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.
