Section 39-2-1 Definitions. As used in this title, the following words shall have the meanings ascribed to them as follows: (1) AWARDING AUTHORITY. Any governmental board, commission, agency, body, authority, instrumentality, department, or subdivision of the state, its counties and municipalities. This term includes, but shall not be limited to, the Department of Transportation, the […]
Section 39-2-10 Issuance of proceed orders by awarding authorities, etc. A proceed order shall be issued by the awarding authority within 15 days after final execution of the contract by the awarding authority, and execution by the Governor if his or her signature on the contract is required by law, unless both parties agree in […]
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 […]
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 […]
Section 39-2-13 Promulgation of rules and regulations by awarding authorities. For the purpose of carrying into effect the terms of this chapter and insuring to the state and its political subdivisions the award of all contracts to responsible and responsive bidders, the awarding authority may prepare and promulgate rules and regulations it deems proper, but […]
Section 39-2-14 Registration of out-of-state contractors required; deposit; surety bond. (a) Every nonresident contractor, as defined in Section 39-2-12 shall register with the Department of Revenue prior to engaging in the performance of a contract in this state. At the time of registration the contractor shall deposit with the Department of Revenue five per centum […]
Section 39-2-2 Advertisement for and opening of sealed bids for public works contracts; violations; exclusions; emergency actions; sole source specification. (a)(1) 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). (2)a. […]
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 […]
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 […]
Section 39-2-5 Return of proposal guaranties to bidders generally; disposition of proposal guaranty when award not made within 30 days of opening of proposals. All bid guaranties, except those of the three lowest bona fide bidders, shall be returned immediately after bids have been checked, tabulated, and the relation of the bids established. The bid […]
Section 39-2-6 Award of contract; powers of awarding authority; availability of plans, etc.; disqualifying activities; 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 […]
Section 39-2-7 Effect of errors and discrepancies of prices in bids. In case of error in the extension of prices in bids, the unit price will govern. In case of discrepancy between the prices shown in the figures and in words, the words will govern. (Acts 1947, No. 492, p. 338, §6.)
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 […]
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 […]
