Section 23-1-2 Bid Guaranty.

Any other provisions of the law to the contrary notwithstanding, bidders for contract projects which contracts are with the State of Alabama, in behalf of the Department of Transportation, to be paid, in whole or in part, from funds allocated to the Department of Transportation from any source whatsoever, or where contracts are with any of the several counties of the state for a highway, road, street, or bridge project, to be paid for, in whole or in part, from funds allocated to the county from any source whatsoever, shall be required to file with the bid, as a bid guaranty, a certified check or bid bond payable to the awarding authority as follows: (1) A certified check payable to the awarding authority for an amount not less than five percent of the contractor’s bid, but in no event more than fifty thousand dollars ($50,000); or (2) A bid bond payable to the awarding authority in an amount not less than five percent of the bid, but in no event more than fifty thousand dollars ($50,000).