1. (1) As used throughout these Rules, words and terms defined in the State Procurement Code shall have the same meaning as in the Code, and each word or term listed in this Rule shall have the meaning set forth below or in the Rule cited, unless:

   1. (a) its use clearly requires a different meaning; or
   2. (b) a different definition is prescribed for a particular Chapter or portion thereof.
2. (2) Brand Name or Equal Specification is defined in Rule 355-4-4-.01.
3. (3) Brand Name Specification is defined in Rule 355-4-4-.01.
4. (4) Capability is defined in Rule 355-4-3-.01.

5. (5) Confidential Information is defined as:

   1. (a) Information which is exempt from disclosure under Code of Ala. 1975, §41-4-115 of the Code of Ala. 1975;

   2. (b) Information which is protected as a matter of state or federal security or privacy statute, regulation, or policy, including without limitation;

      1. 1. Sensitive Personally Identifying Information as defined in the Alabama Data Breach Notification Act at Code of Ala. 1975, §8-28-2(6);
      2. 2. Protected Health Information as defined in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule;
      3. 3. Federal Tax Information as defined and regulated by the us Internal Revenue Service Publication 1075 or equivalent publication;
      4. 4. Criminal Justice Information as defined and regulated by the Federal Bureau of Investigation Criminal Justice Information Services (CJIS) Security Policy; and
      5. 5. In addition to any statutory or regulatory definitions, any biometric data or geolocation data of any individual.
   3. (c) Software source code and configurations, whether developed by the State or otherwise;
   4. (d) Login or authentication credentials for any electronic system, whether such credentials are administrative or individual;
   5. (e) Records pertaining to information technology systems, including cyber security plans, vulnerability testing, reports, and assessments materials, detailed network system designs, diagrams, and schematics, detailed hardware and software inventories, or other materials the release of which would make public security details that would aid an attempted security breach or circumvention of law as to the items assessed;
   6. (f) Any audit, assessment, compliance report, work papers or any combination of these that if disclosed could allow unauthorized access to the State's information technology assets;
   7. (g) Proprietary or trade secret information;
   8. (h) Unopened bids or proposals; and
   9. (i) Unpriced technical offers;
6. (6) Days mean calendar days. In computing any period of time prescribed by these Rules, Code of Ala. 1975, §1-1-4 shall govern.
7. (7) Discussions is defined in Rule 355-4-3-.01.
8. (8) Evaluative Documents.  Those documents submitted by a bidder or proposer or created by a member of a source selection team that are relied upon by the Chief Procurement Officer or Head of a Purchasing Agency in determining a source selection.  Evaluative documents do not include a source selection recommendation memorandum summarizing the bids or proposals, summarizing the evaluation of the bids or proposals, or a recommendation as to source selection.
9. (9) May denotes the permissive. However, the words "no person may" mean that no person is required, authorized, or permitted to do the act prescribed.
10. (10) Offer means proposal and Offeror means a person submitting a proposal when a procurement is made by a source selection method other than competitive sealed bidding.
11. (11) Practicable denotes what may be accomplished or put into practical application. For purposes of these Rules, the terms "practical" and "practicable" shall be considered to have the same meaning.
12. (12) Prequalification for Inclusion on Bidders Lists is defined in Rule 355-4-3-.01.
13. (13) Protest means a written statement concerning any unresolved disagreement or controversy arising out of the solicitation or award of a State contract filed in accordance with Rule 355-4-6-.01.
14. (14) Protester is defined in Rule 355-4-6-.01.
15. (15) Public Record. A public record is a record that is releasable to the general public in accordance with the Alabama Open Records Act.
16. (16) Purchase Request or Purchase Requisition means that document whereby a Using Agency requests that a contract be entered into for a specific need, and may include, but is not limited to, the description of the requested item, delivery schedule, transportation data, criteria for evaluation, suggested sources of supply, and information supplied for the making of any written determination required by the State Procurement Code or these Rules.
17. (17) Qualified Products List is defined in Rule 355-4-4-.01.
18. (18) Solicitation is defined in Rule 355-4-3-.01.
19. (19) Specification is defined in Rule 355-4-4-.01.
20. (20) Specification for a Common or General Use Item is defined in Rule 355-4-4-.01.
21. (21) State is defined as the State of Alabama.
22. (22) State Procurement Code is defined as Act 2021-296 as amended.
23. (23) Technical Proposal means solicited or unsolicited submission of information from a prospective contractor which states how that party intends to perform certain work; its technical and business qualifications; and its proposed delivery, warranty, and other terms and conditions as those might differ from or supplement the State's solicitation requirements. It shall include such pricing information as may be required.

Author: Department of Finance, Legal Division

Statutory Authority: Code of Ala. 1975, §41-4-114.

Editor’s Note: This rule was previously Rule No. 355-4-1-.01 (same title) as per certification filed November 15, 2001; effective December 20, 2001. Was previously Rule .02 and renumbered .03 per certification published June 30, 2022; effective August 14, 2022.

History: Filed September 30, 1982. Amended: Filed December 6, 1989; effective January 15, 1990. Repealed and New Rule: Filed November 15, 2001; effective December 20, 2001. Amended: Filed January 18, 2008; effective February 22, 2008. Amended: Filed April 6, 2010; effective May 11, 2010. Repealed and New Rule: Published June 30, 2022; effective August 14, 2022; operative October 1, 2022. Amended: Published January 31, 2025; effective March 17, 2025.