Section 41-4-114 - Definitions(a) For purposes of this article, the following words have the following meanings: (1) BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or other private legal entity.(2) CAPITAL EQUIPMENT. Tangible personal property that can be appraised for value, is not disposable or consumable, is stand alone, and has a useful life of one year or more.(3) CHANGE ORDER. A written order signed by the procurement officer directing the contractor to make changes which the changes clause of the contract authorizes the procurement officer to order without the consent of the contractor.(4) CHIEF PROCUREMENT OFFICER. The person individual holding the position created in Section 41-4-120, as the head of the Office of the Chief Procurement Officer Division of Procurement.(5) CONTINGENCY FEE CONTRACT. An agreement, express or implied, for litigation legal services of an attorney or attorneys, including any associated counsel, under which compensation is contingent in whole or in part upon the successful accomplishment or disposition of the subject matter of the agreement. The payment may be in an amount which either is fixed or is to be determined under a formula.(6) CONTINGENCY FEE COUNSEL. An attorney or attorneys performing services under a contingency fee contract.(7) CONTRACT. All types of state agreements, regardless of what they may be called, for the procurement of supplies or services.(8) CONTRACT MODIFICATION. Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.(9) CONTRACTING AGENCY. The Governor, Attorney General, or director of a state agency, department, bureau, commission, authority, public corporation, or instrumentality of the State of Alabama that seeks to enter a contract.(10) CONTRACTOR. Any person having a contract with a governmental body.(11) DATA. Recorded information, regardless of form or characteristic.(12) DESIGNEE. A duly authorized representative of a person.(13) ELECTRONIC. Electrical, digital, magnetic, optical, electromagnetic, or other similar technology.(14) GOVERNMENTAL BODY. Except as otherwise provided in this article, an agency, department, board, bureau, commission, committee, institution, corporation, authority, or office of this state. The term does not include the legislative or judicial departments of the state or a legislative or judicial agency, the Alabama State Port Authority, municipalities, or the county commission and governing boards of instrumentalities of counties including waterworks boards, sewer boards, gas boards, and other like utility boards and commissions.(15) GRANT. The furnishing by the state or federal government of assistance, whether financial or otherwise, to any person to support a program authorized by law. The term does not include an award with a primary purpose to procure an end product, whether in the form of supplies or services.(16) JUDICIAL AGENCY. Any department, appellate court, trial court, board, body, bureau, commission, committee, institution, corporation, authority, or office created, established, and operating as an agency of the judicial department of this state. The term includes, but is not limited to, the Administrative Office of Courts, the State Law Library, the Court of the Judiciary, and the Sentencing Commission.(17) LEGISLATIVE AGENCY. The Alabama State Legislature and any department, board, body, bureau, commission, committee, institution, corporation, authority, or office created, established, and operating as an agency of the legislative department of this state. The term includes, but is not limited to, the Legislative Services Agency and the Department of Examiners of Public Accounts.(18) PERSON. An individual, corporation, association, partnership, limited liability corporation, union, committee, club, other organization, or group.(19) PROCUREMENT. Buying, purchasing, renting, leasing, or otherwise acquiring any supplies or services. The term includes all functions that pertain to the obtaining of any supply or service, including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. The term does not include the leasing of real property.(20) PROCUREMENT OFFICER. Any individual duly authorized by the Chief Procurement Officer to enter into and administer contracts and make written determinations with respect to those contracts. The term includes an authorized representative acting within the limits of authority.(21) PROFESSIONAL SERVICES. The services of physicians, architects, engineers, landscape architects, land surveyors, geoscientists, attorneys, teachers, artists, appraisers, and other individuals, or business entities offering the services of those individuals, who possess a high degree of scientific or specialized skill and knowledge where the experience and professional qualifications of the service provider are particularly relevant to the provision of the required service. The term also includes the management or administration of any occupational licensing board, as defined under Section 41-9A-1, by a person other than a state employee.(22) PUBLIC FUNDS. Money, regardless of its source, that is owned or held by a governmental body.(23) PUBLIC NOTICE. The distribution or dissemination of information to interested parties using methods that are reasonably available, including, but not limited to, publication in newspapers of general circulation, electronic or paper mailing lists, and websites designated by the state and maintained for that purpose.(24) PURCHASING AGENCY. A governmental body, other than the Office of the Chief Procurement Officer, that is authorized by this article, its implementing rules, or by delegation from the Chief Procurement Officer to enter into contracts.(25) SERVICES. The furnishing of labor, time, or effort by a contractor. The term does not include the delivery of a specific end product, other than reports that are merely incidental to the required performance.(26) SIGNATURE. A manual signature or an electronic signature, as defined in Section 8-1A-2.(27) SOLICITATION. Any request to submit quotes, bids, or offers to the state for the procurement of supplies or services. The term includes invitations to bid and requests for proposals.(28) SUPPLIES. All property, including equipment, materials, and printing. The term does not include land or a permanent interest in land.(29) USING AGENCY. A governmental body that utilizes any supplies or services procured under this article.(30) WRITTEN or IN WRITING. The product of any method of forming characters on paper, other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored.(b) The terms state, state department, state agency, agency, state entity, instrumentality of the state, and governmental body do not include municipalities, political subdivisions, county commissions, or the governing boards of instrumentalities of counties including waterworks boards, sewer boards, gas boards, and other like utility boards and commissions.Ala. Code § 41-4-114 (1975)
Amended by Act 2023-542,§ 1, eff. 6/14/2023.Added by Act 2021-296,§ 2, eff. 10/1/2022.