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In the intricate world of formal agreements, the Alabama Contract form stands as a crucial document designed to ensure transparency and accountability in business dealings involving state agencies. This comprehensive form, utilized by the Contract Review Permanent Legislative Oversight Committee located in Montgomery, Alabama, mandates a detailed report for each contract to secure a streamlined review process. It requires essential information such as the name and address of the contractor, the nature of the business (highlighting if it's a sole source, minority, and/or woman-owned), and whether the contractor complies with local incorporation laws. It further probes into the contractor's affiliations, asking if any current members of the legislature or their family members are employed by the contractor, and whether a lobbyist or consultant played a role in securing the contract. In addition to financial specifics, the form scrutinizes the funding sources, the effective and end dates of the contract, and whether the service provided could be executed by a state employee. This meticulous documentation process aims at ensuring that contracts are awarded fairly, efficiently, and in a manner that serves the public's best interest, with a clear enumeration of the services to be provided and a justification for outsourcing them, thereby fortifying the state's financial integrity.

Alabama Contract Example

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

▼ PDF File

Form Specs

Fact Number Fact Detail
1 The Contract Review Permanent Legislative Oversight Committee is based in the Alabama State House, Montgomery, Alabama.
2 A separate review report is required for each contract.
3 The form requests information about the contractor, including physical street address and whether the contractor is a sole source.
4 It inquires if the contractor is an Alabama entity and if it is a minority and/or woman-owned business.
5 Certification by the State of Alabama is required for contractors claiming minority and/or woman-owned business status.
6 The contractor must indicate whether they are registered with the Alabama Secretary of State to do business in Alabama.
7 Contractors are queried on the Act 2001-955 Disclosure Form and any legislative connections.
8 Information on the use of lobbyists or consultants in securing the contract is requested.
9 The form requires detailed contract information including amounts, funding sources, and duration.
10 It assesses the necessity of the contract, its procurement process, and why the service cannot be performed by a merit employee.

Detailed Guide for Writing Alabama Contract

Filling out the Alabama Contract Review Report is an important step for recording details about state contracts, including information about the contractor, the services provided, and funding sources. This process ensures transparency and accountability in the use of state resources. The following steps will guide you through filling out the form accurately and thoroughly.

  1. Enter the name of the State Agency you are filing the report for in the designated space.
  2. Fill in the Name of Contractor, ensuring accuracy to avoid any confusion or mismatches in records.
  3. Provide the Contractor’s Physical Street Address, noting that P.O. Box addresses are not accepted. Include the city and state in the spaces provided.
  4. Indicate whether the contractor is a Sole Source by marking YES or NO. Attach a letter if you select YES.
  5. Answer YES or NO to whether the contractor is organized as an Alabama Entity.
  6. Identify if the contractor is a minority and/or woman-owned business, and if it is certified as such by the State of Alabama.
  7. Check all applicable boxes that relate to the contractor, such as ALDOT, ADECA, or OTHER, and specify if other.
  8. Confirm if the contractor is Registered with Alabama Secretary of State to do business as a Corporation in Alabama.
  9. If the contractor is an LLC, provide the names of members.
  10. Indicate if the Act 2001-955 Disclosure Form is included with this contract.
  11. Specify if the contractor has a current member of the Legislature or a family member of a Legislator employed and answer whether a lobbyist or consultant was used to secure this contract.
  12. Fill in the Contract Number, the amount for the contract/amendment, and the percentage of state, federal, and other funds being used.
  13. Provide the Date Contract Effective and the Date Contract Ends.
  14. Identify the type of contract: New, Renewal, or Amendment. Fill in additional details if it's a Renewal or an Amendment.
  15. Answer questions regarding the bid process, including if the contract was secured through a bid or RFP process, the use of the lowest bid, and the RFP award details.
  16. Enter a Summary of Contract Services to be provided, explaining why the contract is necessary and why the service cannot be performed by a merit employee.
  17. Complete the form with the Signature of Agency Head and Signature of Contractor, alongside their printed names.
  18. Lastly, fill in the Agency Contact information and provide a phone number for potential queries.

Once the form is completed, ensure all the necessary attachments are included and review the form for accuracy. Submit it to the designated address or department as instructed. This form serves as a key document in maintaining the integrity and transparency of the contracting process within the state of Alabama.

Common Questions

What is the purpose of the Alabama Contract Review Permanent Legislative Oversight Committee?

The Alabama Contract Review Permanent Legislative Oversight Committee oversees contracts to ensure they meet legal and policy requirements. Its main purpose is to review state contracts for compliance, fairness, and to safeguard public interests.

What information must be provided in the Alabama Contract Review Report?

The report requires details such as the names of the state agency and contractor, the contractor’s physical address, information on whether the contractor is a sole source, a minority and/or woman-owned business, registration details with the Alabama Secretary of State, financial details of the contract, and a summary of the services to be provided.

What does it mean if a contractor is considered a "sole source"?

A "sole source" contractor means that they are the only provider of the service or product needed. In such cases, a letter must be attached to the contract review report explaining why this contractor is unique and why competitive bidding was not applicable.

Is it mandatory for a contractor to be organized as an Alabama entity?

While it's encouraged, it's not mandatory for a contractor to be organized as an Alabama entity. However, whether the contractor is an Alabama entity or not must be specified in the contract review report.

What are the requirements for a contractor to be classified as a minority and/or woman-owned business?

To be classified as a minority and/or woman-owned business, the contractor must meet specific state-defined criteria and be certified as such by the State of Alabama.

What does it mean for a contract to be "secured through the Bid Process"?

A contract "secured through the Bid Process" means that the contract opportunity was opened to competitive bidding, and bids were submitted by various contractors. The process is designed to ensure transparency and fairness.

What is the significance of the Act 2001-955 Disclosure Form?

The Act 2001-955 Disclosure Form is necessary to disclose any potential conflicts of interest, such as current legislators or their family members being employed by the contractor, or if a lobbyist/consultant was used to secure the contract.

How is the "Amount of the Contract" determined?

The "Amount of the Contract" is determined by the services provided, the cost of those services, and the negotiation between the state agency and the contractor. It reflects the total asking amount for the current phase of the contract.

What criteria are used to decide whether to renew a contract?

Criteria for renewing a contract include the contractor’s performance, the necessity of the services provided, and whether the original contract was secured through a bidding process or not.

How important is it for a contractor to be registered with the Alabama Secretary of State?

Registration with the Alabama Secretary of State is crucial as it confirms the legitimacy and legal status of the business to operate in Alabama. It's a fundamental requirement for those wanting to enter into contracts with state agencies.

Common mistakes

Filling out the Alabama Contract form requires attention to detail and a comprehensive understanding of what is required. Mistakes in filling out this document can lead to delays, misunderstandings, or even the invalidation of the contract. Here are nine common mistakes people often make:

  1. Failing to provide a physical address for the contractor. A P.O. Box is not accepted, yet people frequently overlook this requirement.
  2. Not attaching a letter when indicating the contractor is a sole source. This document is crucial for verifying the sole source status but is often omitted.
  3. Incorrectly identifying or failing to identify if the contractor is organized as an Alabama entity or is a minority and/or woman-owned business without confirming certification by the State of Alabama.
  4. Leaving the section about the contractor being registered with the Alabama Secretary of State to do business as a Corporation or LLC incomplete, including not listing the names of LLC members when required.
  5. Omitting the Act 2001-955 Disclosure Form from the contract package. This form is essential for transparency but is frequently forgotten.
  6. Not disclosing the employment of a current member of the Legislature, or a family member of a Legislator, which can create conflicts of interest.
  7. Forgetting to name a lobbyist or consultant if one was used to secure the contract or is affiliated with the contractor, which is necessary for full disclosure.
  8. Misunderstanding the financial section by not correctly disclosing the amount for the current request or inaccurately stating the sources of funding, including state, federal, and other funds.
  9. Providing an incomplete or vague summary of the services to be provided under the contract, or not thoroughly explaining why the service cannot be performed by a merit employee.

While these mistakes can be common, they are easily avoidable with careful review and understanding of the form's requirements. It's essential to read the form thoroughly, provide all required attachments, and clearly state all necessary information to avoid delays or rejection. Being meticulous about details and ensuring accuracy in all sections of the form is vital to successfully completing the Alabama Contract form.

In summary, individuals who are tasked with filling out this form should take their time, double-check their entries, and ensure that all information is provided as requested. Correcting these common mistakes proactively can streamline the contract review process, facilitating smoother operations and compliance with Alabama state regulations.

Documents used along the form

When navigating the complexities of legal and contractual agreements in Alabama, it's crucial for both businesses and individuals to be well-prepared with the right set of documents. Alongside the Alabama Contract form, several other forms and documents often play a vital role in ensuring a smooth contractual process. These documents not only supplement the information provided in the main contract but also address specific regulatory and compliance needs that are critical for executing agreements within the legal framework of Alabama.

  • Letter of Intent (LOI): This preliminary document outlines the basic terms of a deal before the actual contract is finalized. It serves to express a mutual agreement to move forward but is generally not legally binding.
  • Non-Disclosure Agreement (NDA): To protect sensitive information shared during negotiations, an NDA is crucial. It ensures that confidential details remain secure between the involved parties.
  • Due Diligence Checklist: Before finalizing a contract, a thorough investigation of the involved parties is essential. This checklist guides what financial, legal, and operational aspects need to be reviewed.
  • Statement of Work (SOW): Often used in service contracts, a SOW defines the specific tasks, timelines, and deliverables that a service provider is expected to accomplish.
  • Amendment Form: Contracts often need adjustments or updates. An amendment form is used to document and agree upon changes to the original contract terms without starting over.
  • Termination Clause: This document outlines the conditions under which the contract may be ended by either party. It includes details such as notice periods and any applicable termination fees.

In the realm of contractual agreements, being well-informed and prepared with the necessary documents is half the battle. Each of these documents serves a specific purpose, complementing the Alabama Contract form and ensuring that all parties are clear on their rights, responsibilities, and the scope of the agreement. Understanding and utilizing these documents effectively can prevent misunderstandings, protect interests, and contribute to a successful partnership or business deal.

Similar forms

The Alabama Contract form is similar to the General Service Agreement forms used by various states for contracting services. Both documents require specific details about the service provider and the hiring entity, including names, addresses, and the nature of the services to be provided. They also share requirements for detailed descriptions of the contract amount, funding sources, and the contract's effective dates. Just like the Alabama form, General Service Agreements often require declarations regarding the contractor's legal status, such as incorporation details, minority or woman-owned business status, and compliance with local regulations.

Another document the Alabama Contract form resembles is the Federal Standard Form 33 (SF-33), utilized for government procurement in the United States. Both forms necessitate comprehensive information about the contracting parties, the scope of services, and financial details. They each include sections on contractor certification regarding legal and regulatory compliance, emphasizing the need for disclosures about lobbyist involvement and the use of sole source contracting. The emphasis on transparency and adherence to specific procurement laws and guidelines reflects a unified approach to public contract administration across different government levels.

Lastly, the Alabama Contract form shares similarities with the Uniform Contract Format (UCF) adopted for federal contracts. Both structures guide users through a series of sections that cover the administrative, contractual, and technical requirements of the engagement. These include detailed contractor information, descriptions of services, contractual obligations, funding sources, and performance periods. The focus on detailed disclosures, such as the involvement of lobbyists and the status of the contractor as a minority or woman-owned business, underscores the commitment to fairness, transparency, and accountability in public contracts. While the UCF is more detailed and tailored for federal contracting, the underlying principles of structured information presentation and the need for clear, comprehensive contract details are consistent with the Alabama Contract form’s approach.

Dos and Don'ts

When filling out the Alabama Contract form, it’s crucial to approach the task with diligence and attention to detail. To assist, here's a guide on what you should and shouldn't do to ensure the process is completed accurately and effectively.

What You Should Do:

  1. Read all instructions carefully before starting to ensure you understand the requirements.
  2. Ensure the Name of State Agency and Name of Contractor are clearly and correctly filled out.
  3. Provide the Contractor’s Physical Street Address. Remember, P.O. Box addresses are not accepted.
  4. Indicate clearly whether the contractor is a Sole Source, and if affirmative, attach the required letter.
  5. Check the appropriate boxes regarding the contractor's status as an Alabama Entity, a minority and/or woman-owned business, and their registration with the Alabama Secretary of State.
  6. Include all necessary documentation, such as the Act 2001-955 Disclosure Form, if applicable.
  7. Accurately fill out the Contract/Amendment Amount section focusing only on the amount requested for the current submission.
  8. Provide detailed information on the Summary of Contract Services to be provided and explain why the contract is necessary and cannot be performed by a merit employee.
  9. Confirm that all information provided is correct before signing by reviewing the filled sections.
  10. Ensure both the Agency Head and the Contractor sign the form, guaranteeing accuracy and agreement.

What You Shouldn’t Do:

  • Do not leave essential fields blank. All required information must be completed for the contract to be processed.
  • Avoid using a P.O. Box for the Contractor’s address; a physical address is mandatory.
  • Do not guess on details like the contractor's registration status with the Alabama Secretary of State - verify all information for accuracy.
  • Avoid omitting the attachment of critical documents for sole source or minority and/or woman-owned business status if applicable.
  • Do not provide vague descriptions in the Summary of Contract Services section. Be clear and concise.
  • Avoid submitting the form without the necessary signatures, as an unsigned form is incomplete and invalid.
  • Do not ignore the importance of accurately completing the financial sections, as discrepancies could lead to delays or rejections.
  • Resist the urge to skip the detailed explanation if the contract did not go through a Bid or RFP process when required.
  • Do not provide outdated or incorrect contact information for the Agency Contact.
  • Avoid hastiness. Taking the time to review each section for completeness and accuracy is essential.

Misconceptions

Many individuals hold misconceptions about the Alabama Contract form, primarily due to its comprehensive nature and the specific requirements it entails. It's crucial to correct these misunderstandings to ensure clear communication and effective compliance. Here are eight common misconceptions:

  • All contracts in Alabama must follow the exact template provided. Each contract may require specific modifications to address the unique aspects of the agreement. The provided form serves as a guideline, not a rigid template.
  • The Contractor’s physical address can be a P.O. Box. The form expressly requires a physical street address. This specification is intended to ensure there's a verifiable location for the contractor beyond a mailing address.
  • Contractor registration with the Alabama Secretary of State is optional. It is mandatory for contractors to be registered if they wish to do business in Alabama, particularly as a corporation or LLC.
  • Being a minority and/or woman-owned business is not significant. The form asks for this information, emphasizing the state’s interest in promoting diversity among its contractors. Certification by the State of Alabama adds credibility and may offer advantages in the contracting process.
  • Sole source contracting doesn’t require extra documentation. If a contractor is a sole source, an attachment of a letter explaining why is required, underscoring the lack of comparable sources.
  • The Act 2001-955 Disclosure Form is only a formality. Including this form is crucial as it discloses relationships that might affect the contract's integrity, preventing conflicts of interest.
  • Any percentage of funding can be specified without clarification. The form mandates specifying the source of 'Other Funds,' ensuring transparency about the contract’s financial backing.
  • Contracts can be finalized without a summary of services. A detailed summary of the services to be provided is essential. This not only outlines the contract's scope but also justifies why the service cannot be performed by a merit employee and why the contract is necessary.

Understanding these aspects can significantly smooth the process of completing and submitting the Alabama Contract form, ensuring that all parties are accurately informed and compliant with state requirements.

Key takeaways

When engaging with the Alabama Contract form, it's important to consider the following key takeaways to ensure proper completion and use:

  • Accuracy is Critical: Each field must be completed with accurate information to reflect the details of the contract accurately. This includes the names of the state agency and contractor, as well as the contractor's physical address.
  • No P.O. Boxes Allowed: The contract form specifically prohibits the use of P.O. boxes for the contractor’s physical street address, highlighting the need for a verifiable location.
  • Sole Source Justification: If the contractor is a sole source, a justification letter must be attached. This indicates that the contractor provides a unique service or product that is not available from any other source.
  • Minority and Woman-Owned Business Status: Contractors should disclose if they are a minority and/or woman-owned business. If affirmative, they must verify if they are certified as such by the State of Alabama, which can be pertinent for compliance and reporting purposes.
  • Compliance with Alabama Laws: The form queries whether the contractor is organized as an Alabama entity and if it is registered with the Alabama Secretary of State to do business in Alabama, underscoring the importance of compliance with state legal requirements.
  • Disclosure Requirements: There are questions related to the Act 2001-955 Disclosure Form and whether the contractor employs a current member of the Legislature or their family members, aiming to ensure transparency and avoid conflicts of interest.
  • Lobbyist and Consultant Disclosure: If a lobbyist or consultant was used to secure the contract or is affiliated with the contractor, their names must be disclosed. This transparency is crucial for maintaining ethical standards in government contracting.
  • Contract Details: The form requires detailed information about the contract, including the contract number, amount, funding sources, effective dates, and the nature of the services provided. When applicable, details about the bid process, including whether the contract was secured through a bid or an RFP (Request for Proposal) process, and whether the lowest bid was accepted, must be included.

Each section of the Alabama Contract form is designed to ensure that contracts entered into by state agencies are transparent, competitive, and in compliance with state regulations. By paying careful attention to the form's requirements, agencies and contractors can contribute to a fair and efficient procurement process.

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