Section 41-4-110 (Effective October 1, 2022) Purposes and policies. (a) This article shall be construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this article are to do all of the following: (1) Simplify, clarify, and modernize the law governing procurement by the state. (2) Permit the […]
Section 41-4-111 (Effective October 1, 2022) Relation to other laws. Unless displaced by the particular provisions of this article, the principles of law and equity, including the Uniform Commercial Code, the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, and bankruptcy shall supplement this article. (Act 2021-296, §2.)
Section 41-4-112 (Effective October 1, 2022) Good faith requirement. This article requires all parties involved in the negotiation, performance, or administration of state contracts to act in good faith. Good faith means honesty in fact in the conduct or transaction concerned. (1) This article applies to contracts solicited and entered into after October 1, 2022. […]
Section 41-4-113 (Effective October 1, 2022) Retention of written determinations. Written determinations required by this article shall be retained in the appropriate official contract file of the Chief Procurement Officer or the purchasing agency. (Act 2021-296, §2.)
Section 41-4-114 (Effective October 1, 2022) Definitions. (a) For purposes of this article, the following words shall have the following meanings: (1) BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or other private legal entity. (2) CAPITAL EQUIPMENT. Tangible personal property that can be appraised for value, is not disposable or […]
Section 41-4-115 State departments and agencies authorized to enter into lease-sale contracts for procurement of equipment, etc. REPEALED AND REPLACED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. TO SEE THE CURRENT VERSION, SEE THE VERSION LABELED PENDING. All departments and agencies of […]
Section 41-4-116 (Effective October 1, 2022) Use of electronic media. The use of electronic media, including acceptance of electronic signatures, is authorized consistent with the state’s applicable statutory, regulatory, or other guidance for use of the media, so long as the guidance provides for both of the following: (1) Appropriate security to prevent unauthorized access […]
