Title 41

All unencumbered balances of all appropriations shall revert to the State Treasury at the end of each fiscal year and to the credit of the General Fund or the special fund from which the appropriation or appropriations were made. Appropriations for the purchase of land or the ere…

To the end that all expenses of the state may be brought and kept within the budget, the budget appropriation bills shall contain a specific sum or sums as an emergency appropriation or appropriations. Such sum shall not, however, exceed two percent of the total amount appropriat…

It shall be unlawful for any trustee, commissioner, director, manager, building committee, or other officer or person connected with any department, institution, bureau, board, commission, or other state agency to which an appropriation is made to expend any appropriation for any…

A willful and knowing refusal to perform any of the requirements of this article or a willful and knowing refusal to perform any rule or requirement or request of the Governor, Director of Finance, or the Budget Officer made pursuant to or under authority of this article by any t…

(a) For the purposes of this section, the following terms have the following meanings: (1) FEDERAL RECEIPTS. Federal financial assistance received or administered from federal entities in the form of grants, loans, loan guarantees, property, cooperative agreements, interest subsi…

(a) For the purposes of this section, the following terms have the following meanings: (1) FEDERAL RECEIPTS. Federal financial assistance received or administered from federal entities in the form of grants, loans, loan guarantees, property, cooperative agreements, interest subsi…

(a) This article shall be construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this article are to do all of the following: (1) Simplify, clarify, and modernize the law governing procurement by the state. (2) Permit th…

Unless displaced by the particular provisions of this article, the principles of law and equity, including the Uniform Commercial Code, the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, and bankruptcy shall su…

This article requires all parties involved in the negotiation, performance, or administration of state contracts to act in good faith. Good faith means honesty in fact in the conduct or transaction concerned. (1) This article applies to contracts solicited and entered into after …

Written determinations required by this article shall be retained in the appropriate official contract file of the Chief Procurement Officer or the purchasing agency. (Act 2021-296, §2.)

(a) For purposes of this article, the following words have the following meanings: (1) BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or other private legal entity. (2) CAPITAL EQUIPMENT. Tangible personal property tha…

(a) Except as provided in subsection (b), procurement information is a public record to the extent provided by state law and shall be available to the public. (b) Procurement information that is any of the following is not a public record: (1) Commercial or financial information …

The use of electronic media, including acceptance of electronic signatures, is authorized consistent with the state’s applicable statutory, regulatory, or other guidance for use of the media, so long as the guidance provides for both of the following: (1) Appropriate security to …

There is created within the Department of Finance the Division of Procurement, headed by the Chief Procurement Officer. (Act 2021-296, §2; Act 2023-542, §1.)

The Chief Procurement Officer shall be appointed by the Director of Finance with the approval of the Governor. The Chief Procurement Officer shall have relevant, recent experience in public procurement and shall be a person with demonstrated executive and organizational ability. …

(a) The Chief Procurement Officer shall serve as the central procurement officer of the state. (b) Consistent with this article, the Chief Procurement Officer shall adopt operational procedures governing the internal functions of the Division of Procurement. (c) Except as otherwi…

Subject to rules adopted under this article, the Chief Procurement Officer may delegate his or her authority to designees or to any department, agency, or official. (Act 2021-296, §2.)

(a) Except as otherwise provided in this article, all rights, powers, duties, and authority relating to the procurement of supplies and services now vested in, or exercised by, any governmental body under existing law are transferred to the Chief Procurement Officer. (b) The foll…

(a)(1) Except as otherwise provided in this section, attorneys retained to represent the state in litigation shall be appointed by the Attorney General in consultation with the Governor from a list of attorneys maintained by the Attorney General. All attorneys interested in repre…

Physicians retained to provide medical services to the State of Alabama shall be selected by the purchasing state entity from a list of qualified physicians maintained by the Alabama Medical Licensure Commission. All physicians interested in providing medical services to the Stat…

(a) Unless otherwise ordered by rule, with approval of the Governor, the following supplies and services need not be procured through the Division of Procurement and are exempt from the competitive requirements of this article: (1) Works of art for museum and public display. (2) …

(a) The Chief Procurement Officer, with approval of the Director of Finance and the Governor, shall adopt rules to implement and administer this article. The rules shall be made in accordance with the applicable provisions of the Administrative Procedure Act. (b) The Chief Procur…

The Chief Procurement Officer shall collect and prepare statistical data concerning the procurement of all supplies and services and employ trained personnel as may be necessary to carry out this function. All using agencies shall furnish reports as required by the Chief Procurem…

(a) The Chief Procurement Officer may establish a Procurement Advisory Council. If created, the council, upon adequate public notice, shall meet at least once a year for the discussion of problems and recommendations for improvement of the procurement process. When requested by t…

As used in this division, the following terms shall have the following meanings: (1) COST-REIMBURSEMENT CONTRACT. A contract under which a contractor is reimbursed for costs that are allowable and allocable in accordance with the contract terms and the provisions of this article,…

(a) Unless otherwise authorized by law, all state contracts shall be awarded by the use of one of the following methods: (1) Competitive sealed bids, pursuant to Section 41-4-132. (2) Competitive sealed proposals, pursuant to Section 41-4-133. (3) Small purchase procedures pursua…

(a) Except as otherwise provided in this division, contracts shall be awarded by competitive sealed bidding. (b) An invitation to bid shall be issued and shall include a purchase description and all contractual terms and conditions applicable to the procurement. (c) Adequate publ…

(a)(1) A contract may be entered into by competitive sealed proposals when the Chief Procurement Officer or the head of a purchasing agency, in accordance with rules, determines that the use of competitive sealed bidding is either not practicable or not advantageous to the state.…

Any procurement not exceeding the small purchase amount established by rule may be made in accordance with small purchase procedures. A procurement may not be artificially divided so as to constitute a small purchase under this section. (Act 2021-296, §2)

A contract may be awarded for a supply or service without competition when the Chief Procurement Officer determines in writing that there is only one source for the required supply or service. In any event, sole source contracts may not exceed one year unless the Chief Procuremen…

(a) Notwithstanding any other provision of this article, the Chief Procurement Officer or the head of a purchasing agency may make emergency procurements when there is a threat to public health, welfare, or safety under emergency conditions, as defined by rule. Emergency procurem…

Notwithstanding any other provision of this article, the Chief Procurement Officer or the head of a purchasing agency, with prior public notice, may initiate a procurement above the small purchase amount specified in Section 41-4-134 when the officer or agency head determines tha…

When it is determined to be in the best interest of the state, as specified by rule, an invitation to bid, a request for proposals, or other solicitation under this article may be cancelled, and any or all bids or proposals received may be rejected. (Act 2021-296, §2)

(a) A written determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules adopted by the Chief Procurement Officer. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to re…

Prospective suppliers may be prequalified for particular types of supplies or services. The method of submitting prequalification information and the information required in order to be prequalified shall be determined by the Chief Procurement Officer. (Act 2021-296, §2)

The Chief Procurement Officer may request factual information reasonably available to the bidder or offeror to substantiate that the price or cost offered, or some portion of it, is reasonable when either of the following occurs: (1) The price is not any of the following: a. Base…

(a) For the purpose of this section, the following terms shall have the respective meanings ascribed by this section: (1) AFFILIATE. A related party as defined in subsection (b) of Section 40-23-190 as that provision exists on January 1, 2004. (2) STATE DEPARTMENT OR AGENCY. Ever…

(a) Subject to the limitations of subsection (b), any type of contract that will promote the best interests of the state may be used under this article. (b)(1) The use of a cost-plus-a-percentage-of-cost contract is prohibited. (2) A cost-reimbursement contract may be used only w…

(a) Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time that is in the best interests of the state, so long as the terms of the contract and the conditions of renewal or extension, if any, are included in the solicitati…

The Chief Procurement Officer or his or her designee, at reasonable times, may inspect a part of the plant, the place of business, or the logical and physical electronic systems of a contractor or any subcontractor that is related to the performance of any contract awarded or to …

In addition to the authority of the Department of Examiners of Public Accounts, as set forth under Chapter 5A of Title 41, the Department of Finance, at reasonable times and places, may audit or examine the books and records of any person who has submitted data in substantiation …

The determinations required by subsection (f) of Section 41-4-132, subsection (a) or (g) of Section 41-4-133, Section 41-4-135, Section 41-4-136, Section 41-4-137, subsection (a) of Section 41-4-139, Section 41-4-141, Section 41-4-143, and subsection (b) of Section 41-4-144 are f…

When for any reason collusion or other anti-competitive practices are suspected during the procurement process, a notice of the relevant facts shall be transmitted to the Attorney General and, if applicable, to the Ethics Commission. (Act 2021-296, §2)

(a) The Chief Procurement Officer shall maintain a record listing all contracts made under Section 41-4-135, 41-4-136, or 41-4-137 for a minimum of one year. The record shall contain all of the following: (1) Each contractor’s name. (2) The amount and type of each contract. (3) A…

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…