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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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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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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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36-1A-4
Section 36-1A-4 Campaign manager selected by bid process; steering committee; local agency
review committee. (a) The Governor of the State of Alabama shall be the ultimate authority
for implementation of the ASECCC, including promulgation of administrative regulations and
procedures not covered in this chapter. (b) The campaign manager shall be selected by the
LARC through a bid process and shall be responsible for managing and administering the local
ASECCC, and for furnishing staff support to each LARC. (c) The State Employee Campaign Steering
Committee shall be responsible to the Governor and shall have the following duties and responsibilities:
(1) Be responsible for policy, oversight, and implementation of procedures pursuant to this
chapter and notifying participating agencies of its rules and procedures pursuant to the administrative
code. (2) Arrange for publication of information about the annual federation and agency application
process. (3) On appeals from applicant...
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41-16-57
Section 41-16-57 Municipal or county contracts for certain services exempt from 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, 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
to the defaulting bidder and make an award to the second lowest...
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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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23-1-40
Section 23-1-40 Duties and powers generally. (a) It shall be the duty of the Department of
Transportation to designate the roads to be constructed, repaired, and maintained and to construct,
standardize, repair, and maintain roads and bridges of this state; and it shall have authority
to make contracts or agreements to construct or pave the roadway only of the street or streets
which will serve to connect the state highway constructed or repaired by the department within
any municipality in the State of Alabama. (b) In such municipalities in which the Department
of Transportation has not designated the street or streets which are a part of the state highways
constructed or repaired by the department, it shall be the duty of the department to designate
such street or streets. The department may also cooperate or contract with any municipality
or county in the paving or improving of any street or streets, highway or highways, or walkway
or walkways upon which a state educational or...
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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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39-2-2
Section 39-2-2 Advertisement for and opening of sealed bids for public works contracts; violations;
exclusions; emergency actions; sole source specification. (a) Before entering into any contract
for a public works involving an amount in excess of fifty thousand dollars ($50,000), the
awarding authority shall advertise for sealed bids, except as provided in subsection (j).
If the awarding authority is the state or a county, or an instrumentality thereof, it shall
advertise for sealed bids at least once each week for three consecutive weeks in a newspaper
of general circulation in the county or counties in which the improvement or some part thereof,
is to be made. If the awarding authority is a municipality, or an instrumentality thereof,
it shall advertise for sealed bids at least once in a newspaper of general circulation published
in the municipality where the awarding authority is located. If no newspaper is published
in the municipality, the awarding authority shall advertise by...
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