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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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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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34-33A-11
Section 34-33A-11 Compliance with chapter; architects and engineers. (a) This chapter applies
to any fire alarm contractor performing work for any municipality, county, or the state. Officials
of any municipality, county, or the state shall determine compliance with this chapter before
awarding any contract for the installation, repair, alteration, addition, or inspection of
a fire alarm system. Any bid for a contract shall be accompanied by a copy of a valid State
Fire Marshal's permit. (b) All architects and engineers preparing plans and specifications
for work involving fire alarm systems to be contracted in the State of Alabama shall include
in their invitation to bidders and their specifications a copy of this chapter or portions
as are deemed necessary to convey to the invited bidder that it will be necessary for the
bidder to show evidence of licensure before a bid is considered whether the bidder is a resident
or nonresident of this state and whether a license has been issued...
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6-5-710
Section 6-5-710 Definitions. For purposes of this article the following terms shall have the
following meanings: (1) AWARDING AUTHORITY. a. The Alabama Department of Transportation, if
the project is either for, or is funded in whole or in part by, the State of Alabama to construct,
repair, resurface, refurbish, replace, remove, modify, alter, or otherwise improve any public
or private infrastructure, including any public-private partnership project, for which construction
monitoring services are contracted. b. A county, city, town, or municipality that appropriates
public funds for the construction, repair, resurfacing, refurbishment, replacement, removal,
modification, alteration, or other improvement of any public or private infrastructure, including
any public-private partnership project, for which construction monitoring services are contracted.
c. All other state, county, or municipal boards, bodies, commissions, agencies, departments,
institutions, and instrumentalities, and...
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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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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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39-5-3
Section 39-5-3 Actions to recover funds received under such contracts. An action shall be brought
by the Attorney General or may be brought by any interested citizen, in the name and for the
benefit of the awarding authority, to recover paid public funds from the contractor, its surety,
or any person receiving funds under any public works contract let in violation of or contrary
to this title or any other provision of law, if there is clear and convincing evidence that
the contractor, its surety, or such person knew of the violation before execution of the contract.
The action shall be commenced within three years of final settlement of the contract. (Acts
1961, No. 868, p. 1361, §2; Acts 1997, No. 97-225, p. 348, §1.)...
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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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39-1-4
Section 39-1-4 selection of surety company, etc.; approval of bonds, etc. (a) No officer or
employee of an awarding authority and no person acting or purporting to act on behalf of such
officer or employee of an awarding authority, except a public agency or authority created
pursuant to agreement or compact with another state, shall, with respect to any public works
contract, require the bidder to obtain or procure any surety bond or contract of insurance
specified in connection with such contract or specified by any law, ordinance, or regulation
from a particular surety company, insurance company, bonding company, agent, or broker. No
officer, employee, person, firm, or corporation acting or purporting to act on behalf of any
officer or employee of an awarding authority shall negotiate, make application, obtain, or
procure any surety bond or contract of insurance, except contracts of insurance for builder's
risk or owner's protective liability, which shall be obtained or procured by...
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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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