Alabama Attorney General Opinion 1979-0192

WU OF THE ATTORNEY GENERAL r79. Do iga LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA MAY lb 1979 ADMINISTRATIVE BUILDING 64 NORTH UNION STREET MONTGOMERY. ALABAMA 36130 AREA (205). 534-5150 Honorable Radford Hester Franklin County Schools Office of9Superintendent P. O. Box 610 Russellville, Alabama 35653 Competitive Bid - Franklin County - Computer Services Competitive bids are required for the lease of computer services for bookkeeping purposes. Opinion by Assistant Attorney General Robinson Dear Sir: In a recent request made by the Franklin County Board of Education, you asked for an opinion of this office regarding the applicability of the Alabama Competitive Bid Law to the leasing of computer services for bookkeeping purposes. See Code of Alabama 1975, Section 41-16-50 through 41-16-63. Specifically, you requested our opinion regarding the applicability of Section 41-16-51(a)(5) which states that the competitive bid law does not apply to contracts for furnishing fiscal or financial advice or services. In my opinion, fiscal or financial advice or services contemplates activities such as a consultant giving advice to a public agency regarding its financial or fiscal affairs. The leasing of computer services for bookkeeping purposes, in my opinion, would entail the submission of information by the public agency to the computer service in order that the information might be compiled in a format specified by the public agency. Such a computer service for bookkeeping purposes would not entail the computer service giving the public agency advice on how to conduct their financial affairs. Section 41-16-51(a)(3), supra, states that the competitive bid law does not apply to contracts for securing the 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. It is my opinion that=the leasing of computer Honorable Radford Hester - 2 - RusSellville, Alabama services for bookkeeping purposes would not involve a contract in which the personality of an individual would play a decisive part. In securing the information necessary to prepare specifications for bids, it might be necessary for a public agency to contract with a computer programmer for consultation purposes. Such a computer programmer would be an individual possessing a high degree of professional skill where the. personality of the individual might play a decisive part and, therefore, the services of such a computer prograniner would not be subject to the competitive bid law. Once the public agency decides upon the format in which it wishes its books and records to be maintained and compiled, it would be a simple matter for the public agency to include these specifications in its invitations to bid on computer services for bookkeeping purposes. If I may be of any further assistance to you regarding this muter, please do not hesitate to contact me. Very truly yours, CHARLES A. CRADDICK Attorney General PLR/dc