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The Alabama Contract form serves as a crucial document for state agencies and contractors, facilitating transparency and accountability in the procurement process. This form captures essential information about both the state agency and the contractor, including their names, addresses, and whether the contractor is a sole source or organized as an Alabama entity. Additionally, it allows for the identification of minority and woman-owned businesses, which is important for promoting diversity in state contracts. The form also requires details about the contract itself, such as the contract number, the amount requested, and the sources of funding, whether state, federal, or other. Furthermore, it includes sections for documenting the contract's effective dates, type—whether new, renewal, or amendment—and the bidding process used to secure the contract. A summary of the services to be provided is also necessary, along with justifications for why these services cannot be performed by a merit employee. This thorough approach ensures that all parties involved have a clear understanding of the contract's purpose and requirements, fostering a smooth collaboration between state agencies and contractors.

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Contract Review Permanent Legislative Oversight Committee

Alabama State House --- Montgomery, Alabama 36130

C O N T R A C T R E V I E W R E P O R T

(Separate review report required for each contract)

Name of State Agency:________________________________________________________________________

Name of Contractor:__________________________________________________________________________

__________________________________________________

_________________________

________

Contractor’s Physical Street Address (No P.O. Box Accepted)

City

ST

Is Contractor a Sole Source? YES ______ NO ______ (IF YES, ATTACH LETTER)

Is Contractor organized as an Alabama Entity in Alabama? YES ______ NO ______

Is Contractor a minority and/or woman-owned business? YES ______ NO ______

If so, is Contractor certified as such by the State of Alabama? YES ______ NO ______

Check all that apply: ALDOT ______ ADECA ______ OTHER (Name) _____________________________________________

Is Contractor Registered with Alabama Secretary of State to do Business as a Corporation in Alabama? YES ______ NO ______

IF LLC, GIVE NAMES OF MEMBERS: _____________________________________________________________________

Is Act 2001-955 Disclosure Form Included with this Contract? YES ______ NO ______

Does Contractor have current member of Legislature or family member of Legislator employed? YES ______ NO ______

Was a Lobbyist/Consultant used to secure this Contract OR affiliated with this Contractor? YES ______ NO ______

IF YES, GIVE NAME: ________________________________________________________________________________

Contract Number: _C_ ___ ___ ___ ___ ___ ___ ___ ___ (See Fiscal Policies & Procedures Manual, Page 5-8)

Contract/Amendment Amount: $___________________ (PUT AMOUNT YOU ARE ASKING FOR TODAY ONLY)

% State Funds: ________ % Federal Funds: _________ % Other Funds: _________**

**Please Specify Source of Other Funds (Fees, Grants, etc.) __________________________________________

Date Contract Effective: __________________________

Date Contract Ends: __________________________

Type Contract: NEW: ______ RENEWAL: ______

AMENDMENT: ______

If Renewal, was it originally Bid? YES ______ NO ______

If AMENDMENT, Complete A through C:

 

[A] ORIGINAL contract amount

$ _________________________

[B] Amended total prior to this amendment

$ _________________________

[C] Amended total after this amendment

$ _________________________

Was Contract Secured through Bid Process? YES ______ NO ______ Was lowest Bid accepted? YES ______ NO ______

Was Contract Secured through RFP Process? YES ______ NO ______ Date RFP was awarded: ______________________

Posted to Statewide RFP Database at http://rfp.alabama.gov/Login.aspx? YES ______ NO ______

If NO, give a brief explanation as to why not: ________________________________________________________

Summary of Contract Services to be Provided: ____________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

Why Contract Necessary AND why this service cannot be performed by merit employee: __________________

__________________________________________________________________________________________

__________________________________________________________________________________________

I certify that the above information is correct.

 

___________________________________________

_________________________________________

Signature of Agency Head

Signature of Contractor

___________________________________________

_________________________________________

Printed Name of Agency Head

Printed Name of Contractor

Agency Contact: ________________________________________________ Phone:_____________________

Revised 8/2/17

Form Specifications

Fact Name Details
Governing Law The Alabama Contract form is governed by Alabama state laws, particularly the Alabama Code Title 41, Chapter 16 regarding state contracts.
Contract Review Requirement Each contract must be accompanied by a separate review report to ensure compliance with state regulations.
Sole Source Determination Contractors must indicate whether they are a sole source provider. If yes, a supporting letter is required.
Minority and Woman-Owned Business Contractors can identify as minority and/or woman-owned businesses, and if so, they must be certified by the State of Alabama.
Registration Requirement Contractors must be registered with the Alabama Secretary of State to conduct business as a corporation or LLC in Alabama.
Contract Funding Sources The form requires a breakdown of the funding sources for the contract, including state, federal, and other funds.

Alabama Contract: Usage Guidelines

Filling out the Alabama Contract form is an important step in ensuring that your contract is reviewed properly. Each section requires specific information, and it’s essential to provide accurate details. Follow these steps to complete the form correctly.

  1. Agency Information: Write the name of the state agency at the top of the form.
  2. Contractor Details: Fill in the contractor's name and physical street address. Remember, P.O. Box addresses are not accepted.
  3. Sole Source Status: Indicate whether the contractor is a sole source by checking "YES" or "NO." If "YES," attach the required letter.
  4. Alabama Entity: Mark whether the contractor is organized as an Alabama entity.
  5. Minority/Woman-Owned Business: Indicate if the contractor is a minority and/or woman-owned business and if certified by the State of Alabama.
  6. Applicable Agencies: Check all relevant agencies such as ALDOT, ADECA, or others.
  7. Business Registration: Confirm if the contractor is registered with the Alabama Secretary of State to do business as a corporation.
  8. LLC Members: If the contractor is an LLC, list the names of its members.
  9. Disclosure Form: State whether the Act 2001-955 Disclosure Form is included with the contract.
  10. Legislative Employment: Indicate if the contractor has a current member of the legislature or a family member employed.
  11. Lobbyist/Consultant: Check if a lobbyist or consultant was used to secure the contract and provide their name if applicable.
  12. Contract Number: Fill in the contract number as specified.
  13. Contract Amount: Write the amount you are asking for today.
  14. Funding Sources: Specify the percentage of state, federal, and other funds, and describe the source of other funds.
  15. Contract Dates: Enter the effective date and end date of the contract.
  16. Contract Type: Check the appropriate box for new, renewal, or amendment.
  17. Renewal/Bid Status: If it’s a renewal, indicate whether it was originally bid. For amendments, complete the original and amended amounts.
  18. Bid Process: Confirm if the contract was secured through a bid or RFP process and provide the relevant details.
  19. Summary of Services: Provide a summary of the services to be provided under the contract.
  20. Necessity of Contract: Explain why the contract is necessary and why the service cannot be performed by a merit employee.
  21. Certification: The agency head and contractor must sign and print their names at the bottom of the form.
  22. Agency Contact: Include the agency contact person's name and phone number.

Your Questions, Answered

What is the purpose of the Alabama Contract form?

The Alabama Contract form serves as a comprehensive document for state agencies to outline the details of contracts with contractors. It ensures that all relevant information is captured, including the contractor's status, funding sources, and the nature of the services provided. This form is essential for maintaining transparency and accountability in the contracting process, enabling oversight committees to review contracts effectively.

Who needs to fill out the Alabama Contract form?

The form must be completed by the state agency entering into a contract with a contractor. This includes providing information about the contractor, such as their physical address, business structure, and any affiliations with state legislators. The agency head and the contractor must both sign the document, certifying the accuracy of the information provided.

What information is required on the Alabama Contract form?

Key information required includes the names and addresses of both the state agency and the contractor, the contract amount, funding sources, and whether the contractor is a minority or woman-owned business. Additionally, the form asks whether the contract was secured through a bidding or RFP process, along with a summary of the services to be provided. This thorough collection of data helps ensure that all parties understand the terms and conditions of the contract.

What happens if the Alabama Contract form is not filled out correctly?

If the form is not filled out correctly, it may lead to delays in contract approval or even rejection of the contract altogether. Inaccurate or incomplete information can hinder the oversight process and may violate state policies. Therefore, it is crucial for agencies and contractors to review the form carefully and ensure all necessary details are accurately provided before submission.

Common mistakes

  1. Incomplete Information: Failing to fill in all required fields can lead to delays. Ensure every section is completed, especially the names of the state agency and contractor.

  2. Using a P.O. Box: The form explicitly states that a physical street address is necessary. Submitting a P.O. Box instead will result in rejection.

  3. Missing Attachments: If the contractor is a sole source, a supporting letter must be attached. Omitting this can cause the contract to be deemed incomplete.

  4. Incorrect Funding Percentages: When indicating the percentage of state, federal, and other funds, ensure the total adds up to 100%. Miscalculations can lead to confusion.

  5. Not Specifying Other Funds: If there are other sources of funding, clearly specify them. Leaving this blank can raise questions about the contract’s financial backing.

  6. Neglecting the Act 2001-955 Disclosure Form: This form must accompany the contract. Not including it can lead to compliance issues.

  7. Incorrect Contract Dates: Ensure the effective and end dates are accurate. Mistakes here can lead to misunderstandings regarding the contract's duration.

  8. Failure to Certify Information: The agency head must sign to certify that the information provided is correct. A missing signature can invalidate the contract.

  9. Not Checking RFP Posting: Confirm whether the RFP was posted to the statewide database. If it wasn’t, provide a brief explanation; otherwise, it may raise red flags.

Documents used along the form

The Alabama Contract form serves as a vital document in the contracting process, ensuring that all parties involved are aware of their responsibilities and obligations. Alongside this form, several other documents are often utilized to facilitate a comprehensive understanding of the contract's context and requirements. Below is a list of additional forms and documents that commonly accompany the Alabama Contract form.

  • Act 2001-955 Disclosure Form: This form is essential for disclosing any potential conflicts of interest related to the contractor. It ensures transparency and accountability in the contracting process.
  • Bid Proposal: When a contract is awarded through a competitive bidding process, the bid proposal outlines the contractor's offer, including pricing and project specifics. This document is crucial for evaluating the contractor's qualifications.
  • Request for Proposal (RFP): An RFP is issued when a state agency seeks proposals from various contractors for specific services. This document details the project requirements and evaluation criteria, guiding contractors in their submissions.
  • Contract Amendment Form: If changes to the original contract are necessary, this form outlines the modifications, including adjustments to terms, scope, or pricing. It ensures that all parties agree to the new terms.
  • Certificate of Insurance: This document verifies that the contractor has the necessary insurance coverage to protect against potential liabilities. It is a crucial requirement for safeguarding both parties involved in the contract.
  • Minority and Woman-Owned Business Certification: If the contractor qualifies as a minority or woman-owned business, this certification is required to confirm their status. It supports diversity and inclusion in state contracting.
  • Fiscal Policies & Procedures Manual: This manual provides guidelines for financial management and accountability in state contracts. It is a reference document that helps ensure compliance with state regulations.

Understanding these accompanying documents can significantly enhance the clarity and effectiveness of the contracting process. Each form plays a distinct role in fostering transparency, accountability, and compliance, ultimately contributing to successful partnerships between state agencies and contractors.

Similar forms

  • Standard Contract Agreement: Similar to the Alabama Contract form, a standard contract outlines the terms and conditions of an agreement between two parties. Both documents require details about the parties involved, the nature of the agreement, and the obligations of each party.
  • Service Agreement: This document specifies the services to be provided, much like the Alabama Contract form. It includes the scope of work, payment terms, and duration of the agreement, ensuring clarity in the services rendered.
  • Memorandum of Understanding (MOU): An MOU is often used to outline mutual intentions between parties. Similar to the Alabama Contract form, it details the responsibilities and expectations of each party, although it may not be legally binding.
  • Purchase Order: A purchase order initiates a transaction between a buyer and seller. Like the Alabama Contract form, it includes essential information such as the quantity, description of goods or services, and payment terms.
  • Lease Agreement: This document governs the rental of property. Similar to the Alabama Contract form, it includes terms regarding duration, payment, and responsibilities of both the landlord and tenant.
  • Non-Disclosure Agreement (NDA): An NDA protects confidential information shared between parties. It shares similarities with the Alabama Contract form in that it clearly defines the obligations of each party regarding sensitive information.
  • Employment Contract: This document outlines the terms of employment between an employer and employee. Like the Alabama Contract form, it includes details about responsibilities, compensation, and duration of employment.
  • Consulting Agreement: A consulting agreement specifies the terms under which a consultant will provide services. Similar to the Alabama Contract form, it includes the scope of work, payment structure, and duration of the consulting relationship.

Dos and Don'ts

When filling out the Alabama Contract form, it is essential to approach the process with care and attention to detail. Here are five important things to do and avoid in order to ensure a smooth completion of the form.

  • Do ensure accuracy in all entries. Double-check names, addresses, and dates to avoid any discrepancies that could lead to complications later.
  • Do attach necessary documentation. If the contractor is a sole source or a minority and/or woman-owned business, include the required letters or certifications.
  • Do specify funding sources clearly. Indicate the percentages of state, federal, and other funds, along with a description of the source of other funds.
  • Do clarify the necessity of the contract. Provide a thorough explanation of why the service cannot be performed by a merit employee, as this can be crucial for approval.
  • Do sign and date the form. Both the agency head and the contractor must provide their signatures to validate the contract.
  • Don't leave any fields blank. Incomplete forms can delay the review process or lead to rejection.
  • Don't use a P.O. Box for the contractor's address. A physical street address is required to ensure proper identification and communication.
  • Don't forget to include the Act 2001-955 Disclosure Form. This is a critical component that must accompany the contract if applicable.
  • Don't misrepresent the contractor's status. Be honest about whether the contractor is a sole source or if they have ties to any legislators.
  • Don't submit the form without a thorough review. It is vital to ensure that all information is complete and accurate before submission to avoid potential issues.

Misconceptions

Here are ten common misconceptions about the Alabama Contract form, along with clarifications for each:

  1. Only state agencies can use the form. Many believe that only state agencies are eligible to use the Alabama Contract form. In reality, contractors working with these agencies must also complete the form.
  2. The form is only for new contracts. Some think the form is only applicable for new contracts. However, it can also be used for contract renewals and amendments.
  3. All contractors must be Alabama-based. It is a common misconception that all contractors must be located in Alabama. While local contractors are preferred, out-of-state contractors can also apply if they meet specific criteria.
  4. Minority and woman-owned businesses are exempt from the form. There is a belief that minority and woman-owned businesses do not need to fill out the form. In fact, they must still complete it, but there are specific sections related to their status.
  5. The contract amount is fixed once submitted. Some individuals think that once the contract amount is submitted, it cannot be changed. This is not true, as amendments can adjust the amount if necessary.
  6. Only the agency head can sign the form. Many assume that only the agency head has the authority to sign the form. However, the contractor's signature is also required, making it a mutual agreement.
  7. There is no need for a lobbyist disclosure. Some believe that if a lobbyist was not involved, they do not need to disclose anything. However, the form requires a disclosure regardless of lobbyist involvement.
  8. Submitting the form guarantees contract approval. A common misconception is that submitting the form ensures automatic approval of the contract. Approval is contingent upon review and compliance with all requirements.
  9. The form is only necessary for large contracts. Many think the form is only needed for significant contracts. In truth, it is required for all contracts, regardless of size.
  10. All fields on the form are optional. Some individuals believe that they can skip fields they consider unimportant. However, many fields are mandatory for the form to be valid.

Key takeaways

  • Ensure that you fill out all required fields accurately, including the names of the state agency and contractor.
  • Always provide a physical street address for the contractor; P.O. Boxes are not accepted.
  • Indicate if the contractor is a sole source. If so, a supporting letter must be attached.
  • Verify whether the contractor is organized as an Alabama entity and check their certification status if they are a minority or woman-owned business.
  • Confirm that the contractor is registered with the Alabama Secretary of State to conduct business in Alabama.
  • Include the Act 2001-955 Disclosure Form with the contract, if applicable.
  • Disclose if the contractor has any current members of the legislature or their family members employed.
  • Note if a lobbyist or consultant was involved in securing the contract and provide their name if applicable.
  • Clearly state the contract number and the amount being requested for the contract or amendment.
  • Provide a summary of the services to be offered and explain why these services cannot be performed by a merit employee.