Alabama

Key Agency(ies):  

• The State Purchasing Division within the Alabama Department of Finance oversees purchasing for state agencies.

Key Statute:

• Purchasing is governed by the Alabama Competitive Bid Law, codified at:
• Ala. Code § 41-16-20 to -32

Key Regulations:

• Alabama Administrative Code (Ala. Admin. Code):
• 355-4-1.01 et seq. and 355-5-1.01 et seq. (vendor and competitive bidding rules)
• Link

Procurement Types/Highlights:

• Competitive Sealed Bidding
• Competitive Sealed Proposals
• Small Purchases (< $25,000)
• Sole Source Procurement
• Emergency Procurements

Bid Protests:

Regs Governing Bid Protest:

• Ala. Code § 41-4-161 and Ala. Admin. Code r. 355-4-6-.01

Eligible Protesters:

• “Any bona fide actual or prospective bidder or offeror who is aggrieved in connection with the solicitation or the award of a contract.”

Timeliness Rules:

• A bona fide prospective bidder or offeror must file a written notice of intent to protest with the Chief Procurement Officer (CPO) within five calendar days after the aggrieved party knows or should have known of the facts giving rise to the protest.

Protest Process:

• Must be in writing, filed with the CPO and include:
• Grounds for protest
• Relief requested
• If not resolved within 10 days, the CPO initiates administrative review and issues a decision within 14 days.
• The state may not proceed further until five days after notice of the final decisions unless the CPO makes a written best-interests determination allowing it to proceed.

Appeal:

• Appeals of adverse CPO decisions may be filed with the Director of Finance.
• Must be submitted in writing within five days of receiving the decision.
• The Director of Finance may overturn decisions that are arbitrary, capricious, or unlawful.
• A final written decision must be issued by the Director of Finance within 14 days of receipt of the appeal.
• After exhausting administrative remedies, a bona fide unsuccessful bidder/offeror may bring a civil action in Montgomery County Circuit Court to enjoin an unlawful contract.

Claims: 

• For money disputes, the contractor’s sole remedy is filing a claim with the State Board of Adjustment (after good-faith efforts).

Suspension & Debarment:

• The CPO may suspend or debar after notice and opportunity to be heard.
• Grounds include:
• Criminal convictions related to procurement
• Criminal convictions (fraud, bribery, theft, etc.)
• Serious contract violations
• Violation of CPO orders
• Other misconduct
• Final decisions are in writing and distributed to:
• The suspended/debarred party
• Intervening parties
• All State procurement officials
• Contracts may not be awarded during the suspension/debarment period.
• Decisions are final and conclusive, unless fraudulent or appealed to the Director of Finance under Ala. Code § 41-4-164.

Interesting/Distinctions: 

• Construction and public works are governed separately under Title 39, with oversight by the Division of Construction Management within the Alabama Department of Finance.