Ala. Admin. Code r. 355-4-2-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 355-4-2-.02 - Delegation Of Authority By The Chief Procurement Officer

(1) Authority to Delegate.

(a) Rule of Interpretation. Authority may not be delegated by the Chief Procurement Officer or by the head of a Purchasing Agency unless so provided in the State Procurement Code or these Rules.

(b) General. Except as otherwise provided in these Rules, any authority conferred on the Chief Procurement Officer by the State Procurement Code may be delegated by that officer to any employee in any Governmental Body; and any authority conferred on the head of a Purchasing Agency by the State Procurement Code may be delegated by that officer to any employee in that Purchasing Agency. Such delegations shall remain in effect unless modified or until revoked in writing.

(c) Statutory Exceptions to Delegation. The authority conferred on the Chief Procurement Officer or the head of a Purchasing Agency in the following Sections of the State Procurement Code shall not be delegated:

1.Code of Ala. 1975, § 41-4-155(c) (Contract Clauses and Their Administration, Modification of Clauses);

2.Code of Ala. 1975, § 41-4-161(f) (Authority to Resolve Protested Solicitations and Awards, Stay of Procurements During Protests); and

3.Code of Ala. 1975, § 41-4-162(a) (Authority to Debar or Suspend, Authority).

(2)General Policy. Any designee of the Chief Procurement Officer, or of the head of a Purchasing Agency, shall exercise delegated authority in accordance with the delegation, the State Procurement Code, and these Rules.

Ala. Admin. Code r. 355-4-2-.02

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 09, June 30, 2022, eff. 8/14/2022; operative 10/1/2022.

Author: Department of Finance, Legal Division

Authority:Code of Ala. 1975, § 41-4-123.