Alabama Attorney General Opinion 1979-0168

OFFICE OF THE ATTORNEY GENERAL r79- pogo g c,42, + 13 I %mat LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA APR 26 1019 ADMINISTRATIVE BUILDING 64 NORTH UNION STREET MONTGOMERY. ALABAMA 36130 AREA X305).636-31 S0 JANIE NOBLES ADMINISTRATIVE ASSISTANT Honorable Joseph T. Smitherman Or Ci%y of Selma Selma, Alabama 36701 Contracts - Competitive Bid Law - Municipalities The preparatidh of a pamphlet may not be subject to competitive bids, however, the printing of a pamphlet is subject to competitive bids. Dear Sir: In a recent letter addressed to this office, you requested our opinion regarding the competitive bid law. Your request reads, in pertinent part, as follows: "Each year it has been the practice of the City of Selma to have prepared and published in pamphlet or brochure form at least one report on the general activities of the City, which report is widely distributed among the citizens of Selma. In some instances there have been more than one report because these reports have been made in the form of brochures, booklets, or pamphlets by the various departments of the City. The yearly report is styled "City of Selma Directory of Services" or some similar wording. In the preparation of these pamphlets or brochures it requires the services of professional people for the layout, placing together the information selected and to be contained in the pamphlet in a presentable form, photography, and the general preparation of the information selected and to be set forth in the brochure. In the past the City has contracted with' some individual to obtain the necessary information to be included in such brochure or pamphlet and to ?Tepare the layout and print the same. • Honorable Joseph T. Smitherman 2 Selma, Alabama 1. Is the Mayor or the City of Selma required under the above facts to comply with the Competitive Bid Law (Section 41-16-50, et seq., 1975 Alabama Code) in contracting with individuals, persons, or firms to prepare the pamphlet or brochure or would the Mayor or City of Selma be exempt under the provisions of Section 41-16-51, 1975 Alabama Code? 2. Is the Mayor or City of Selma required to comply with the Competitive Bid Law in contracting with a printing firm to print the brochure or booklet or would the Mayor or City of Selma be exempt under the provisions of Section 41-16-51, 1975 Alabama Code? 3. May the Mayor or City of Selma contract with a person, firm, corporation, or individual under the above facts to prepare the layout, assemble the information to be included therein, and to print the brochure or pamphlet or would the Mayor or City of Selma be exempt under the provisions of Section 41-16=51, 1975 Alabama Code?" Code of Alabama 1975, Section 41-16-50, requires that all expenditures of funds of whatever nature for labor, services or work, or for the purchase or lease of materials, equipment, supplies or other personal property, involving $2,000.00 or more, made by or on behalf of the governing board of a municipality shall be made under contractual agreement entered into by free and open competitive bidding. Code of Alabama 1975, Section 41-16-51, reads, in pertinent part, as follows: "(a) Competitive bids shall not be required for utility services, the rates for which are fixed by law, regulation or ordinance, and the conpetivie bidding requirements of this article shall not apply to: . . (3) Contracts for the securing of services of attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, engineers, consultants, certified public accountants, public accountants or other individuals possessing a high degree of professional skill where the personality of the individual plays a decisive part; . . . (8) Purchases of manuscripts, books, maps, pamphlets or periodicals; , . . ." In my opinion, paragraph 8 above does not apply to the pamphlet which you described in your request letter. It is my opinion that the activity which you described in your letter is the purchase of a service for the preparation of the pamphlet. However, if the City Council of the City of Selma is of the opinion that the preparation of the pamphlet which you have described is a service requiring that the individual who compiles the pamphlet possess a high degree of professional skill and that the personality of the individual plays a decisive part in his ability to Mr Honorable Joseph T. Smitherman - 3 9:6Ima, Alabama compile the pamphlet, then the preparation of the pamphlet would be exempt from competitive bid under Section 41-16-51(a)(3), supra. Of course, this office encourages all public entities to purchase services pursuant to the competitive bid law. Where practicable. Once the pamphlet has been prepared, it is my opinion that the printing of the pamphlet must be let for competitive bids if the price involves $2,000.00 or more. In my opinion, the personality of the printer would not play a decisive part in his professional skill or his ability to print a pamphlet. If you have any further questions regarding this matter, please do not hesitate to contact me. Very truly yours, CHARLES A. GRADDICK Attorney General By - fat ta dfilik•W`) PATRICK L. ROBINSON asistant Attorney General PLR/dc