§ 41-16-52 — Expenditures for Repair or Lease of Heavy Duty Off-Highway Construction Equipment May Be Made Without Regard to Provisions of Article

Alabama § 41-16-52

• Jurisdiction: Alabama
• Title 41: State Government
• Ch. 16: Public Contracts
• Art. 3: Competitive Bidding on Contracts of Certain State and Local Agencies, Etc

Text

(a) All expenditures of funds for repair parts and the repair of heavy duty off-highway construction equipment or of any vehicles with a gross vehicle weight rating of 25,000 pounds or greater, including machinery used for grading, drainage, road construction, and compaction for the exclusive use of county and municipal highway, street, and sanitation departments, involving not more than forty thousand dollars ($40,000) made by or on behalf of any county commissions and the governing bodies of the municipalities of the state, and the governing bodies of instrumentalities, including waterworks boards, sewer boards, gas boards, and other like utility boards and commissions, shall be made, at the option of the governing boards, bodies, instrumentalities, and commissions, without regard to this article. The foregoing exemption from this article shall apply to each incident of repair as to any repair parts, equipment, vehicles, or machinery. The amount of the exempted expenditure shall not be construed to be an aggregate of all the expenditures per fiscal year as to any individual vehicle or piece of equipment or machinery.
(b) The option provided by subsection (a) may be exercised by the governing boards, bodies, instrumentalities, and commissions by specific reference to this section on any purchase orders and purchase commitments executed by the governing boards, bodies, instrumentalities, and commissions. However, the option shall not be exercised by any employee, agent, or servant unless done so after having received official prior approval of the respective governing board, body, instrumentality, or commission or unless exercised pursuant to a formal policy adopted by the governing board, body, instrumentality, or commission setting out conditions and restrictions under which the option shall be exercised.
(c) All expenditures of funds for the leasing of heavy duty off-highway construction equipment and all vehicles with a gross vehicle weight rating of 25,000 pounds or greater, including machinery for grading, drainage, road construction, and compaction for exclusive use of county and municipal highway, street, and sanitation departments, involving a monthly rental of not more than ten thousand dollars ($10,000) per month per vehicle or piece of equipment or machinery but not to exceed thirty thousand dollars ($30,000) per month for all such vehicles and pieces of equipment made by or on behalf of any county commissions and the governing boards of municipalities of the state and the governing bodies of instrumentalities, including waterworks boards, sewer boards, gas boards, and other like utility boards and commissions shall be made, at the option of the governing boards, bodies, instrumentalities, and commissions, without regard to this article.

Legislative History

(Acts 1969, No. 493, p. 952; Acts 1971, No. 2338, p. 3771; Acts 1981, No. 81-626, p. 1042; Acts 1984, 2nd Ex. Sess., No. 85-40, p. 42; Acts 1995, No. 95-630, p. 1334, §1; Act 2017-466, §1; Act 2023-135, §1.)