Section 41-4-122 - Responsibilities(a) The Chief Procurement Officer shall serve as the central procurement officer of the state.(b) Consistent with this article, the Chief Procurement Officer shall adopt operational procedures governing the internal functions of the Division of Procurement.(c) Except as otherwise specifically provided in this article, the Chief Procurement Officer, in accordance with rules adopted under this article, shall do all of the following:(1) Except for alcoholic beverages, which shall be purchased by the Alcoholic Beverage Control Board, procure or supervise the procurement of all supplies and services needed by the state.(2) Ensure compliance with this article and the rules implementing this article by reviewing and monitoring procurements conducted by any designee, department, agency, or official delegated authority under Section 41-4-123. (3) Perform other functions and duties of the Department of Finance as may be assigned by the Director of Finance.(d) The Chief Procurement Officer may establish and maintain a system for the purchase of supplies and services by governmental bodies that conduct their procurement activities through the Division of Procurement, through the utilization of approved credit cards. County and municipal governments and instrumentalities or public corporations thereof may participate in the state fleet fuel card program subject to the terms and conditions of the program related to the utilization of the fleet fuel card; provided, however, that county and municipal governments and instrumentalities or public corporations thereof shall not otherwise be subject to this subsection. The Chief Procurement Officer shall establish by rule a process for the competitive solicitation of credit card providers. The state Comptroller and the Chief Procurement Officer shall adopt fiscal procedures governing the payment of charges incurred by credit card users and the utilization of credit cards. The use of approved credit cards shall be established by the state Comptroller and the Chief Procurement Officer, with the approval of the Director of Finance, and be published through the Alabama fiscal procedures, in which each purchase made using approved credit cards is required to have prior approval by the department head or his or her designee and a record of each purchase and approval is to be maintained. The Chief Procurement Officer may select the provider or providers offering the highest fees to the division for the use of its credit card or credit cards. Fees received by the division for the use of credit cards shall be placed in a special fund entitled the State Procurement Fund in the State Treasury for the use of the division and the funds shall be appropriated, budgeted, and allotted in accordance with Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts stipulated in general appropriations bills and other appropriation bills. Approved credit cards may be issued to requisitioning agencies upon the recommendation of the Chief Procurement Officer and the approval of the Director of Finance. Approved credit cards shall be assigned to the department and limited in number. Approved credit cards may be utilized to purchase items of supplies and services, and may not exceed the limitations set forth by rule. The director of the governmental body utilizing credit cards is responsible for the proper use of credit cards assigned to his or her agency, in accordance with rules established by Alabama fiscal procedures. The Chief Procurement Officer may collect any credit card from any governmental body at any time due to improper use. The Chief Procurement Officer shall submit an annual report and accounting regarding the use of credit cards by each governmental body to the Director of Finance and the Governor.(e) The Division of Procurement may charge a biannual registration fee to vendors desiring to register with the office to receive invitations to bid for any supplies or services solicited by the division and to governmental bodies for their proportionate share of operating costs of the office. Any fee shall be set by administrative rule upon the approval of the Director of Finance. Any fees collected under this subsection shall be deposited in the State Treasury to the credit of the State Procurement Fund and shall be appropriated, budgeted, and allotted in accordance with Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts stipulated in general appropriations bills and other appropriation bills.(f) The Chief Procurement Officer may make purchases, contracts, or leases for any county, instrumentality of a county, municipal corporation, local board of education, or other local public body upon the request of the local public body.(g) The Chief Procurement Officer shall adopt rules consistent with this article to govern the procurement of supplies and services procured by the state.Ala. Code § 41-4-122 (1975)
Amended by Act 2023-542,§ 1, eff. 6/14/2023.Amended by Act 2022-357,§ 1, eff. 10/1/2022.Added by Act 2021-296,§ 2, eff. 10/1/2022.