355-4-1-.01 New Rule: Filed November 15, 2001; effect…

As used in this chapter, except where the document clearly indicates otherwise, or where the termis defined elsewhere in this chapter, the following definitionsshall apply: (a) Awarding Authority refers to the Department ofFinance, Division of Purchasing. (b) Division of Purchasi…

(1) As used throughout these Rules, words and terms defined in the State Procurement Code shall have the same meaning as in the Code, and each word or term listed in this Rule shall have the meaning set forth below or in the Rule cited, unless: (a) its use clearly requires a diff…

(1) All bids or offers received become records of the Chief Procurement Officer or the Purchasing Agency and will be open to inspection by the public after award unless exempt from disclosure under Alabama law or regulation. Notwithstanding the forgoing, there shall be a presumpt…

(1) Shipping Authority. The lowest responsible bidder will receive a purchase order or notice of award from the Division of Purchasing. Any vendor that delivers without a dulyauthorized purchase order does so at its own risk. (2) New/Used/Altered Commodities. All supplies andequi…

Notes Ala. Admin. Code r. 355-4-1-.06 Filed December 6, 1989; effective January 15, 1990. Repealed and New Rule: Filed November 15, 2001; effective December 20, 2001. Amended: Filed January 18, 2008; effective February 22, 2008. Repealed: Filed August 3, 2012; effective September…

(1) The Division of Purchasing will establish a Purchasing/Credit Card program through a competitive solicitation process. The resulting contract or contracts will be for a period not to exceed the maximum term set out in Section 41-16-27(e) of the Code of Ala. 1975. Notes Ala. A…

The Office of the Chief Procurement Officer will establish a Purchasing/Credit Card program through a competitive solicitation process. The resulting contract or contracts will be on such terms and conditions as determined by the Chief Procurement Officer to be in the best intere…

(1) Authority to Delegate. (a) Rule of Interpretation. Authority may not be delegated by the Chief Procurement Officer or by the head of a Purchasing Agency unless so provided in the State Procurement Code or these Rules. (b) General. Except as otherwise provided in these Rules, …

(1) Definitions. (a) Capability, as used in Code of Ala. 1975, § 41-4-130(7) (Definitions, Responsible Bidder or Offeror) of the State Procurement Code, means, for the purpose of these Rules, capability at the time of award of the contract. (b) Discussions, as used in the source …

(1) The Invitation for Bids.(a) Use. The Invitation for Bids is used to initiate a competitive sealed bid procurement. (b) Content. At a minimum, the Invitation for Bids shall include the following:1. instructions and information to bidders concerning the bid submission requireme…

(1) Use of Competitive Sealed Proposals.(a) When Competitive Sealed Bidding is Not Practicable. Competitive sealed bidding is not practicable unless the nature of the procurement permits award to a low bidder who agrees by its bid to perform without condition or reservation in ac…

Notes Ala. Admin. Code r. 355-4-3-.04 Adopted by Alabama Administrative Monthly Volume XL, Issue No. 09, June 30, 2022, eff. 8/14/2022; operative 10/1/2022. Amended by Alabama Administrative Monthly Volume XLI, Issue No. 06, March 31, 2023, eff. 5/15/2023. Reserved by Alabama Adm…

(1) Application. In accordance with Code of Ala. 1975, § 41-4-134 (Small Purchases), this Rule establishes $25,000 as the amount for supplies or services below which small purchase procedures may be used for procurements, except as otherwise provided in this Rule. (2) Authority t…

(1) Conditions for Use of Sole Source Procurement. Sole source procurement is not permissible unless a required supply or service is available from only a single supplier. A requirement for a particular proprietary item does not justify a sole source procurement if there is more …

(1) Definition of Emergency Conditions. An emergency condition is a situation which creates a threat to public health, welfare, or safety such as may arise by reason of floods, epidemics, riots, equipment failures, or such other reasons. The existence of such condition creates an…

In accordance with Code of Ala. 1975, § 41-4-137, Special Procurements may be initiated when an unusual or unique situation exists that makes the application of all requirements of competitive sealed bidding or competitive sealed proposals contrary to the public interest. The Chi…

(1) Cancellation of Solicitation-Notice. Each solicitation issued by the State shall state that the solicitation may be cancelled as provided in this Rule. (2) Cancellation of Solicitation; Rejection of All Bids or Proposals.(a) Prior to Opening.1. As used in this Section, "openi…

(1) Application. A determination of responsibility or nonresponsibility shall be governed by this Rule. (2) Standards of Responsibility.(a) Standards. Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective contrac…

Prospective contractors may be prequalified for bidder lists, but distribution of the solicitation shall not be limited to prequalified contractors, nor may a prospective contractor be denied award of a contract simply because such contractor was not prequalified. The fact that a…

(1) Meaning of Terms Not Defined in the State Procurement Code (a) Adequate Price Competition. Price competition exists if competitive sealed proposals are solicited and at least two responsible offerors independently compete for a contract to be awarded to the responsible offero…

(1) Prohibition of Cost-Plus-a-Percentage-of-Cost Contracting. Except for a cost-plus-a-percentage-of-cost contract, which is prohibited by Code of Ala. 1975, § 41-4-143, the use of any type of contract is permissible. Questions of whether a contract type is permitted or prohibit…

(1) Duration. Multi-year contracts may not exceed five years in duration, including any extensions or renewals, unless determined otherwise in writing by the Chief Procurement Officer. (2) Multi-Year Contract Procedure.(a) Solicitation. The solicitation shall state:1. the amount …

(1) Definitions. (a) Brand Name Specification means a specification limited to one or more items by manufacturers' names or catalogue numbers. (b) Brand Name or Equal Specification means a specification which uses one or more manufacturer's names or catalogue numbers to describe …

(1) General Purpose and Policies. (a) Use of Functional or Performance Descriptions. Specifications shall, to the extent practicable, emphasize functional or performance criteria while limiting design or other detailed physical descriptions to those necessary to meet the needs of…

(1) Protester. Protester means any bona fide actual or prospective bidder or offeror who is aggrieved in connection with the solicitation or the award of a contract and who files a protest. (2) Filing of Protest. (a) When Filed. A protest is considered filed when received by the …

(1) Application. This Rule applies to all debarments or suspensions of persons from consideration for award of contracts imposed by the Chief Procurement Officer. (2) Suspension. (a) Initiation. After consultation with the affected Using Agency and, where practicable, the contrac…

(1) General. It is the State's policy to try to resolve all controversies by mutual agreement without litigation. In the event of any dispute between the State and a contractor, senior officials of both parties shall meet and engage in a good faith attempt to resolve the dispute.…

Notes Ala. Admin. Code r. 355-4-6-.04 The adopted version of this section by Alabama Administrative Monthly Volume XLI, Issue No. 06, March 31, 2023, filed March 20, 2023 is not yet available.

Form 1 al0802 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0802.jpg Form 2 al0803 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0803.jpg Notes Ala. Admin. Code r. 355-5-1-.01

Form 3 al0804 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0804.jpg Form 4 al0805 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0805.jpg Notes Ala. Admin. Code r. 355-5-1-.02

Form 5 al0806 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0806.jpg Notes Ala. Admin. Code r. 355-5-1-.03

Form 6 al0807 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0807.jpg Form 7 al0808 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0808.jpg Form 8 al0809 See Form at http://www.alabamaadministrativecode.sta…

Form 13 al0814 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0814.jpg Notes Ala. Admin. Code r. 355-5-1-.05

Form 14 al0815 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0815.jpg Form 15 al0816 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0816.jpg Form 16 al0817 See Form at http://www.alabamaadministrativecode.…

Form 18 al0819 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0819.jpg Form 19 al0820 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0820.jpg Form 20 al0821 See Form at http://www.alabamaadministrativecode.…

Form 22 al0823 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0823.jpg Form 23 al0824 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0824.jpg Form 24 al0825 See Form at http://www.alabamaadministrativecode.…

Form 30 al0831 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0831.jpg Form 31 al0832 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0832.jpg Notes Ala. Admin. Code r. 355-5-1-.09

Form 32 al0833 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0833.jpg Form 33 al0834 See Form at http://www.alabamaadministrativecode.state.al.us/docs/graphics/aladmn/AL0834.jpg Notes Ala. Admin. Code r. 355-5-1-.10

Form 34 al0835 See Form at http://www.alabamaadministrativecode.state.al.usdocs/graphics/aladmn/AL0835.jpg Notes Ala. Admin. Code r. 355-5-1-.11 Ed. Note: Chapter 355-5-1 "Forms" filed September 30, 1982. Repealed and new chapter (same title) adopted in lieu thereof: Filed Decemb…

(1) Any person who wishes to propose that the Department Finance adopt, repeal, or amend any rule may do so on the form prescribed by the department and supplied by the department's attorney. (2) The department shall meet and consider any petition for adoption, repeal, or amendme…

(1) The department shall give at least 35 days' notice of any proposed action on any rule by publication in the Alabama Administrative Monthly in compliance with the Alabama Administrative Procedure Act, Section 5(l)(a). (2) Any person who wishes to receive notice by mail of all …

The department shall permit all interested persons reasonable opportunity to submit data, views, or arguments concerning any proposed rule action. Data, views, or arguments submitted in writing must be received by the department's attorney at least seven (7) days before the date …

The department shall fully consider all written and oral submissions concerning every proposed rule action. Upon adoption of a rule, the department, if conflicting views are submitted on the proposed rule, shall issue a concise statement of the principal reasons for and against i…

In the event the department finds that an immediate danger to the public health, safety, or welfare requires adoption of a rule upon fewer than 35 days' notice of that action is required by or to comply with a federal statute or regulation which requires adoption of a rule fewer …

All rules adopted by the department shall otherwise substantively and procedurally comply substantially with the provisions of the Alabama Administrative Procedure Act. Author: Notes Ala. Admin. Code r. 355-6-1-.06 Filed September 30, 1982. Appendix A PETITION FOR ADOPTION OF RUL…

(1) The Department of Finance may issue declaratory rulings to any person substantially affected by a rule with respect to the validity of the rule, or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the departmen…

Creation of this program was directed by Act 94-680, Regular Session 1994, Alabama State Legislature. Concurrently, there was established the State Employee Injury Compensation Trust Fund, with all receipts deposited in the Trust Fund used only to carry out the provisions of Act …

(a) Definitions. Throughout this program, the following words and phrases as used therein shall be considered to have the following meanings, respectively, unless the context shall clearly indicate a different meaning in the connection used:(1) Accident. The term, as used in the …

(a) Compensation, according to the schedules hereinafter contained, shall be paid by the employer, in every case of personal injury or death of his or her employee caused by an accident arising out of and in the course of his or her employment, without regard to any question of n…