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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 50. STATE GOVERNMENT |
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Chapter 5. DEPARTMENT OF ADMINISTRATIVE SERVICES |
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Article 3. STATE PURCHASING |
| Part 1. GENERAL AUTHORITY, DUTIES, AND PROCEDURE |
| § 50-5-50. Purposes and policies of part |
| § 50-5-51. Power, authority, and duty of department |
| § 50-5-51.1. Purchase of commercial fidelity bonds for officials, officers, and employees of certain county boards and departments |
| § 50-5-52. Power to examine books, records, and papers; report of purchases |
| § 50-5-53. Authorization to employ assistants, fix salaries, and make assignments |
| § 50-5-54. Rules and regulations to be made and published |
| § 50-5-55. Specified purposes for rules and regulations |
| § 50-5-56. Department to establish standard contract specifications |
| § 50-5-57. Duty of department to purchase all supplies, services, materials, and equipment; requisition by state agencies; unlawful purchases |
| § 50-5-58. Cases where purchases through department not mandatory |
| § 50-5-59. State agencies to furnish department estimates and inventories |
| § 50-5-60. Preference to supplies, equipment, materials, and agricultural products produced in Georgia generally; determination as to reasonableness of preference |
| § 50-5-60.1. Use of recycled paper products |
| § 50-5-60.2. Use of recycled content paper products |
| § 50-5-60.3. Use of retreaded tires |
| § 50-5-60.4. Use of compost and mulch in road building, land maintenance, and land development activities; preference to be given Georgia compost and mulch |
| § 50-5-60.5. Implementation of policies requiring reduction and reuse of materials generated by state agencies |
| § 50-5-61. State and local authorities to give preference to supplies, materials, and agricultural products produced in Georgia; determination as to reasonableness of preference |
| § 50-5-62. Preference to local sellers of Georgia products |
| § 50-5-63. Exclusive use of Georgia forest products in state construction contracts; exception where federal regulations conflict |
| § 50-5-64. Multiyear contracts authorized; standard form provisions; what funds obligated; interest |
| § 50-5-65. Transfer of personal property titles to effectuate lease purchases; authority; form |
| § 50-5-66. Department to compile and consolidate all estimates |
| § 50-5-68. Prequalification of prospective suppliers |
| § 50-5-70. Purchases for county boards of education |
| § 50-5-71. Emergency purchases authorized; report of circumstances |
| § 50-5-72. Construction and public works contracts conducted by department; advertising costs; exceptions |
| § 50-5-73. Goods and services to be obtained from correctional industries when certified as available |
| § 50-5-74. Goods and services to be obtained from sheltered workshops and training centers when certified available; standards for certification of availability |
| § 50-5-75. Lease or construction of warehouse space authorized |
| § 50-5-76. All tax stamps, tags, and paraphernalia evidencing the payment of tax to be purchased by department; requisition and payment |
| § 50-5-78. Financial interest of department personnel in contracts; acceptance of benefits from contractors; penalty; removal from office |
| § 50-5-79. Purchase contracts contrary to part void and officers personally liable |
| § 50-5-80. Unlawful to use resources or methods established pursuant to this article to obtain anything of value for personal benefit or gain; penalties for violators; applicability |
| § 50-5-81. Unlawful for agencies or subdivisions to purchase other than United States produced beef; exceptions; penalty |
| § 50-5-82. "State agency" defined; limitations on contracting for goods; role of Department of Revenue |
| § 50-5-83. Definitions; requirements for state purchasing card program |
| § 50-5-84. Contracting with companies having business operations in Sudan; scrutinized companies; certifications |
| Part 2. LOCAL POLITICAL SUBDIVISION PURCHASES |
| § 50-5-100. Local political subdivision purchases through state authorized |
| § 50-5-101. Notice to department; establishment of uniform standard specifications; report of annual requirements |
| § 50-5-102. Competitive bidding procedure; bidder information; establishment of regulations and standards |
| § 50-5-103. Purchase of motor vehicles, material, equipment, or supplies in name of state; procedure |
| Part 3. SMALL BUSINESS ASSISTANCE |
| § 50-5-120. (Effective until July 1, 2015) Short title |
| § 50-5-120. (Effective July 1, 2015) Short title |
| § 50-5-121. (Effective until July 1, 2015) Definitions |
| § 50-5-121. (Effective July 1, 2015) Definitions |
| § 50-5-122. Legislative intent |
| § 50-5-123. Creation of advisory council; membership; meetings; chairman; executive director |
| § 50-5-124. Reports required of advisory council |
| Part 4. MINORITY BUSINESS ENTERPRISE DEVELOPMENT |
| § 50-5-130. Purpose |
| § 50-5-131. Definitions |
| § 50-5-132. Eligibility and procedures for certification; appeal of denial |
| § 50-5-133. Fraud in certification process; penalty; effect of multiple violations |
| Part 5. STATE USE COUNCIL |
| § 50-5-135. Creation; membership; terms; appointments; compensation; existence |
| § 50-5-136. Powers and authority of council |
| § 50-5-137. Participation of certified community based rehabilitation programs |
| § 50-5-138. Procurement of contracts with central nonprofit agencies; fees; cancellation or modification; existing contracts grandfathered |
REFS & ANNOS
TITLE 50 Chapter 5 Article 3 NOTE
CROSS REFERENCES. --Criminal penalty for sale by state officer or employee of personal property to state, § 16-10-6. Criminal penalty for conspiracy in restraint of free and open competition in transactions with state, § 16-10-22. Guidelines for purchase of textbooks or contracts to purchase textbooks, § 20-2-1014. Purchase and issuance of military property generally, §§ 38-2-31, 38-2-32. Contracts by state or subdivision thereof for purchase, lease, or other acquisition of equipment and supplies from United States, and as to contracts between state and any political subdivision or municipality thereof for acquisition of property, § 50-16-81.
EDITOR'S NOTES. --By resolution (Ga. L. 1983, p. 598), the General Assembly adopted the temporary plan of operation developed by the Department of Administrative Services to serve as a permanent plan for the operation of the Federal Surplus Property Program in Georgia. (See 40 U.S.C. § 484.)
JUDICIAL DECISIONS
UNILATERAL MODIFICATION OF EXISTING CONTRACTS UNLAWFUL. --Contracting procedures for the State of Georgia are controlled by statute. There is no provision in the statute for any state employee to have the power to unilaterally modify existing contracts. Persons dealing with a public officer must take notice of the extent of the officer's powers. State v. U.S. Oil Co., 194 Ga. App. 1, 389 S.E.2d 498 (1989), cert. denied, 194 Ga. App. 912, 389 S.E.2d 498 (1990).
COMPETITIVE BIDDING. --When there is no impediment to competitive bidding, the State Purchasing Act, O.C.G.A. Art. 3, Ch. 5, T. 50, and relevant rules mandate competitive bidding. The statutes and rules clearly mandate that procurers award contracts to the lowest responsible bidder whenever possible. Pataula Elec. Membership Corp. v. Whitworth, 951 F.2d 1238 (11th Cir.), cert. denied, 506 U.S. 907, 113 S. Ct. 302, 121 L. Ed. 2d 225 (1992).
LOW BIDDER'S CONSTITUTIONALLY PROTECTED PROPERTY INTEREST. --Any discretion to choose the lowest responsible bidder for a contract to provide electric service to a new prison did not preclude the lowest responsible bidder's claim to a constitutionally protected property interest in the award of the contract. Pataula Elec. Membership Corp. v. Whitworth, 951 F.2d 1238 (11th Cir.), cert. denied, 506 U.S. 907, 113 S. Ct. 302, 121 L. Ed. 2d 225 (1992).
EDITOR'S NOTES. --By resolution (Ga. L. 1983, p. 598), the General Assembly adopted the temporary plan of operation developed by the Department of Administrative Services to serve as a permanent plan for the operation of the Federal Surplus Property Program in Georgia. (See 40 U.S.C. § 484.)
JUDICIAL DECISIONS
UNILATERAL MODIFICATION OF EXISTING CONTRACTS UNLAWFUL. --Contracting procedures for the State of Georgia are controlled by statute. There is no provision in the statute for any state employee to have the power to unilaterally modify existing contracts. Persons dealing with a public officer must take notice of the extent of the officer's powers. State v. U.S. Oil Co., 194 Ga. App. 1, 389 S.E.2d 498 (1989), cert. denied, 194 Ga. App. 912, 389 S.E.2d 498 (1990).
COMPETITIVE BIDDING. --When there is no impediment to competitive bidding, the State Purchasing Act, O.C.G.A. Art. 3, Ch. 5, T. 50, and relevant rules mandate competitive bidding. The statutes and rules clearly mandate that procurers award contracts to the lowest responsible bidder whenever possible. Pataula Elec. Membership Corp. v. Whitworth, 951 F.2d 1238 (11th Cir.), cert. denied, 506 U.S. 907, 113 S. Ct. 302, 121 L. Ed. 2d 225 (1992).
LOW BIDDER'S CONSTITUTIONALLY PROTECTED PROPERTY INTEREST. --Any discretion to choose the lowest responsible bidder for a contract to provide electric service to a new prison did not preclude the lowest responsible bidder's claim to a constitutionally protected property interest in the award of the contract. Pataula Elec. Membership Corp. v. Whitworth, 951 F.2d 1238 (11th Cir.), cert. denied, 506 U.S. 907, 113 S. Ct. 302, 121 L. Ed. 2d 225 (1992).