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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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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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41-16-20
Section 41-16-20 Contracts for which competitive bidding required; award to preferred vendor.
(a) With the exception of contracts for public works whose competitive bidding requirements
are governed exclusively by Title 39, all contracts of whatever nature for labor, services,
work, or for the purchase or lease of materials, equipment, supplies, other personal
property or other nonprofessional services, involving fifteen thousand dollars ($15,000) or
more, made by or on behalf of any state department, board, bureau, commission, committee,
institution, corporation, authority, or office shall, except as otherwise provided in this
article, be let by free and open competitive bidding, on sealed bids, to the lowest responsible
bidder. (b) A "preferred vendor" shall be a person, firm, or corporation which is
granted preference priority according to the following: (1) PRIORITY #1. Produces or manufactures
the product within the state. (2) PRIORITY #2. Has an assembly plant or distribution...
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29-1-26
but not limited to, a local board of education, a two-year institution of higher education,
or a four-year institution of higher education. For purposes of this section, employee means
any of the following: (1) An employee as defined in Section 36-27-1, or a teacher as defined
in Section 16-25-1. An employee as defined in this subsection shall not include any person
receiving pension benefits from the Retirement Systems of Alabama. (2) A person who is personally
providing services under a personal or professional services contract paid for by the
department, agency, board, commission, or educational entity, including the Department of
Postsecondary Education or a two-year institution of higher education, except that persons
appointed by any court or any district attorney in this state to provide legal services on
a temporary, case-by-case, or part time basis shall not be considered an employee for purposes
of this section. (3) A person who has a substantial financial interest by...
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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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16-13B-1
bid bond. (a) This chapter shall apply to county boards of education and city boards of education,
or any combination of city and county boards of education as herein provided for the competitive
bidding of certain contracts. 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 city or
county board of education, except as hereinafter provided, shall be made under contractual
agreement entered into by free and open competitive bidding, on...
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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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16-13B-2
issued by a public body. (9) Existing contracts up for renewal for sanitation or solid waste
collection, recycling, or disposal and those providing the service. (10) Purchases of computer
and word processing hardware when the hardware is the only type that is compatible with hardware
already owned by the entity taking bids and custom software. (11) Contractual services and
purchases of commodities for which there is only one vendor or supplier and contractual services
and purchases of personal property which by their very nature are impossible to award
by competitive bidding. (12) Contractual services and purchases of products related to, or
having an impact upon, security plans, procedures, assessments, measures, or systems, or the
security or safety of persons, structures, facilities, or infrastructures. (13) Purchases
of goods or services, other than voice or data wireless communication services, made as a
part of any purchasing cooperative sponsored by the National...
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41-16-51
and those providing the service. (11) Purchases of computer and word processing hardware when
the hardware is the only type that is compatible with hardware already owned by the entity
taking bids and custom software. (12) Professional services contracts for codification and
publication of the laws and ordinances of municipalities and counties. (13) Contractual services
and purchases of commodities for which there is only one vendor or supplier and contractual
services and purchases of personal property which by their very nature are impossible
to award by competitive bidding. (14) Purchases of dirt, sand, or gravel by a county governing
body from in-county property owners in order to supply a county road or bridge project in
which the materials will be used. The material shall be delivered to the project site by county
employees and equipment used only on projects conducted exclusively by county employees. (15)
Contractual services and purchases of products related to, or having...
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