Title 41 — Title 41

Written determinations required by this article shall be retained in the appropriate official contract file of the Chief Procurement Officer or the purchasing agency. History: (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 …

of Sinking Fund; Cancellation and Destruction of Bonds Purchased. Instead of, or in lieu of, using sinking funds, as is provided for in this article, the Director of Finance, by and with the advice and consent of the Governor, may purchase, upon the best terms obtainable, state b…

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

of Article; Procurement of Supplies or Services. (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 transferr…

(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…

State. 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 t…

2026.] AMENDED BY ACT 2026-593, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (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 compe…

(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…

If any state sinking funds or any part thereof cannot be invested profitably in any of the other modes provided for in this article, the Director of Finance, by and with the advice and consent of the Governor, may direct the Treasurer to deposit any sinking fund or part thereof i…

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. History: (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. History: (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…

as to Sinking Fund. The Director of Finance shall keep a separate book in which separate and full entries shall be made as to all deposits of sinking funds, which entries shall show with what bank deposited, or from whom bonds or other obligations are purchased and the terms of t…

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. History: (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…

Requirements; Certification. (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) STA…

(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 …

Requirements. 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 s…

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. History: (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…

Its Object. This article is not intended and shall not be executed, enforced, or construed so as to allow any diversion or conversion of any particular sinking funds, or part thereof, from the object and purpose for which such particular fund or part thereof was created, but they…

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…

Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009. History: (Code 1852, §92; Code 1867, §130; Code 1876, §136; Code 1886, §228; Code 1896, §3413; Code 1907, §1674; Code 1923, §2923; Acts 1939, No. 112, p. 144; Code 1940, T. 55, §136.)

Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009. History: (Code 1852, §93; Code 1867, §132; Code 1876, §137; Code 1886, §229; Code 1896, §3414; Code 1907, §1675; Code 1923, §2924; Acts 1939, No. 112, p. 144; Code 1940, T. 55, §137.)

Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009. History: (Code 1896, §3415; Code 1907, §1676; Code 1923, §2925; Acts 1939, No. 112, p. 144; Code 1940, T. 55, §138.)

Variations. (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 o…

Certain Officers, Departments, Etc.; Certain Officers to Keep Pamphlets in Books until Acts Published in Permanent Form. Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009. History: (Acts 1949, No. 27, p. 39, §7; Acts 1975, No. 1161, p. 2285, §1; Acts 1981, No. 81-347,…

Size of Pages. Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009. History: (Acts 1949, No. 27, p. 39, §8.)

Acts; Size of Pamphlets; Required Heading. Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009. History: (Acts 1949, No. 27, p. 39, §9.)

Be Delivered in 10 Days; New Contract Upon Failure of Printer to Deliver. Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009. History: (Acts 1949, No. 27, p. 39, §10.)

Commissions, Authorities, Etc.; Exceptions. No bonds or other evidences of indebtedness of any commission or authority created to construct or reconstruct highway bridges, approaches and appurtenances thereto, any state rural electrification authority, any electric membership cor…