Title 41

As used in this division, the term “specification” means any description of the physical or functional characteristics, or of the nature of a supply or service, and may include a description of any requirement for inspecting, testing, or preparing a supply or service for delivery…

(a) The Chief Procurement Officer, by rule, may set standards for the preparation, maintenance, and content of specifications for supplies or services required by the state. (b) The Chief Procurement Officer shall monitor the use of specifications for supplies or services require…

(a) The Chief Procurement Officer may adopt rules permitting or requiring the inclusion of clauses providing for adjustments in prices, time of performance, or other contract provisions as appropriate covering both of the following subjects: (1) The unilateral right of the state …

(a) Contracts of a governmental body listed under subsection (b) of Section 41-4-124 are not subject to this part as it relates to the authority of the Chief Procurement Officer and Director of Finance. (b) The governmental bodies listed under subsection (b) of Section 41-4-124 s…

(a)(1) A bona fide prospective bidder or offeror who is aggrieved in connection with the solicitation of a contract may file a notice of intent to protest with the Chief Procurement Officer within five calendar days after the date the solicitation is issued, or after the date any…

(a) After reasonable notice to the person or entity involved and reasonable opportunity for that person or entity to be heard, the Chief Procurement Officer, after consultation with the using agency, may do either of the following: (1) Terminate existing contracts and debar a per…

The Chief Procurement Officer, by rule, shall establish procedures to resolve disputes between the state and a contractor that arise under, or by virtue of, a contract between them, including disputes based upon breach of contract, mistake, misrepresentation, or other cause for c…

(a) A party that receives an adverse decision from the Chief Procurement Officer under Section 41-4-161(c) or Section 41-4-162(c) may appeal the decision to the Director of Finance. (b) Any appeal to the Director of Finance shall be made in writing within five days after receipt …

This part applies when a determination is made that a solicitation or award of a contract is in violation of law. (Act 2021-296, §2.)

If, prior to an award, a solicitation or proposed award of a contract is determined to be in violation of law, the solicitation or proposed award shall be cancelled or revised to comply with the law. (Act 2021-296, §2.)

If, after an award, a solicitation or award of a contract is determined to be in violation of law, then: (1) If the person awarded the contract has not acted fraudulently or in bad faith, the contract may be ratified and affirmed by the Chief Procurement Officer, so long as doing…

A bona fide unsuccessful bidder or offeror on a particular contract who has exhausted the administrative remedies contained in this division and any taxpayer of the area within the jurisdiction of the awarding authority may bring a civil action in the Circuit Court of Montgomery …

As used in this division, the following terms shall have the following meanings: (1) COOPERATIVE PURCHASING. Procurement conducted by, or on behalf of, one or more public procurement units. (2) EXTERNAL PROCUREMENT ACTIVITY. A buying organization not located in this state which, …

(a) A public procurement unit that is governed by this article may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies or services with one or more public procurement units in accordance with an agreement e…

A public procurement unit may sell to, acquire from, or use any supplies or services belonging to another public procurement unit without regard to the requirements of Division 3. (Act 2021-296, §2; Act 2023-542, §1.)

A public procurement unit may enter into an agreement, without regard to the requirements of Division 3, with any other public procurement unit for the cooperative purchase or use of supplies or services under the terms agreed upon between the parties. (Act 2021-296, §2.)

(a) When a public procurement unit administering a cooperative purchase complies with the requirements of this article, a public procurement unit participating in the purchase shall be deemed to have complied with this article. (b) Public procurement units may not enter into a co…

To the extent possible, the chief procurement officer of any public procurement unit may collect information concerning the type, cost, quality, and quantity of commonly used supplies or services being procured or used by public procurement units and make the collected informatio…

Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved between the ordering public procurement unit and the supplying bidders, offerors, or contractors in accorda…

(a) It is the policy of the state that the Chief Procurement Officer shall provide reasonable procurement assistance to small and disadvantaged businesses in this state. (b) The Chief Procurement Officer shall identify programs designed to assist small and disadvantaged businesse…

(a) For purposes of this section, the following terms shall have the following meanings: (1) MINORITY INDIVIDUAL. An individual who is a citizen or lawful permanent resident of the United States, and who is any of the following: a. African American: An individual having origins i…

When a procurement involves the expenditure of federal assistance or contract funds, the Chief Procurement Officer shall comply with any applicable federal law and regulations. (Act 2021-296, §2.)

No state agency or institution may purchase a United States flag or Alabama flag manufactured outside of the United States of America. (Act 2022-113, §1.)

There shall be in the Department of Finance the Division of Service. The functions and duties of the Division of Service shall be as follows: (1) To provide for the stamping and mailing for each state department, board, bureau, commission, agency, and office located and operating…

The Division of Service shall be headed by and be under the direction, supervision and control of an officer who shall be designated the Chief of Service. The Chief of Service shall be appointed by the Director of Finance, with the approval of the Governor. (Acts 1939, No. 112, p…

The City Council of Montgomery may, with the approval of the Governor, pass such ordinances as may be necessary for the protection of the grass, trees, and other public property on the Capitol grounds, but no ordinance or bylaw of the City Council of Montgomery shall be operative…

There shall be in the Department of Finance a legal division. (Acts 1953, No. 448, p. 552, §1.)

The legal division shall be headed by and be under the direction, supervision, and control of the chief of said division. Any vacancy in this office shall, subject to the provisions of the state Merit System law, be filled by appointment by the Director of Finance, with the appro…

The chief of the legal division shall be an assistant attorney general, shall take the oath required of other assistant attorneys general, shall be commissioned as an assistant attorney general, and shall, in addition to the duties and functions herein provided for, have the duti…

The chief of the legal division shall confer with and advise the Director of Finance and any and all of the subordinate officers and employees of the Department of Finance on all legal matters pertaining to said department. He or she shall furnish either verbal or written opinion…

The chief of the legal division shall represent the State Board of Adjustment in all legal matters, and the legal division shall do and perform all clerical duties and functions prescribed by the board. He or she shall attend all hearings of the board and advise with the members,…

There shall be in the Department of Finance an office of space management. (Acts 1973, No. 1294, p. 2206, §1.)

The functions, powers, and duties of the division of space management shall be as follows: (1) To formulate a statewide space management program. (2) To establish long-range plans in regard to state space needs. (3) To make studies, surveys, investigations, and inventories of all…

The office of space management shall be headed by and under the supervision, direction, and control of an officer who shall be designated director of space management. He or she shall be appointed, subject to the provisions of the state Merit System law, by the Director of Financ…

The Director of Finance may employ, subject to the provisions of the state Merit System, such additional employees as may be needed and fix their compensation in accordance with the state Merit System pay plan. (Acts 1973, No. 1294, p. 2206, §3.)

There shall be created within the Department of Finance the Division of Risk Management. (Acts 1990, No. 90-672, p. 1300, §1.)

The function, powers and duties of the Division of Risk Management shall be as follows: (1) To carry out the provisions of Section 41-15-1 et seq., relating to the State Insurance Fund and Section 36-1-6.1 relating to the State Liability Insurance Fund; (2) To assist and advise t…

(a) The Division of Risk Management shall have the authority to institute, manage, and administer programs of insurance, not specifically enumerated herein and which do not conflict with existing laws, upon a determination by the Director of Finance and the Governor that such ins…

The provisions of this article shall not apply to: universities and colleges; the port authority; or county and city boards of education, except as is already required by Section 41-15-1 et seq., relating to the State Insurance Fund. Provided however that universities and college…

There shall be no commingling of funds between various self-insured programs. (Acts 1990, No. 90-672, p. 1300, §4.)

The Division of Risk Management shall be headed by and under the supervision, direction and control of an officer who shall be designated “risk manager.” The risk manager shall be appointed and compensated, subject to the provisions of the state Merit System, by the Director of F…

The Director of Finance may employ and compensate such additional employees as may be needed, in accordance with the Merit System. (Acts 1990, No. 90-672, p. 1300, §6.)

The Legislature finds and declares the following: The purpose of this article is to provide for the defense of those indigent defendants who have been found by a court to be unable to pay for their defense or representation in a trial or appellate court proceeding. When a court d…

There is created within the Department of Finance, the Office of Indigent Defense Services, which is subject to the control of the Director of Finance. (Act 2011-678, p. 1862, §2.)

(a) The office shall develop and improve programs to provide legal representation to indigents. (b) The office shall have a director, who shall be chosen by the Director of Finance on the basis of training, experience, and other qualifications. The term of office shall be three y…

(a) The Office of Indigent Defense Services is established to carry out the administrative duties relating to the provision of indigent defense services. The director shall use existing employees of the Department of Finance and its existing offices, as assigned by the Director o…