reglab/housing_qa huggingface dataset:
AL Code § 41-4-136 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-136 - (Effective October 1, 2022) Emergency Procurements.

Section 41-4-136(Effective October 1, 2022) Emergency procurements. Notwithstanding any other provision of this article, the Chief Procurement Officer or the head of a purchasing agency may make emergency procurements when there is a threat to public health, welfare, or safety under emergency conditions, as defined by rule. Emergency procurements made under this section shall be made with as much competition as is practicable under the circumstances. The authority to make emergency procurements may not be delegated. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. (Act 2021-296, §2)
AL Code § 41-4-137 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-137 - (Effective October 1, 2022) Special Procurement for Small Purchases.

Section 41-4-137(Effective October 1, 2022) Special procurement for small purchases. Notwithstanding any other provision of this article, the Chief Procurement Officer or the head of a purchasing agency, with prior public notice, may initiate a procurement above the small purchase amount specified in Section 41-4-134 when the officer or agency head determines that an unusual or unique situation exists that makes the application of all requirements of competitive sealed bidding or competitive sealed proposals contrary to the public interest. Any special procurement under this section shall be made with as much competition as is practicable under the circumstances. A written determination of the basis for the procurement and for the selection of the particular contractor shall be included by the Chief Procurement Officer or the head of the purchasing agency in the contract file. The Chief Procurement Officer shall publish an annual report, subject to Section 41-4-115, that describes all determinations made under this section during the prior calendar year. (Act 2021-296, §2)
AL Code § 41-4-138 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-138 - (Effective October 1, 2022) Cancellation or Rejection of Bids, Proposals, Etc.

Section 41-4-138(Effective October 1, 2022) Cancellation or rejection of bids, proposals, etc. When it is determined to be in the best interest of the state, as specified by rule, an invitation to bid, a request for proposals, or other solicitation under this article may be cancelled, and any or all bids or proposals received may be rejected. (Act 2021-296, §2)
AL Code § 41-4-139 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-139 - (Effective October 1, 2022) Written Determination of Nonresponsibility of Bidder or Offeror.

Section 41-4-139(Effective October 1, 2022) Written determination of nonresponsibility of bidder or offeror. (a) A written determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules adopted by the Chief Procurement Officer. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to the bidder or offeror. (b) Confidential information furnished by a bidder or offeror under this section may not be disclosed outside of the Office of the Chief Procurement Officer or the purchasing agency without the prior written consent of the bidder or offeror. (Act 2021-296, §2)
AL Code § 41-4-140 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-140 - (Effective October 1, 2022) Prequalification of Prospective Suppliers.

Section 41-4-140(Effective October 1, 2022) Prequalification of prospective suppliers. Prospective suppliers may be prequalified for particular types of supplies or services. The method of submitting prequalification information and the information required in order to be prequalified shall be determined by the Chief Procurement Officer. (Act 2021-296, §2)
AL Code § 41-4-141 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-141 - (Effective October 1, 2022) Request of Price or Cost Information From Bidders or Offerors.

Section 41-4-141(Effective October 1, 2022) Request of price or cost information from bidders or offerors. The Chief Procurement Officer may request factual information reasonably available to the bidder or offeror to substantiate that the price or cost offered, or some portion of it, is reasonable when either of the following occurs: (1) The price is not any of the following: a. Based on adequate price competition. b. Based on established catalogue or market prices. c. Set by law or rule. (2) The price or cost exceeds an amount established by rule. (Act 2021-296, §2)
AL Code § 41-4-142 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-142 - (Effective October 1, 2022) Vendors, Contractors, and Affiliates to Comply With State and Local Tax Requirements; Certification.

Section 41-4-142(Effective October 1, 2022) Vendors, contractors, and affiliates to comply with state and local tax requirements; certification. (a) For the purpose of this section, the following terms shall have the respective meanings ascribed by this section: (1) AFFILIATE. A related party as defined in subsection (b) of Section 40-23-190 as that provision exists on January 1, 2004. (2) STATE DEPARTMENT OR AGENCY. Every state office, department, division, bureau, board, or commission of the State of Alabama. (b) A state department or agency may not contract for the purchase or lease of supplies from a vendor, contractor, or an affiliate of a vendor or contractor, unless that vendor, contractor, and all of its affiliates that make sales for delivery into Alabama or leases for use in Alabama are properly registered, collecting, and remitting Alabama state and local sales and use tax, or simplified sellers use tax, and lease tax, as provided for by Article 4 of Chapter 12 of Title 40 and Articles 1, 2, and 4 of Chapter 23 of Title 40, or by any local act or ordinance. (c) Each vendor, contractor, or affiliate of a vendor or contractor that is offered a contract to do business with a state department or state agency shall be required to certify that the vendor or affiliate is appropriately registered to collect and remit sales and use tax, or simplified sellers use tax and lease tax as required by this section and submit to that state department or agency certification required by the Alabama Department of Revenue. (d) Every bid submitted and contract executed by the state shall contain a certification by the bidder or contractor that the bidder or contractor is not barred from bidding for or entering into a contract under this section and that the bidder or contractor acknowledges that the contracting state agency may declare the contract void if the certification completed is false. (e) Each vendor or contractor that sells or leases supplies to a state department or agency, and each affiliate of that vendor or contractor that makes sales for delivery into Alabama, shall be required to collect and remit the Alabama sales and use tax, or simplified sellers use tax, and lease tax on all its sales and leases into the state. (Act 2021-296, §2)
AL Code § 41-4-143 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-143 - (Effective October 1, 2022) Types of Contract.

Section 41-4-143(Effective October 1, 2022) Types of contract. (a) Subject to the limitations of subsection (b), any type of contract that will promote the best interests of the state may be used under this article. (b)(1) The use of a cost-plus-a-percentage-of-cost contract is prohibited. (2) A cost-reimbursement contract may be used only when a determination is made in writing that either of the following apply: a. The cost-reimbursement contract is likely to be less costly to the state than any other type of contract. b. It is impracticable to obtain the supplies or services required except under a cost-reimbursement contract. (Act 2021-296, §2)
AL Code § 41-4-144 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-144 - (Effective October 1, 2022) Contract Periods; Renewal or Extension Provisions.

Section 41-4-144(Effective October 1, 2022) Contract periods; renewal or extension provisions. (a) Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time that is in the best interests of the state, so long as the terms of the contract and the conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal year at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds. (b) A multi-year contract may be used when the estimated requirements cover the period of the contract and are reasonably firm and continuing, and the contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economies in state procurement. (c) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract. The cost of cancellation may be paid from any appropriations available for that purpose. (Act 2021-296, §2)
AL Code § 41-4-145 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-145 - (Effective October 1, 2022) Inspection of Sites and Systems of Contractors or Subcontractors.

Section 41-4-145(Effective October 1, 2022) Inspection of sites and systems of contractors or subcontractors. The Chief Procurement Officer or his or her designee, at reasonable times, may inspect a part of the plant, the place of business, or the logical and physical electronic systems of a contractor or any subcontractor that is related to the performance of any contract awarded or to be awarded by the state. (Act 2021-296, §2)
AL Code § 41-4-146 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-146 - (Effective October 1, 2022) Audit or Examination of Books and Records; Recordkeeping Requirements.

Section 41-4-146(Effective October 1, 2022) Audit or examination of books and records; recordkeeping requirements. In addition to the authority of the Department of Examiners of Public Accounts, as set forth under Chapter 5A of Title 41, the Department of Finance, at reasonable times and places, may audit or examine the books and records of any person who has submitted data in substantiation of offered prices under Section 41-4-141 to the extent that the books and records relate to that data. Any person who receives a contract, change order, or contract modification for which data is required under Section 41-4-141 shall maintain the books and records that relate to the cost or pricing data for three years from the date of final payment under the contract, unless a shorter period is otherwise authorized in writing. (Act 2021-296, §2)
AL Code § 41-4-147 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-147 - (Effective October 1, 2022) Finality of Determinations.

Section 41-4-147(Effective October 1, 2022) Finality of determinations. The determinations required by subsection (f) of Section 41-4-132, subsection (a) or (g) of Section 41-4-133, Section 41-4-135, Section 41-4-136, Section 41-4-137, subsection (a) of Section 41-4-139, Section 41-4-141, Section 41-4-143, and subsection (b) of Section 41-4-144 are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law. (Act 2021-296, §2)
AL Code § 41-4-148 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-148 - (Effective October 1, 2022) Collusion or Other Anti-Competitive Practices.

Section 41-4-148(Effective October 1, 2022) Collusion or other anti-competitive practices. When for any reason collusion or other anti-competitive practices are suspected during the procurement process, a notice of the relevant facts shall be transmitted to the Attorney General and, if applicable, to the Ethics Commission. (Act 2021-296, §2)
AL Code § 41-4-149 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 3 - Source Selection and Contract Formation.|Section 41-4-149 - This Section Was Repealed and Replaced by Act 2021-296 in the 2021 Regular Session, Effective October 1, 2021. This Is Not in the Current Code Supplement.

Section 41-4-149(Effective October 1, 2022) Maintenance of contract records. (a) The Chief Procurement Officer shall maintain a record listing all contracts made under Section 41-4-135, 41-4-136, or 41-4-137 for a minimum of one year. The record shall contain all of the following: (1) Each contractor's name. (2) The amount and type of each contract. (3) A listing of the supplies or services procured under each contract. (b) A copy of the record shall be available for public inspection, except where disclosure would be detrimental to the safety or security of persons or property or to the public interest as determined by the Chief Procurement Officer.  (Act 2021-296, §2)
AL Code § 41-4-150 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 4 - Specifications.|Section 41-4-150 - (Effective October 1, 2022) Definition.

Section 41-4-150(Effective October 1, 2022) Definition. As used in this division, the term "specification" means any description of the physical or functional characteristics, or of the nature of a supply or service, and may include a description of any requirement for inspecting, testing, or preparing a supply or service for delivery. (Act 2021-296, §2)
AL Code § 41-4-151 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 4 - Specifications.|Section 41-4-151 - (Effective October 1, 2022) Standards and Use of Specifications.

Section 41-4-151(Effective October 1, 2022) Standards and use of specifications. (a) The Chief Procurement Officer, by rule, may set standards for the preparation, maintenance, and content of specifications for supplies or services required by the state. (b) The Chief Procurement Officer shall monitor the use of specifications for supplies or services required by a purchasing agency. (c) The Chief Procurement Officer shall obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own specifications. (d) All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the state's needs and shall not be unduly restrictive. (e) Specifications may be prepared by persons other than state employees when necessary. The Chief Procurement Officer shall exercise diligence to assure that any third party who prepares specifications or requirements does not have a conflict of interest or an unfair competitive advantage in any subsequent procurement. Vendors that participate in the drafting of specifications for the state shall disclose the same on its vendor disclosure statement required by Section 41-16-82. (Act 2021-296, §2)
AL Code § 41-4-152 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 4 - Specifications.|Section 41-4-152 - Payment for Printing - Laws and Journals.

Section 41-4-152Payment for printing - Laws and journals. Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.  (Code 1852, §92; Code 1867, §130; Code 1876, §136; Code 1886, §228; Code 1896, §3413; Code 1907, §1674; Code 1923, §2923; Acts 1939, No. 112, p. 144; Code 1940, T. 55, §136.)
AL Code § 41-4-153 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 4 - Specifications.|Section 41-4-153 - Payment for Printing - Revenue Laws.

Section 41-4-153Payment for printing - Revenue laws. Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.  (Code 1852, §93; Code 1867, §132; Code 1876, §137; Code 1886, §229; Code 1896, §3414; Code 1907, §1675; Code 1923, §2924; Acts 1939, No. 112, p. 144; Code 1940, T. 55, §137.)
AL Code § 41-4-154 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 4 - Specifications.|Section 41-4-154 - Payment for Printing - Source of Funds.

Section 41-4-154Payment for printing - Source of funds. Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.  (Code 1896, §3415; Code 1907, §1676; Code 1923, §2925; Acts 1939, No. 112, p. 144; Code 1940, T. 55, §138.)
AL Code § 41-4-155 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 5 - Modification and Termination of Contracts for Supplies and Services.|Section 41-4-155 - This Section Was Repealed and Replaced by Act 2021-296 in the 2021 Regular Session, Effective October 1, 2021. This Is Not in the Current Code Supplement.

Section 41-4-155(Effective October 1, 2022) Rules for adjusting contract provisions; remedies; justification for variations. (a) The Chief Procurement Officer may adopt rules permitting or requiring the inclusion of clauses providing for adjustments in prices, time of performance, or other contract provisions as appropriate covering both of the following subjects: (1) The unilateral right of the state to order in writing both of the following: a. Changes in the work within the scope of the contract. b. The temporary stopping of work or delaying performance. (2) Variations occurring between estimated quantities of work in a contract and actual quantities. (b)(1) Adjustments in price pursuant to clauses adopted under subsection (a) shall be computed in one or more of the following ways: a. By agreement on a fixed-price adjustment before commencement of the performance or as soon as practicable. b. By unit prices specified in the contract or subsequently agreed upon. c. By the costs attributable to the events or situations under the clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon. d. In any other manner as the contracting parties may mutually agree. e. In the absence of agreement by the parties, by a unilateral determination by the state of the costs attributable to the events or situations under the clauses with adjustment of profit or fee.  (2) A contractor shall be required to submit cost or pricing data if any adjustment in the contract price is subject to Section 41-4-141. (c) The Chief Procurement Officer may adopt rules to implement this division, including rules permitting or requiring the inclusion in state contracts of clauses providing for appropriate remedies covering all of the following subjects: (1) Specified excuses for delay or nonperformance. (2) Termination of the contract for default. (3) Termination of the contract in whole or in part for the convenience of the state. (d) The Chief Procurement Officer may vary the clauses adopted by rule under subsection (a) and (c) for inclusion in any particular state contract, so long as any variation is supported by a written determination that states the circumstances justifying the variation. Notice of any material variation shall be stated in the invitation to bid or request for proposals. (Act 2021-296, §2)
AL Code § 41-4-156 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 5 - Modification and Termination of Contracts for Supplies and Services.|Section 41-4-156 - Printing of Acts and Resolutions in Pamphlet Form - Distribution to Certain Officers, Departments, etc.; Certain Officers to Keep Pamphlets in Books Until Acts Published in Permanent Form.

Section 41-4-156Printing of acts and resolutions in pamphlet form - Distribution to certain officers, departments, etc.; certain officers to keep pamphlets in books until acts published in permanent form. Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.  (Acts 1949, No. 27, p. 39, §7; Acts 1975, No. 1161, p. 2285, §1; Acts 1981, No. 81-347, p. 503; Acts 1982, 2nd Ex. Sess., No. 82-763, p. 238, §2.)
AL Code § 41-4-157 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 5 - Modification and Termination of Contracts for Supplies and Services.|Section 41-4-157 - Printing of Acts and Resolutions in Pamphlet Form - Paper; Type Size; Size of Pages.

Section 41-4-157Printing of acts and resolutions in pamphlet form - Paper; type size; size of pages. Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.  (Acts 1949, No. 27, p. 39, §8.)
AL Code § 41-4-158 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 5 - Modification and Termination of Contracts for Supplies and Services.|Section 41-4-158 - Printing of Acts and Resolutions in Pamphlet Form - Order of Printing Acts; Size of Pamphlets; Required Heading.

Section 41-4-158Printing of acts and resolutions in pamphlet form - Order of printing acts; size of pamphlets; required heading. Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.  (Acts 1949, No. 27, p. 39, §9.)
AL Code § 41-4-159 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 4 - Department of Finance.|Article 5 - Division of Purchasing.|Division 5 - Modification and Termination of Contracts for Supplies and Services.|Section 41-4-159 - Printing of Acts and Resolutions in Pamphlet Form - Pamphlet Acts to Be Delivered in 10 Days; New Contract Upon Failure of Printer to Deliver.

Section 41-4-159Printing of acts and resolutions in pamphlet form - Pamphlet acts to be delivered in 10 days; new contract upon failure of printer to deliver. Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.  (Acts 1949, No. 27, p. 39, §10.)