If your business works with government agencies in Alabama, or wants to, the procurement process is unlike anything in the private sector. Government contracts at the state and federal levels are governed by strict statutory frameworks, competitive bidding requirements, compliance obligations, and enforcement mechanisms that can trip up even experienced companies. Getting a contract is complicated enough. Keeping it, and getting paid under it, can be even harder.
Our Alabama government contracting lawyer at Bachus, Brom & Taylor, LLC has represented contractors, subcontractors, and businesses navigating government procurement for over 20 years. We understand both state procurement law and the Federal Acquisition Regulation, and we help clients compete for contracts, comply with their terms, and resolve disputes when they arise. Contact us to speak with a government contracting attorney in Alabama.
The most valuable asset in a government contracting lawyer is understanding how the government side of the table thinks. Our attorneys have that perspective because they have served in government.
Bryan M. Taylor handles government contracting cases alongside business law, civil litigation, appellate law, and political law. A former Alabama State Senator who held senior positions in three governors’ administrations, Bryan knows how state agencies evaluate bids, award contracts, and handle disputes. He also served as an Army JAG lawyer in the Alabama National Guard, earning the Bronze Star Medal and the American Bar Association’s Outstanding Young Military Lawyer Award. His military legal experience gives him familiarity with federal contracting and defense procurement that most private-sector attorneys simply don’t have. Bryan earned his J.D. from the University of Texas School of Law in 2001 and is licensed in Alabama and Texas.
Steven M. Brom brings complementary strength in corporate governance, administrative law and litigation, and public policy. He practices before the U.S. District Courts for the Northern, Middle, and Southern Districts of Alabama, the U.S. Court of Appeals for the Eleventh Circuit, and the Supreme Court of the United States. Steven’s work with local government and municipal law means he understands the procurement requirements that municipalities impose on their contractors, which often differ from state-level rules.
Our firm has been representing Alabama businesses for more than two decades.
Government contracting in Alabama requires familiarity with multiple legal frameworks that operate simultaneously. Alabama’s state procurement law, found primarily at Code of Alabama § 41-4-1 through § 41-4-400, governs how state agencies purchase goods and services. The public works contracting statute at § 39-2-1 et seq. imposes additional requirements for construction projects. Federal contracts bring the FAR, agency-specific regulations, and Small Business Administration rules into play. We handle all of these.
Pursuing a government contract costs money. The bid preparation, compliance infrastructure, bonding requirements, and performance obligations represent a significant investment. When problems arise, whether it is a bid protest, a contract dispute, or an audit finding, we move quickly to protect that investment.
⭐⭐⭐⭐⭐ “I am from out state and needed help with a law suit and recovery of an investment. Steven Brom did a excellent job informing me of Alabama state business law, establishing/winning the lawsuit in court and recovery of 100% of the capital invested. I highly recommend Bachus, Brom & Taylor litigation firm for any business dispute or legal advise.” – TJ Kowalski
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Our firm represents businesses and organizations across the full lifecycle of government contracting, from pre-award through contract closeout.
Alabama’s state procurement law establishes the rules for how agencies purchase goods, services, and construction. The framework is primarily contained in Title 41, Chapter 4 of the Code of Alabama, with additional requirements for public works contracts under Title 39.
Under § 41-4-132, state agencies must use competitive sealed bidding for most procurements above the small purchase threshold. Bids are publicly opened, and contracts must be awarded to the lowest responsive and responsible bidder. The statute defines “responsive” as conforming to the invitation for bids, and “responsible” as having the capacity, capability, and integrity to perform.
For public works contracts exceeding $100,000, § 39-2-2 requires competitive bidding with specific notice, bonding, and insurance requirements. Contractors must hold appropriate licenses under Alabama’s General Contractors Licensing Act. Failure to meet these requirements can disqualify a bid entirely.
The Alabama Department of Finance oversees state procurement operations and the Joint Contract Review Committee reviews significant state contracts. State contracts may also require approval by the Governor, depending on their value and scope.
Federal contracts follow the Federal Acquisition Regulation, which is a separate and extensive body of law governing procurement by all executive branch agencies. Alabama businesses pursuing federal work must comply with FAR requirements covering everything from cost accounting standards to socioeconomic program participation.
A bid protest is the primary mechanism for challenging a procurement decision in Alabama. When a contractor believes the awarding agency made an error, whether in evaluating bids, applying evaluation criteria, or following its own procedures, a protest can be filed with the Chief Procurement Officer. The protest must be timely and must identify specific violations of procurement law. We prepare protests that meet these standards and pursue them aggressively through the administrative process.
Government contracts in Alabama, particularly public works projects, require performance bonds and payment bonds. These bonding requirements protect the government and subcontractors. Securing adequate bonding can be a challenge for smaller firms, and bond claims raise their own legal issues. We advise contractors on bonding requirements and represent them in bond claim disputes.
Government agencies retain the right to terminate contracts either for their own convenience or for contractor default. These two types of termination have very different consequences. A termination for convenience generally allows the contractor to recover costs incurred plus a reasonable profit on work completed. A termination for default, on the other hand, can result in the contractor losing money, facing excess reprocurement costs, and being flagged for future contracting decisions. Knowing how to convert a termination for default into a termination for convenience can be worth millions. This kind of strategic business litigation is central to our government contracting practice.
Both Alabama and the federal government maintain programs designed to increase participation by small businesses, minority-owned businesses, and other disadvantaged enterprises. Navigating certification requirements, set-aside programs, and joint venture rules requires specific knowledge. We help businesses take advantage of these programs while staying in compliance with program rules.
Construction and service contracts with government agencies often involve change orders that alter the scope, schedule, or cost of the work. When parties disagree about whether a change order is warranted or how it should be priced, disputes follow. We represent contractors in change order negotiations and, when necessary, in formal claims proceedings through the administrative dispute resolution process.
The most serious consequence a government contractor can face, short of criminal prosecution, is debarment. Being debarred from government contracting means a business cannot receive new contracts from any government agency for a specified period. We represent contractors facing suspension and debarment proceedings, and we work to protect our clients’ ability to continue competing for government work.
Government contracting in Alabama involves high stakes, complex rules, and constant compliance demands. Whether you need help competing for a contract, resolving a dispute with an agency, or defending against an enforcement action, our firm has the background and experience to represent you effectively.
Contact us to discuss your government contracting matter with an attorney who understands procurement law in Alabama.
The U.S. Small Business Administration reported that small businesses won more than $183 billion in federal prime contracts in fiscal year 2024, roughly 28.8% of all federal contracting dollars, which cleared the government’s 23% small business contracts goal. A large share of Alabama’s federal work is defense related. The Department of Defense’s Defense Spending by State report tracks billions in annual defense contract spending across the state, concentrated around Redstone Arsenal in Madison County. State and local agencies in AL conduct their own purchasing on top of that federal activity, from supplies and services to public construction. For a contractor in Alabama, those figures represent significant opportunity and significant risk on every bid.
Winning a government contract in Alabama follows a defined process. Each stage carries its own rules, deadlines, and risks. The steps below outline how the process typically unfolds, and where an Alabama government contracting attorney can add value.
Cost depends on the matter being assessed. A bid review is a smaller engagement than a protest or a contract dispute that proceeds toward litigation. We discuss scope and fees at the first meeting, so you understand the cost before you commit.
Not for every bid. The rules are unforgiving, however, and a single nonresponsive submission can cost a contractor the award. Having a government contracts attorney review high-value proposals protects the money you spend preparing them.
A bid protest is a formal challenge to a procurement decision. A bidder argues that the agency evaluated bids improperly, applied the wrong criteria, or ignored its own procedures. A protest must be timely and must point to specific violations of procurement law.
Protest deadlines are short and vary by forum. State and federal processes each set their own deadlines, often measured in days from the award or from when the bidder learned of the problem. Missing the window usually forfeits the right to protest.
State contracts follow Alabama’s procurement code and are administered by the Chief Procurement Officer. Federal contracts follow the Federal Acquisition Regulation. The frameworks share common principles but differ on thresholds, protest forums, and compliance duties, so the approach changes with the customer.
Responsive means a bid conforms to the invitation. Responsible means the business has the capacity, integrity, and resources to perform. An agency may reject a bid that fails either test, which is why these commercial disputes often turn on precise contract language.
Yes. Both Alabama and the federal government operate set-aside and small business programs. Certification rules and joint venture requirements can be technical, so confirming eligibility before relying on a program is a sound first step.
It depends on the type. A termination for convenience generally allows recovery of costs plus reasonable profit on completed work. A termination for default can impose financial loss and affect future awards. The distinction carries substantial consequences.
For public works, contractors must post bonds that protect the government and subcontractors. Bonding can be difficult for smaller firms, and bond claims raise their own questions. We advise on bonding obligations and represent contractors in bond disputes.
Debarment bars a business from receiving new government contracts for a set period. Short of criminal charges, it is the most serious consequence a contractor faces. We defend contractors in suspension and debarment proceedings, and we help address the regulatory findings that often lead to them, to protect their ability to continue competing.
Yes. Prime and subcontractor disputes on government projects raise issues that ordinary business legal issues do not, because the government’s interest is also at stake. We handle payment claims, performance disagreements, and scope disputes on both sides.
Contact our firm and describe your situation. Whether you are preparing a bid, facing a protest, or pursuing payment, reviewing the facts early provides more options. Acting promptly is generally more effective than relying on demand letters after a dispute has hardened.
State procurement in Alabama is centered in Montgomery, where the Department of Finance’s Chief Procurement Officer oversees purchasing and handles protests through an administrative process. Public works disputes and contract claims can move into state court. Federal matters follow a separate track, with protests heard by federal forums and claims resolved under federal procedures. Each option sets its own filing deadlines, evidentiary rules, and routes for appeal, and a step permitted in one may be barred in another. The correct venue depends on the customer and the contract, and choosing it correctly shapes the entire case.
Several Alabama organizations help contractors identify opportunities, register, and maintain compliance. The list below is a starting point for businesses navigating procurement across the state.
We list these resources for your convenience. We are not affiliated with them, and naming them is not an endorsement.
Bachus, Brom & Taylor, LLC represents Alabama businesses in procurement, litigation, and contract matters across the state. Partner Steven M. Brom is admitted to the Alabama State Bar and the Georgia State Bar and is a member of the Birmingham Bar Association. Alongside partner Bryan M. Taylor, he advises contractors and companies whose success depends on government contracts.
⭐⭐⭐⭐⭐ “Mr Taylor has provided legal oversight and assistance with legal matters for my medical practice for several years. They are very knowledgeable, helpful, professional, and punctual. I would highly recommend this firm.” – William Hudson
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If you are preparing a bid, challenging an award, or seeking payment on a contract, our Alabama government contracting attorneys are ready to assist. We will review the facts, explain your options, and set out the scope and fees clearly before any work begins. Procurement matters move quickly, and we aim to respond to inquiries promptly so that deadlines are not missed while you wait. Contact us to discuss your government contracting matter with a lawyer who understands Alabama procurement law.
