Section 39-8-1 – Short Title.

Section 39-8-1 Short title. This chapter shall be known and may be cited as the Fair and Open Competition in Governmental Construction Act. (Act 2014-107, p. 180, §1.)

Section 39-8-2 – Legislative Findings.

Section 39-8-2 Legislative findings. The Legislature finds and declares that this chapter shall do all of the following: (1) Provide for the efficient procurement of goods and services by governmental units. (2) Promote the economical, nondiscriminatory, and efficient administration and completion of state and state-funded or state-assisted construction projects. (3) Provide for fair and open […]

Section 39-8-3 – Definitions.

Section 39-8-3 Definitions. As used in this chapter, the following words shall have the following meanings: (1) PUBLIC AGENCY. The State of Alabama, and any county, city, town, school district, or other political subdivision of the state, any public trust, any public entity specifically created by the statutes of the State of Alabama or as […]

Section 39-8-4 – Certain Contract Terms Prohibited.

Section 39-8-4 Certain contract terms prohibited. A public agency awarding any contract for the construction, repair, remodeling, or demolition of a public improvement, or obligating funds pursuant to such a contract, shall ensure that neither the awarding public agency nor any construction manager acting on behalf of the public agency, in its bid specifications, project […]

Section 39-8-5 – Certain Awards Prohibited.

Section 39-8-5 Certain awards prohibited. A public agency shall not award a grant, tax abatement, or tax credit that is conditioned upon a requirement that the awardee include a term described in Section 39-8-4 in a contract document for any construction, improvement, maintenance, or renovation to real property or fixtures that are the subject of […]

Section 39-8-6 – Use of Certain Terms in Documents.

Section 39-8-6 Use of certain terms in documents. A public agency or a construction manager or other contracting entity acting on behalf of a public agency shall not place any of the terms described in Section 39-8-4 in bid specifications, project agreements, or other controlling documents relating to the construction, repair, remodeling, or demolition of […]

Section 39-8-7 – Exemptions.

Section 39-8-7 Exemptions. The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of Section 39-8-4 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. A […]

Section 39-8-8 – Applicability of Chapter.

Section 39-8-8 Applicability of chapter. (a) The requirements of this chapter shall not apply to public construction contracts executed before June 1, 2014. (b) This chapter does not do any of the following: (1) Prohibit employers or other parties from entering into agreements or engaging in any other activity protected by the National Labor Relations […]