Q Bids were taken for road equipment pursuant to Section 31-7-13 for equipment, which was expected to be delivered to the county prior to July 1. The vendor has recently advised the board that the equipment is on back order and delivery will be attempted between July 1 and November 5. May the county take delivery between July 1 and November 6 without violating Section 19-11-27?

A Section 19-11-27 prohibits the purchase of road equipment during the last six (6) months of the term of the board, and a county is deemed to have “bought” machinery or equipment upon delivery and acceptance of the same with a resulting obligation to pay. This does not apply to a contract executed pursuant to the bidding requirements of Section 31-7-13, approved by a unanimous vote, and including certain statements listed in the statute. If the contract was accepted by a unanimous vote, the the board may now consider whether to issue its proclamation and complete the purchase. (Attorney General’s Opinion to Holleman, June 28, 2019)