For the purpose of the rules of this Chapter relating to procurement of materials, supplies, and services by the Department, the following terms, words and phrases will have the meanings herein given, unless otherwise specifically defined in this Chapter, unless another intention clearly appears, or the context otherwise requires.  The singular will include the plural, and the plural will include the singular.

1. (1) ARCHITECT SERVICES:  services provided by a firm or individual who is legally qualified to practice architecture.

2. (2) ENGINEERING SERVICES:  services provided by a firm or individual:

   1. (a) who, by reason of his or her special knowledge of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience, is qualified to practice engineering and has been licensed by the state board as a professional engineer, or employs individuals with such attributes, or
   2. (b) who is a professional specialist, or employs professional specialists, in the technique of measuring land, educated in the principles of mathematics, the related physical and applied sciences, and the relevant requirements of law for adequate evidence and all requisites to surveying of real property, is qualified to practice land surveying, and has been licensed as a professional land surveyor by the state board.
3. (3) EQUIPMENT:  self-propelled motor vehicles, machinery, tools, or other equipment used by the Department in connection with the discharge of its duties related to construction, maintenance, and repair of roads and bridges within this State.
4. (4) MAINTENANCE:  activities of the Department to maintain the condition of the transportation system, which may be routine or preventative, or to respond to specific conditions or events that restore the highway system to a functional state of operation.
5. (5) OPERATIONS:  activities of the Department where it is proactively managing state facilities to balance the capacity of the system and the prevailing demands, and responding to out of the ordinary conditions (e.g., incidents, adverse weather, work zones, special events, emergency evacuations).
6. (6) PROFESSIONAL SERVICES:  the services of physicians, architects, engineers, landscape architects, land surveyors, geoscientists, attorneys, teachers, artists, appraisers, and other individuals, or business entities offering the services of those individuals, who possess a high degree of scientific or specialized skill and knowledge where the experience and professional qualifications of the service provider are particularly relevant to the provision of the required service.
7. (7) ROAD BUILDING MATERIALS:  dirt, gravel, stone, slag, borrow or other materials, in natural state or processed by crushing, grading, screening, or other means of processing, that are used for purposes of construction, maintenance, or operation of highway infrastructure or right-of-way of the Department.
8. (8) SERVICES:  as defined by Code of Ala. 1975, §41-4-114(a)(25), or as otherwise amended.
9. (9) SUPPLIES:  as defined by Code of Ala. 1975, §41-4-114(a)(28), or as otherwise amended.

Author: William F. Patty, Chief Counsel

Statutory Authority: Code of Ala. 1975, §§23-1-40, 23-1-48, 23-1-50, 23-1-50.1, 23-1-51, 23-1-53, 23-1-59, 23-1-62, 41-4-124, 41-4-126.

History: New Rule: Published November 30, 2022, effective January 14, 2023.