Code of Alabama

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9-10-7
Section 9-10-7 Contracts for construction work and purchases of materials. All contracts for
construction work and purchases of materials shall be awarded on the basis of competitive
bids. Before construction is started on any project, the corporation shall advertise for sealed
bids once each week for three consecutive weeks in a newspaper of general circulation in the
county in which the project or undertaking is to be located and in such other publications
as it may deem advisable. Such notices shall state that plans and specifications for the project
are on file in the office of the corporation and the time and place for receiving and opening
bids. All bids shall be opened publicly at the advertised time and place. The contract shall
be awarded to the lowest responsible bidder complying with the conditions of the invitations
for bids unless the bid is found by the corporation to be unreasonable or it is found not
to the best interests of the corporation to accept it. The bidder to...
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41-10-271
Section 41-10-271 Acquisition, construction, etc., of judicial facilities; award of contract;
payments under contract; Building Commission expenses; revision of plans. The authority shall
proceed with the acquisition, construction, installation and equipping of the judicial facilities
as soon as may be practicable following the sale of the authority's bonds. Such acquisition,
construction, installation and equipping shall be done by the authority under the supervision
of the Building Commission upon the award of a contract or contracts for each part of the
work to the lowest responsible bidder after advertisement for and public opening of sealed
bids; provided, that for the purpose of determining the lowest responsible bidder, the invitation
for bids and the bidding documents shall be so arranged that alternates from the base bid
shall constitute cumulative deductions from the base bid in the event such alternates should
be selected. All such contracts shall be lump sum contracts and...
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41-16-27
Section 41-16-27 Manner of 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 supplied, their conformity with specifications, the purposes for
which required, the terms of delivery, transportation charges, and the dates of delivery,
provided, that the awarding authority may at any time within 30 days after the bids are opened
negotiate and award the contract to anyone, provided he or she secures a price at least five
percent under the low acceptable bid. The award of such a negotiated contract shall be subject
to approval by the Director of Finance and the Governor, except in cases where the awarding
authority is a two-year or four-year college or university governed by a board. The awarding
authority or requisitioning agency shall have the right to reject any...
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14-2-28
Section 14-2-28 Facilities - Construction. All facilities constructed by the authority shall
be constructed according to plans and specifications of architects or engineers, or both,
selected by the department. Such plans and specifications shall be approved by the department
and by the commission. All work in the construction of facilities, or any part thereof, which
is determined by the commission to be suitable and proper for construction by prison labor
under force account shall be performed by such prison labor under such supervision and directions
as shall be ordered by the department. All construction of facilities or any part thereof
which the commission shall determine not to be suitable and proper for construction by prison
labor shall be done under the supervision and direction of the commission following award
for each part of the work to the lowest responsible bidder after advertising for, receipt
and public opening of sealed bids. Each such invitation for bids and the...
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39-2-11
Section 39-2-11 Proceedings upon failure of successful bidders to execute contracts and furnish
bonds, etc.; death of a low bidder; effect of failure of awarding authorities to complete
execution of contracts and issue proceed orders; withdrawal of low bid upon discovery of mistake.
(a) Should the successful bidder or bidders to whom a contract is awarded fail to execute
a contract and furnish acceptable contract securities and evidence of insurance as required
by law within the period as set forth in Section 39-2-8, the awarding authority shall retain
from the proposal guaranty, if it is a cashier's check, or recover from the principal or the
sureties, if the guaranty is a bid bond, the difference between the amount of the contract
as awarded and the amount of the proposal of the next lowest bidder. If no other bids are
received, the full amount of the proposal guaranty shall be so retained or recovered as liquidated
damages for such default. Any sums so retained or recovered shall be...
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41-16-123
Section 41-16-123 Provisions applicable to certain property held by division. 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 eligible entity
as set out in subsection (e) of Section 41-16-120 as follows: (1) All contracts made by or
on behalf of the State of Alabama or a department, board, bureau, commission, institution,
corporation, or agency thereof, of whatever nature for the sale or disposal of tangible personal
property owned by the State of Alabama, other than the following: a. Alcoholic beverages.
b. Products of the Alabama Institute for Deaf and Blind. c. Barter arrangements of the state
prison system. d. Books. e. School supplies. f. Food. g. Property used in vocational projects.
h. Livestock. i. Property owned by any state college or university,...
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39-2-4
Section 39-2-4 Filing of guaranties by bidders; prequalification procedures and criteria; responsibility
of prequalified bidders; revocation of prequalification; rejection of bidder. (a) The bidder
shall be required to file with his or her bid either a cashier's check drawn on an Alabama
bank or a bid bond executed by a surety company duly authorized and qualified to make such
bonds in the State of Alabama, payable to the awarding authority for an amount not less than
five percent of the awarding authority's estimated cost or of the contractor's bid, but in
no event more than ten thousand dollars ($10,000), except if the awarding authority is the
Department of Transportation, then the bid guarantee shall not be more than fifty thousand
dollars ($50,000). The bid guaranties as provided in this section shall constitute all of
the qualifications or guaranty to be required of contractors as prerequisites to bidding for
public works, except as required by the State Licensing Board for...
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16-13B-7
Section 16-13B-7 Defaulting bidder; award to second lowest responsible bidder; preferences;
sole source specification; life cycle costs; rejection of bids; lease-purchase contracts.
(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, the purposes for which required,
the terms of delivery, transportation charges, and the dates of delivery. If at any time after
the award has been made the lowest responsible bidder notifies the awarding authority in writing
that the bidder will no longer comply with the terms of the award to provide the goods or
services to the awarding authority under the terms and conditions of the original award, or
the awarding authority documents that the lowest responsible bidder defaults under the terms
of the original award, the awarding authority may terminate the award...
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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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16-61E-2
Section 16-61E-2 Definitions; purchase authorization; competitive bids; applicability of public
contract laws. (a) For purposes of this chapter, the following terms shall have the following
meanings: (1) EDUCATIONAL INSTITUTION. Educational and eleemosynary institutions governed
by boards of trustees or similar governing bodies, state trade schools, state junior colleges,
state colleges, or universities under the supervision and control of the State Board of Education,
city and county boards of education, district boards of education of independent school districts,
Department of Youth Services, the Alabama Institute for Deaf and Blind, the Alabama School
of Fine Arts, and the Alabama School of Math and Science. (2) INFORMATION TECHNOLOGY. Equipment,
supplies, and other tangible personal property, software, services, or any combination of
the foregoing, used to provide data processing, networking, or communications services. (3)
JOINT PURCHASING AGREEMENT. An agreement in writing...
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