Alabama Attorney General Opinion 1979-0128

LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURG JR. EXECUTIVE ASSISTANT OFFICE OF THE ATTORNEY GENERAL WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA July 27, 1979 rig oolaR ADMINISTRATIVE BUILDING 44 NORTH UNION STREET MONTGOMERY. 34130 AREA 12051. 1134-5110 Honorable Charles Whiddon Chairman Houston County Commission P. 0. Drawer 6406 Dothan, Alabama 36302 Competitive Bid Law-Construction Contracts-Houston County County Commission may give preference to local bidder pur- suant to Senate Bill 627, 1979 Session of the Alabama Legis- lature. Dear Mr. Whiddon: I have received and considered your request for an Attorney General's opinion on the question of whether Senate Bill 627, approved by the Governor on July 20, 1979, authorizes the County Commission to grant a preference to a local construction company in awarding the bid for the construction of a new county jail. As I understand the facts, bids on the construction of this new county jail were opened on June 28, 1979 and an out-of-state contractor was low bidder over a local contractor by approximately six thousand dollars on the project which will cost approximately four million dollars total. After the bids were opened but before the contract was awarded, Senate Bill 627 was introduced into the State Legislature for the purpose of allowing public authorities within the state discretion to grant a one percent bid preference to a bidder which has its principal place of business located within the State of Alabama over Honorable Charles Whiddon Page Two a bidder whose principal place of business is located outside the State of Alabama. The bill was introduced by the Senator from Houston County and was clearly in- tended to provide the Houston County Commission with the discretion and authority to grant the local con- tractor a preference in the awarding of the contract for construction of the new Houston County Jail. It is my opinion that the Houston County Commission may grant the local bidder a one percent preference in awarding the contract for construction of the new jail in reliance upon Senate Bill 627. While the wording of the bill is not completely clear, the intent of the bill is clear in view of its legislative history. I hope and trust that this sufficiently answers your question. If we can be of any further help, please let me know. Sincerely, avaa Qs\aikcit CHARIAS A. GRADDICK Attorney General CAG:bs