Title 41 — Title 41

Contract. Repealed by Acts 1997, No. 97-225, p. 348, §4, effective April 22, 1997.

(a) The Director of the Department of Economic and Community Affairs shall be responsible for the distribution, transfer, or disposal of all surplus personal property owned by the state and all right, title, interest, and equity in the property shall be transferred to the departm…

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 by those agencies determined to be eligible for such acquisition under crit…

(a) The division shall be authorized to collect fees for transfer, handling, shipping, classification, warehousing, bidding, destruction, scrapping, or other disposal of property and such other fees as may be deemed appropriate in order to insure the continued efficient operation…

This section shall apply only to that property that has been held by the division for a period of not less than 60 days from the date the property is first published in the list of surplus property, as set out in subsection (b) of Section 41-16-121, and not purchased by any eligi…

All personnel, including those on personal service contracts, working within the Surplus Property Division of the Department of Economic and Community Affairs at the passage of this article shall, by virtue of this section, be considered to meet the requirements of the department…

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 14, 1977, and accepted by the General Services Administration on September 14, 1977, shall become the permanent state plan …

This article shall be known as the “Guaranteed Energy Cost Savings Act.” History: (Act 98-663, p. 1450, §1.)

For purposes of this article, the following terms shall have the following meanings: (1) ENERGY COST SAVINGS MEASURE. A training program or new facility or existing facility alteration designed to reduce energy consumption or operating costs, or water and other natural resources …

(a) A governmental unit may enter into a guaranteed energy cost savings contract in order to reduce energy consumption or operating costs of government facilities in accordance with this article. (b) All energy cost savings measures shall comply with current local, state, and fed…

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 any proposal from a qualified provider and shall select the qualifi…

The provisions of this article shall not be construed to alter or circumvent present law which requires education support personnel to work under the direct supervision, employment, and/or control of local boards of education. History: (Act 98-663, p. 1450, §5.)

As used in this article, the following terms have the following meanings: (1) COMPANY. A for-profit entity, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company. The term does not incl…

Companies That Meet Certain Criteria; Waiver. (a) This section applies only to a contract that meets both of the following: (1) Is between a governmental entity and a company with 10 or more full-time employees. (2) Will pay or may pay a company at least fifteen thousand dollars …

(a) No party may take action to penalize or threaten to penalize any governmental entity, company, or business for compliance with Section 41-16-161. (b) Any party violating a commitment made under Section 41-16-161(b) or otherwise violating subsection (a) of this section shall h…

for Declining, to Engage in Economic Boycotts, Etc. (a) No company in this state shall be required by a governmental entity to engage in economic boycotts, to establish or implement policies, procedures, guidelines, rules, reports, products, services, notices, disclosures, or rat…

The Attorney General shall seek to prohibit the adoption of federal laws, rules, regulations, bulletins, executive orders, or other federal actions that may penalize, inflict economic harm on, limit commercial relations with, or change or limit the activities of a company in the …

If any provision of this article or its application to any person or circumstances is held invalid, then the invalidity does not affect other provisions or applications of this article, which can be given effect without the invalid provision or application, and to this end the pr…

(a) This article may be enforced only by the Attorney General. If the Attorney General declines to enforce a violation of Section 41-16-163, a company can bring a civil action against the governmental entity to seek injunctive relief only. (b) If the Attorney General has reasonab…

A prosecution for any offense in violation of the competitive bid laws of Articles 2 and 3 of this chapter must be commenced within six years after the commission of the offense. History: (Acts 1981, No. 81-350; Acts 1981, No. 81-851, p. 1529.)

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 for labor, services, work, or for the purchase or leas…

Which Competitive Bidding Not Required Generally. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Competitive bids shall not be required for utility services where no competition exists or where rates…

Purchasing Agreements. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) In the event that utility services are no longer exempt from competitive bidding under this article, non-adjoining counties may n…

Certain Departments or Agencies Whose Principal Business Is Honorariums from Competitive Bid Laws. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. All laws to the contrary notwithstanding, any state depar…

Bidding Not Required on Purchases from Federal Government. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The state may without advertisement or receiving competitive bids purchase materials, equipment, …

Contracts Without Public Advertisement Authorized in Case of Emergencies Affecting Public Health, Safety, Etc. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. In case of emergency affecting public health,…

Advertisement for and Solicitation of Bids; Opening of Bids; Public Inspection; Reverse Auction Procedures; Certain Partial Contracts Void. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)(1) The Purch…

Agreements or Collusion Among Bidders in Restraint of Competition; Sworn Statements as to Agreements to Accompany Bids. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Any agreement or collusion among bid…

Advance Disclosure of Terms of Bid. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Any disclosure in advance of the terms of a bid submitted in response to an advertisement for bids shall render the proc…

Awarding Contracts; 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 responsible bidder taking into consideration the qualities of the commodities proposed to be s…

Faithful Performance of Contract to Be Required. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Bond in a responsible sum for faithful performance of the contract, with adequate surety, shall be required…

of Contracts. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. No contract awarded to the lowest responsible bidder shall be assignable by the successful bidder without written consent of the awarding auth…

(a) Whenever the State of Alabama is a party to any contract, the contract shall be executed by all parties in a timely fashion. When a party to a contract, other than the state, has fully executed the responsibility under the contract and there remains only the payment of funds …

Interest of Purchasing Agents, Assistants, Etc., Generally; Making of Purchases or Awarding of Contracts in Violation of Article. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Neither the Purchasing Age…

Actions to Enjoin Execution of Contracts Entered into in Violation of Article. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Any taxpayer of the area within the jurisdiction of the awarding authority an…

Article Cumulative; Repeal of Other Provisions of Law. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. This article shall be cumulative in its nature. All conflicting provisions of law are hereby expressl…

The reverse auction process shall not be used to procure professional services of architects, landscape architects, engineers, land surveyors, geoscience and other professions, as described in Section 41-16-51(a)(3), or contracts for construction, repairs, renovation, or maintena…

(a) For the purposes of this section, the following terms shall have the following meanings: (1) BOYCOTT. To blacklist, divest from, or otherwise refuse to deal with a person or business entity when the action is based on race, color, religion, gender, or national origin of the t…

(a) With the exception of contracts for public works whose competitive bidding requirements are governed exclusively by Title 39, all expenditure of funds for labor, services, work, or for the purchase of materials, equipment, supplies, or other personal property involving thirty…

(a) Competitive bids for entities subject to this article shall not be required for utility services, the rates for which are fixed by law, regulation, or ordinance, and the competitive bidding requirements of this article shall not apply to any of the following: (1) The purchase…

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 for the provision of services or for the provision of primarily services even though the contract may inc…

During Certain Emergencies or Unanticipated Events. (a)(1) During an emergency or unanticipated event affecting public health or safety or causing supply chain disruptions, and upon the recommendation of the State Superintendent of Education and the approval of the Department of …

Construction Equipment May Be Made Without Regard to Provisions of Article. (a) All expenditures of funds for repair parts and the repair of heavy duty off- highway construction equipment or of any vehicles with a gross vehicle weight rating of 25,000 pounds or greater, including…

(a) For purposes of this section, the term “awarding authority” means any county commission, governing body of a municipality, or an instrumentality of a county or municipality, including a waterworks board, a sewer board, a gas board, or other like utility boards and commissions…

Likely to Cause Harm to an Individual or Public Property. Notwithstanding any law to the contrary, in the event circumstances arise for which a delay would likely cause harm to an individual or public property, a contract may be let to the extent necessary to mitigate the harm wi…

Auction Procedures; Public Inspection. (a)(1) All proposed purchases of thirty thousand dollars ($30,000) or more shall be advertised by posting notice thereof on a bulletin board maintained outside the purchasing office and in any other manner and for any length of time as may b…

Competition; Knowing Participation in Collusive Agreement; Penalties. (a) Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition, by agreement, to bid at a fixed price or to refrain from bidding or otherwise shall render the bids of…

Any disclosure in advance of the terms of a bid submitted in response to an advertisement for bids shall render the proceedings void and require advertisement and award anew. History: (Acts 1967, Ex. Sess., No. 217, p. 259, §5.)

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 qualities of the commodities proposed to be supplied, their conformity with specifications, th…

Bond in a responsible sum for faithful performance of the contract, with adequate surety, may be required in an amount specified in the advertisement for bids. History: (Acts 1967, Ex. Sess., No. 217, p. 259, §8.)