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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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39-3-4
Section 39-3-4 Contractors for public works project financed entirely by state or subdivisions
thereof to use steel produced in United States; penalty. (a) Any contractor for a public works
project, financed entirely by the State of Alabama or any political subdivision thereof, within
this state shall use steel produced within the United States when specifications in the construction
contract require the use of steel and do not limit its supply to a sole source under subsection
(f) of Section 39-2-2. If the awarding authority decides that the procurement of the above
mentioned domestic steel products becomes impractical as a result of a national emergency,
national strike, or other cause, the awarding authority shall waive the above restriction.
(b) In the event the contractor violates the domestic steel requirements of subsection (a),
and domestic steel is not used, there shall be a downward adjustment in the contract price
equal to any realized savings or benefits to the contractor....
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39-2-3
Section 39-2-3 Fees to be paid Department of Transportation for proposals, plans, and specifications;
deposit for bid documents; furnishing of plans and specifications to building exchanges, etc.
(a) For contracts let by the Department of Transportation, proposals may be obtained only
upon payment of a fee, to be determined by the Department of Transportation, not in excess
of five dollars ($5). Plans and specifications may be obtained only upon payment of a fee,
to be determined by the Department of Transportation, not to exceed the actual cost of printing
such plans and specifications. (b) For all other awarding authorities, an adequate number
of sets of bid documents, as determined by the awarding authority, may be obtained by prime
contractor bidders upon payment of a deposit for each set, which deposit shall not exceed
twice the cost of printing, reproduction, handling, and distribution of each set. The deposit
shall be refunded in full to each prime contractor bidder upon return...
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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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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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31-13-9
Section 31-13-9 Verification of employment eligibility by employers seeking economic incentives.
(a) As a condition for the award of any contract, grant, or incentive by the state, any political
subdivision thereof, or any state-funded entity to a business entity or employer that employs
one or more employees, the business entity or employer shall not knowingly employ, hire for
employment, or continue to employ an unauthorized alien within the State of Alabama. (b) As
a condition for the award of any contract, grant, or incentive by the state, any political
subdivision thereof, or any state-funded entity to a business entity or employer that employs
one or more employees within the State of Alabama, the business entity or employer shall provide
documentation establishing that the business entity or employer is enrolled in the E-Verify
program. During the performance of the contract, the business entity or employer shall participate
in the E-Verify program and shall verify every...
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9-9-42
Section 9-9-42 Construction of improvements under water management plan - Authority and procedure
for letting contracts. The board of water management commissioners may secure and use men,
equipment and materials under the supervision of the water management engineer to construct,
excavate and complete all or any of the works of improvements which may be needed to carry
out the plan of water management, or it may, in its discretion, let contracts therefor, either
as a whole or in part. The board of commissioners shall fix the time and place of letting
contracts for the construction of the improvements and cause notice thereof, containing a
description of the work to be let, to be made by publication in three consecutive issues of
some weekly newspaper (if such there be) of general circulation published in the county in
which the district is organized and by at least one insertion in some contractor's or trade
journal and by such additional publication elsewhere as the board of water...
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31-2A-43
the running of any statute of limitations applicable to any offense under this code is suspended
until two years after the termination of hostilities as proclaimed by the President or by
a joint resolution of Congress if the offense: (1) Involves fraud or attempted fraud against
the United States, any state, or any agency of either in any manner, whether by conspiracy
or not. (2) Is committed in connection with the acquisition, care, handling, custody, control,
or disposition of any real or personal property of the United States or any state.
(3) Is committed in connection with the negotiation, procurement, award, performance, payment,
interim financing, cancellation, or other termination or settlement, of any contract, subcontract,
or purchase order which is connected with or related to the prosecution of the war, or with
any disposition of termination inventory by any war contractor or government agency. (e)(1)
If charges or specifications are dismissed as defective or insufficient...
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16-6F-6
Section 16-6F-6 Authorization of establishment; Alabama Public Charter School Commission; registration
requirements; powers and duties of authorizers. (a) Eligible authorizing entities. (1) A public
charter school shall not be established in this state unless its establishment is authorized
by this section. No governmental entity or other entity, other than an entity expressly granted
chartering authority as set forth in this section, may assume any authorizing function or
duty in any form. The following entities shall be authorizers of public charter schools: a.
A local school board, for chartering of schools within the boundaries of the school system
under its jurisdiction, pursuant to state law. b. The Alabama Public Charter School Commission,
pursuant to this section. (2) A local school board that registers as an authorizer may approve
or deny an application to form a public charter school within the boundaries of the local
school system overseen by the local school board. (3) All...
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13A-11-72
Commissioner-certified law enforcement officer employed by a law enforcement agency who is
specifically selected and specially trained for the school setting. (i) The term "public
school" as used in this section applies only to a school composed of grades K-12 and
shall include a school bus used for grades K-12. (j) The term "deadly weapon" as
used in this section means a firearm or anything manifestly designed, made, or adapted for
the purposes of inflicting death or serious physical injury, and such term includes,
but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device;
a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger;
or any club, baton, billy, black-jack, bludgeon, or metal knuckles. (k)(1) The term "convicted"
as used in this section requires that the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the case if required by law, and...
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