Alabama Attorney General Opinion 1979-0052

• THE ATTORNEY GENERAL STATE OF ALABAMA • MONTGOMERY, ALABAMA 36130 magi t1), : 7F• 19_ 0065-a CHARLES A. GRADDICK ATTORNEY GENERAL January 31, 1979 Honorable Jack Floyd Etowah County Attorney 816 Chestnut Street ' Gadsden, Alabama 35901 Competitive Bid Law - Contracts - County Commission A place 9f business within a county constitutes a resident responsible bidder. Dear Sir: This letter is in response to your letter dated January 24, 1979, the pertinent part of which is as follows: "Prior to September 12, 1978, notices were given that sealed bids would be received by the Etowah County Commission at its office in the Etowah County Courthouse in Gadsden, Alabama, for furnishing tires and tubes, to be purchased by the Etowah County Commission in performing its functions and duties during the fiscal year 1978-79. I enclose herewith a copy of that bid advertisement or notice. When bids were opened on September 12, 1.978, Firestone Tire and Rubber Company was the apparent low bidder. Based upon its low bid, a Resolution of the Commission awarded the bid to Firestone Tire and Rubber Company. For many years Goodyear Tire and Rubber Company, which operates a local plant, was the low bidder and furnished tires to the Etowah County Commission. If there is any way under the law for Goodyear to furnish tires, the County Commission wishes to do so. We need an opinion from your office advising thether or not the Etowah County Commission followed the procedures required by the bid law in advertising and awarding the contract to the low bidder; whether or not the Resident Responsible Bidder Provision applies in this situation; Honorable Jack Floyd - 2 - 1-31-79 Gadsden, Alabama and Whether or not the Etowah County Commission can rescind the contract awarded to the low bidder." The Etowah County Commission is subject to the competitive bid law found in Code of Alabama 1975, Section 41-16-50 through Section 41-16-63. The competitive bid law requires all county commissions in Alabama to award purchase contracts to the lowest responsible bidder. When the awarding authority is a county commission, and the lowest responsible bidder does not have a place of business within the county, a county commission may then purchase from a person, firm or corporation having a place of business within the county if such vendor's bid is no more than three percent greater than the bid of the lowest responsible bidder. However, it is my understanding that in the present situation the lowest responsible bidder is Firestone Tire and Rubber Companywhich has a place of business in Etowah County. In Quarterly Report of the Attorney General, Volume 144, page 31, the term "resident responsible bidder" was defined as a person, firm or corporation deemed to be a responsible bidder, having a place of business within the county where the awarding authority is the?county. (Emphasis added) Therefore; the resident responsible bidder provision would not be applicable in your situation since both bidders have places of business within Etowah County. The fact that Goodyear Tire and Rubber Company has a manufacturing plant in Etowah County does not alter this conclusion. In summary, it is my opinion that the Etowah County Commission followed the procedures required by the competitive bid law in awarding the contract for the purchase of tires and tubes from the Firestone Tire and Rubber Company which was the lowest responsible bidder. Also, the resident responsible bidder provision of the competitive bid law is not applicable in this situation and the Etowah County Commission does not have legal authority to rescind the contract that has been awarded to the Firestone Tire and Rubber Company. If I may be of any further assistance to you in this matter, please let me know. Very truly yours, CHARLES A. GRADDICK Attorney General By - DON E. LAWLEY Assistant Attorney General DEL/dc