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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41-16-27
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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22-6-7.1
Section 22-6-7.1 Procurement of prescription eyewear. Contracts for the procurement of prescription
eyewear for recipients of the Alabama Medicaid Program which are competitively bid may be
awarded to the bidder whose proposal is the most advantageous to the state for periods not
to exceed three years taking into consideration cost factors, program stability factors, technical
factors including understanding of program requirements, management plan, excellence of program
design, key personnel, corporate or company resource and designated location, and other factors
including financial condition and capability of the bidder, corporate experience and past
performance and priority of the business to insure the contract awarded is the best for the
purposes required. Each of these criteria shall be given relative weight value as designated
in the invitation to bid. Responsiveness to the bid shall be scored for each designated criteria.
If, for reasons cited above, the bid selected is not...
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39-2-5
Section 39-2-5 Return of proposal guaranties to bidders generally; disposition of proposal
guaranty when award not made within 30 days of opening of proposals. All bid guaranties, except
those of the three lowest bona fide bidders, shall be returned immediately after bids have
been checked, tabulated, and the relation of the bids established. The bid guaranties of the
three lowest bidders shall be returned as soon as the contract bonds and the contract of the
successful bidder have been properly executed and approved. When the award is deferred for
a period of time longer than 15 days after the opening of the bids, all bid guaranties, except
those of the potentially successful bidders, shall be returned. If no award is made within
30 days after the opening of the bids, or such other time as specified in the bid documents,
all bids shall be rejected and all guaranties returned, except for any potentially successful
bidder that agrees in writing to a stipulated extension in time for...
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39-2-8
Section 39-2-8 Execution of contracts and furnishing of performance bonds, etc., generally
by bidders awarded contracts. The bidder to whom the award is made shall, when required, enter
into a written contract on the form included in the proposal, plans, and specifications, furnish
a performance bond and payment bond executed by a surety company duly authorized and qualified
to make such bonds in the State of Alabama in the amount required by subsection (a) of Section
39-1-1 and provide evidence of insurance as required by the bid documents within the period
specified or, if no period is specified, within 15 days after the prescribed forms have been
presented to him or her for signature. If extenuating circumstances prevail, the awarding
authority may grant an extension in time not exceeding five days for the return of the contract,
required bonds and required evidence of insurance. (Acts 1947, No. 492, p. 338, §7; Acts
1997, No. 97-225, p. 348, §1.)...
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23-1-56
Section 23-1-56 Contracts to do work - Qualification of bidders. (a) Prequalifications of contractors.
The Director of Transportation shall require all bidders to furnish a statement under oath,
on such forms as the State Department of Transportation may prescribe, of detailed information
with respect to their financial resources, equipment, past record, and experience of both
the firm and personnel of the organization, together with such other information as the State
Department of Transportation may deem necessary for carrying out the provisions of this chapter.
Such forms shall include a financial statement actually prepared by a certified public accountant
(C.P.A.) or any independent licensed public accountant approved by the Alabama State Department
of Transportation, an inventory of equipment listing its location and book value, a listing
of material and equipment houses with whom a line of credit is established as well as those
firms from whom principal materials and equipment...
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39-2-6
Section 39-2-6 Award of contract; additional competitive bids; work done by force account;
availability of plans, etc.; use of convict labor; assignment of contract; agreements, etc.,
among bidders; advance disclosure; life cycle costs. (a) The contract shall be awarded to
the lowest responsible and responsive bidder, unless the awarding authority finds that all
the bids are unreasonable or that it is not to the interest of the awarding authority to accept
any of the bids. A responsible bidder is one who, among other qualities determined necessary
for performance, is competent, experienced, and financially able to perform the contract.
A responsive bidder is one who submits a bid that complies with the terms and conditions of
the invitation for bids. Minor irregularities in the bid shall not defeat responsiveness.
The bidder to whom the award is made shall be notified by telegram, confirmed facsimile, or
letter at the earliest possible date. If the successful bidder fails or refuses to...
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21-1-80
Section 21-1-80 Contracts for sale, etc., of tangible personal property or standing timber
of institute by public auction or sealed bid, advertisement of sale; manner of taking bids
and awarding contract. All contracts of whatever nature for the sale or disposal of tangible
personal property or standing timber owned by the Alabama Institute for Deaf and Blind shall
be let by free and open competitive public auction or sealed bids by the Alabama Institute
for Deaf and Blind. Every proposal to make a sale covered by this article shall be advertised
for at least two weeks in advance of the date fixed for receiving the bids. Such advertisement
shall appear at least once a week for two consecutive weeks in a newspaper of general circulation
in the county where the sale is to be made, and a copy of such proposal shall simultaneously
be posted on a readily accessible public bulletin board at the main office of the president
of the Alabama Institute for Deaf and Blind and a public bulletin...
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39-2-9
Section 39-2-9 Approval of bonds, etc., and completion of execution of contracts by awarding
authorities. The awarding authority shall approve the contractor's bonds meeting the requirements
of Section 39-2-8 and the contractor's evidence of insurance meeting the requirements of the
bid documents, as well as complete the execution of the contract, within 20 days after their
presentation by the contractor unless the successful contractor agrees in writing to a longer
period. (Acts 1947, No. 492, p. 338, §8; Acts 1997, No. 97-225, p. 348, §1.)...
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39-5-1
Section 39-5-1 Contracts let in violation of law unenforceable; certificate of compliance;
rebuttable presumption of compliance. (a) No civil action shall be brought or maintained by
a contractor in any court in this state to require any awarding authority to pay out public
funds for work and labor done, for materials supplied, or on any account connected with performance
of a contract for public works, if the contract was let or executed in violation of or contrary
to this title or any other provision of law. (b) The awarding authority shall, prior to the
execution of final contracts and bonds, certify that the contract to be awarded is let in
compliance with this title and all other applicable provisions of law; and, only for purposes
of a civil action as referenced in subsection (a), the issuance of the certificate by the
awarding authority shall constitute a presumption that the contract was let in accordance
with the laws. The presumption may be rebutted only by a showing with...
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