Honorable Rachel Laurie Riddle
AGO 2019-38
No. 2019-038
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
August 15, 2019
Honorable
Rachel Laurie Riddle
Chief
Examiner
Department
of Examiners of Public Accounts
401
Adams Avenue, Suite 280
Montgomery,
Alabama 36104
Examiners
of Public Accounts -Public Works Law - Competitive Bid Law -
Purchasing Cooperatives -Equipment
The
Department of Examiners of Public Accounts
("Examiners") may approve any competitive bid
process, related to goods and services, that is utilized by a
cooperative of the National Association of Counties, its
successor organization, or any other national or regional
governmental cooperative, as long as the process complies
with the bid law requirements applicable to the governmental
entity conducting the process.
Examiners
may only approve a cooperative's bid process, related to
heating and air conditioning units or systems, if the process
complies with the provisions of Alabama's bid law.
Dear
Ms. Riddle:
This
opinion of the Attorney General is issued in response to your
request.
QUESTIONS
(1) May
Examiners only approve a cooperative's competitive bid
process, related to goods and services, if the process
complies with the provisions of Alabama's bid law or may
Examiners approve any bid process that complies with the bid
law requirements of the jurisdiction of the cooperative's
awarding authority?
(2) May
Examiners only approve a cooperative's bid process,
related to heating and air conditioning units or systems, if
the process complies with the provisions of Alabama's bid
law or may Examiners approve any bid process that complies
with the bid law requirements of the jurisdiction of the
cooperative's awarding authority?
FACTS
AND ANALYSIS
The
competitive bid laws are set out in sections 41-16-50
(applying to local agencies including county commissions and
the governing bodies of municipalities), section 16-13B-1
(applying to county and city boards of education), and
section 39-2-2 of the Code of Alabama (applying to public
works). Ala. Code § 41-16-50 (Supp. 2018); Ala. Code
§ 16-13B-1 (2012); Ala. Code § 39-2-2 (Supp. 2018).
Sections 41-16-50 and 16-13B-1 require generally that all
expenditures for labor, services, work, or purchases of
materials, equipment, supplies, or other personal property
involving $15,000 or more be made through competitive bidding
to the lowest bidder under sealed bids. Similarly, section
39-2-2...