Riddle, 081519 ALAGO, AGO 2019-38

Case DateAugust 15, 2019
CourtAlabama
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...

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