Ala. Code § 41-4-130

Current through the 2024 Regular Session.

Section 41-4-130 - Definitions

As used in this division, the following terms shall have the following meanings:

(1) COST-REIMBURSEMENT CONTRACT. A contract under which a contractor is reimbursed for costs that are allowable and allocable in accordance with the contract terms and the provisions of this chapter, and a fee, if any.

(2) ESTABLISHED CATALOGUE PRICE. The price included in a catalogue, price list, schedule, or other form that does all of the following:

a. Is regularly maintained by a manufacturer or contractor.

b. Is either published or otherwise available for inspection by customers.

c. States prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved.

(3) INVITATION TO BID. All documents, whether attached or incorporated by reference, utilized for soliciting bids.

(4) PREFERRED VENDOR. A person that is granted preference priority according to the following:

a. PRIORITY #1. Produces or manufactures the product within the state.

b. PRIORITY #2. Has an assembly plant or distribution facility for the product within the state.

c. PRIORITY #3. Is organized for business under the applicable laws of the state as a corporation, partnership, or professional association and has maintained at least one retail outlet or service center for the product or service within the state for not less than one year prior to the deadline date for the competitive bid.

d. PRIORITY #4. Is physically located in the state and that is more than 50 percent owned by a person who was discharged or released under conditions other than dishonorable and who has at least 24 months of active service in the United States military, naval, or air service, or who has less than 24 months of active service in any of the foregoing and was separated with a service-connected disability, or a national guardsman or reservist who completed active federal service for purposes other than training or who served at least 180 days of continuous service for purposes other than training.

(5) PURCHASE DESCRIPTION. The words used in a solicitation to describe the supplies or services to be purchased. The term includes any specifications attached to, or made a part of, the solicitation.

(6) REQUEST FOR PROPOSALS. All documents, whether attached or incorporated by reference, that are used for soliciting proposals.

(7) RESPONSIBLE BIDDER or OFFEROR. A person who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability to assure good faith performance.

(8) RESPONSIVE BIDDER or OFFEROR. A person who has submitted a bid or offer that conforms in all material respects to the invitation for bid or request for proposal.

Ala. Code § 41-4-130 (1975)

Added by Act 2021-296,§ 2, eff. 10/1/2022.