Section 41-16-51.2 - Purchase of goods or services without advertising or bidding allowed during an emergency or unanticipated event(a)(1) During an emergency or unanticipated event affecting public health or safety or causing supply chain disruptions, and upon the recommendation of the State Superintendent of Education and the approval of the Department of Examiners of Public Accounts, any public educational entity that provides meals under the Child Nutrition Program of the Alabama State Department of Education and subject to this article may purchase goods or services related to the programs without advertising or bidding. To the extent possible, purchases made under this section shall be executed to include representation of minority-owned business enterprises.(2) The recommendation submitted for consideration by the State Superintendent of Education under subdivision (1) shall contain a statement setting forth the specific facts regarding the basis and nature of the emergency or unanticipated event affecting public health or safety or causing supply chain disruptions necessitating the action and the geographical region or area to which the emergency or unanticipated event should be limited. Any approval to purchase goods or services under this section shall be limited to 60 days, during which time a contractual agreement for such purchases shall be entered into in compliance with the competitive bid law in this article.(b) Notwithstanding subsection (a), a public educational entity described in subsection (a), when practicable and to the extent possible, should comply with the advertising and bidding requirements provided in this article.(c) A public educational entity shall maintain accurate and fully itemized records of all expenditures made pursuant to this section.Ala. Code § 41-16-51.2 (1975)
Added by Act 2022-264,§ 2, eff. 4/7/2022.