Title 41 — Title 41

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 REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022.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.)

No contract awarded to the lowest responsible bidder shall be assignable by the successful bidder without written consent of the awarding authority, and in no event shall a contract be assigned to an unsuccessful bidder whose bid was rejected because he or she was not a responsib…

Positions. Members and officers of the city and county boards of education and the district boards of education of independent school districts may be financially interested in or have any personal beneficial interest, either directly or indirectly, in the purchase of or contract…

Violation of Article. Any taxpayer of the area within the jurisdiction of the awarding authority and any bona fide unsuccessful bidder on a particular contract shall be empowered to bring a civil action in the appropriate court to enjoin execution of any contract entered into in …

The provisions of this article shall not be applicable to any contracts made by a municipality pursuant to the provisions of Act No. 4 adopted at the 1956 Second Special Session of the Legislature of Alabama, as amended, which relates to the promotion of trade by inducing commerc…

This article shall be cumulative in its nature. History: (Acts 1967, Ex. Sess., No. 217, p. 259, §12.)

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The Legislature finds and declares that the best interests of the taxpayers of Alabama are served when competition exists in the procurement of goods and se…

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The following terms as used in this article shall have the following meanings: (1) GSA CONTRACT. A contract for goods or services established by the General…

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Any other provision of law notwithstanding, the procurement of professional services by any agency, department, board, bureau, commission, authority, public…

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The purchase of insurance shall be pursuant to a competitive qualification based process developed by the Department of Finance. The Alabama State Port Auth…

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. All goods and services purchased under the provisions of this article must be competitively bid or procured as provided for in this article. However, goods …

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. State entities seeking to purchase goods or services from a sole source vendor may do so only upon the approval of the Department of Finance, through the Di…

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The Director of Finance, through the Division of Purchasing, may promulgate rules or regulations necessary for the implementation of this article. The rules…

Laws. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Any person who willfully or intentionally violates this article shall be subject to a civil penalty of not less than five hundred dollars ($500) a…

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) This article shall not apply to any entity that does not receive state funds. (b) This article shall also not apply to direct health care services provi…

Oversight Committee. REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. All contracts which are subject to the requirements of Section 29-2-41, shall remain subject to that section and shall first be reviewe…

The Legislature of Alabama finds and declares that information currently available to the public does not include the disclosure of all persons who for the purpose of financial gain submit a proposal, bid, contract, or grant proposal to the State of Alabama. History: (Act 2001-95…

For purposes of this article, the following terms shall have the following meanings: (1) FAMILY MEMBER OF A PUBLIC EMPLOYEE. The spouse or a dependent of the public employee. (2) FAMILY MEMBER OF A PUBLIC OFFICIAL. The spouse, a dependent, an adult child and his or her spouse, a …

(a) This article shall only apply to either of the following: (1) A proposed grant that exceeds twenty-five thousand dollars ($25,000). (2) A proposed contract that meets or exceeds the threshold for bid or other formal solicitations under Article 5 of Chapter 4 of Title 41 or an…

(a) The information required on the disclosure statement shall include, but not be limited to, the following: (1) A list of the names and addresses of any public official, public employee, and family members of the public official or public employee who may have a family relation…

Each state agency, department, or division receiving a proposal, bid, contract, or grant proposal from all persons shall inform each person of this article and shall give each person a disclosure statement to complete. It shall be an affirmative defense under this article if any …

(a) A copy of the disclosure statement shall be filed as required by this article, retained as required by the State Records Commission, and made available for review for audit purposes by the Department of Examiners of Public Accounts or other auditing authority. If the disclosu…

(a) A person who knowingly violates this article shall be subject to civil penalty in an amount of ten thousand dollars ($10,000), or 10 percent of the amount of the contract, whichever is less, to be deposited in the State General Fund. The statute of limitations for the acts co…

This article shall not apply to either of the following: (1) Any person that does not receive state funds under a grant or a contract. (2) Any grants or contracts between public procurement units. History: (Act 2001-955, 2001 p. 815, §8; Act 2025-35, §1.)

Nothing in this article shall be construed to alter, amend, or repeal any disclosure required under the ethics law. History: (Act 2001-955, 2001 p. 815, §9.)

This chapter shall be known and may be cited as the Alabama Governmental Leasing Act. History: (Acts 1993, No. 93-261, p. 389, §1.)

Any grantor party and each person claiming by, through, or under a grantor party may conclusively rely on the legal authority of a governmental entity to enter into an alternative financing contract and to perform the obligations of such governmental entity thereunder. History: (…

It is hereby found, determined, and declared that the provisions of this chapter are declaratory of existing law and the provisions of this chapter shall not be construed adversely to the legality, authorization, or validity of any contract, agreement, or arrangement heretofore e…

It is hereby found and declared by the Legislature of Alabama that it is in the public interest that the state, political subdivisions, agencies, boards, commissions, and departments thereof, the various counties of the state, the various municipal corporations within the state, …

For the purposes of this chapter, the following terms shall have the respective meanings provided by this section: (a) ALTERNATIVE FINANCING CONTRACT. A lease, lease-purchase, lease with option to purchase, installment-sale agreement or arrangement, or other similar agreement or …

Contracts. In addition to and not as a limitation upon other powers and authority, any governmental entity shall have the power and authority to execute, perform, and authorize payments under any alternative financing contract relating to any eligible property deemed by such gove…

Distinction May Be Made; Allowable Pledge Payment Sources; Classification of Entity’s Contracting and Contracts. (a) Alternative financing contracts may be for such term, provide for such renewal or extension options, provide for such terminating events, provide for the payment o…

Nothing in this chapter shall restrict governmental entities from executing contracts arising out of their proprietary functions. History: (Acts 1993, No. 93-261, p. 389, §6.)

Pursuant to This Chapter. The provisions of any alternative financing contract that are either permitted or required to be included therein pursuant to this chapter shall be valid and enforceable in accordance with their terms notwithstanding any other laws of the state to the co…

Alternative financing contracts or any interest therein shall be a legal and authorized investment for banks, savings and loan associations, insurance companies, fiduciaries, and trustees. History: (Acts 1993, No. 93-261, p. 389, §8.)

To the extent of any conflict or inconsistency between any provisions of this chapter and any provisions of any other law as applied to alternative financing contracts entered into in accordance with this chapter, the provisions of this chapter shall prevail and control. Subject …