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16-13B-7
the defaulting bidder and make an award to the second lowest responsible bidder for the remainder
of the award period without rebidding, provided the award to the second lowest responsible
bidder is in all respects made under the terms and conditions contained in the original bid
specifications and is for the same or a lower price than the bid originally submitted to the
awarding authority by the second lowest responsible bidder. (b) The awarding authority in
the purchase of or contract for personal property or contractual services shall give
preference, provided there is no sacrifice or loss in price or quality, to commodities produced
in Alabama or sold by Alabama persons, firms, or corporations. Notwithstanding the foregoing,
no county or city board of education may specify the purchase of goods or services from a
sole source, unless: (1) The board of education can document that the sole source product
or service is of an indispensable nature, no other product or service can meet...
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41-16-57
it has been determined that only these goods or services will fulfill the function for which
the product is needed. Frivolous features will not be considered. (2) No other vendor offers
substantially equivalent goods or services that can accomplish the purpose for which the goods
or services are required. (3) All information substantiating the use of a sole source specification
is documented in writing and is filed into the project file. (c)(1) Beginning January 1, 2009,
for purchases of personal property, including on or after June 9, 2011, goods which
are, or are to become, fixtures, in instances where the awarding authority determines that
the total cost of ownership over the expected life of the item or items, including acquisition
costs plus sustaining costs or life cycle costs, can be reasonably ascertained from industry
recognized and accepted sources, the lowest responsible bid may be determined to be the bid
offering the lowest life cycle costs and otherwise meeting all of...
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41-16-27
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 bid if the price is deemed excessive or quality of product inferior.
Awards are final only after approval of the purchasing agent. (b)(1) The awarding authority
may award multiple purchase contracts resulting from a single invitation-to-bid where the
specifications of the items of personal property or services intended to be purchased
by a requisitioning agency or agencies are determined, in whole or in part, by technical compatibility
and operational requirements. In order to make multiple awards under this provision, the awarding
authority must include in the invitation-to-bid a notice that multiple awards may be made
and the specific technical compatibility or operational requirements necessitating multiple
awards. Multiple awards of purchase contracts with unique...
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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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41-16-123
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, including those state two-year colleges under the control of the Board of Education
of the State of Alabama, which has market value or which has...
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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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23-2-145
Section 23-2-145 Advertisement for construction bids; award of contract; work done by force
account; further considerations by the authority. (a) Before construction is started on any
project, the authority 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,
or some part thereof, is to be located; the authority may also advertise 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 authority and the time and place in which bids will be received
and opened. All bids shall be opened publicly at the advertised time and place. (b) The contract
shall be awarded to the lowest responsible bidder complying with conditions of the invitation
for bids, unless the authority finds that the bid is unreasonable or that it is not to the
interest of the authority to accept it. The bidder to...
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9-10-43
Section 9-10-43 Contracts for construction work. 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. The corporation may also advertise 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 in which bids will be received and
opened. 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 corporation finds that his bid is unreasonable or that it is not to the
interest of the corporation to accept it. The bidder to whom the award is made shall be notified
by telegram or letter at the earliest possible date. Should the...
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41-10-67
Section 41-10-67 Awarding, etc., of contracts for construction of facilities, buildings and
structures; supervision, etc., of construction; payments to contractors; agreement of authority
and Building Commission as to construction cost estimate. All facilities, buildings and structures
constructed by the authority shall be constructed according to plans and specifications of
architects or engineers selected by the authority. Such construction shall be done under the
supervision and direction of the Building Commission or any agency designated by the Legislature
as its successor following award for each part of the work to the lowest responsible bidder
after advertising for receipt and public opening of sealed bids; provided, that the invitations
for bids and the bidding documents shall be so arranged that any alternates from the base
bid shall constitute cumulative deductions from the base bid; and, in determining the lowest
bidder, if funds are insufficient to construct the...
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41-16-50
Section 41-16-50 Contracts for which competitive bidding required. (a) With the exception of
contracts for public works whose competitive bidding requirements are governed exclusively
by Title 39, all expenditure of funds of whatever nature for labor, services, work, or for
the purchase of materials, equipment, supplies, or other personal property involving
fifteen thousand dollars ($15,000) or more, and the lease of materials, equipment, supplies,
or other personal property where the lessee is, or becomes legally and contractually,
bound under the terms of the lease, to pay a total amount of fifteen thousand dollars ($15,000)
or more, made by or on behalf of any state trade school, state junior college, state college,
or university under the supervision and control of the Alabama Community College System, the
Alabama Fire College, the district boards of education of independent school districts, the
county commissions, the governing bodies of the municipalities of the state, and the...
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