GA Code § 50-5-51 (2021)
2021 Georgia Code|Title 50 - State Government|Chapter 5 - Department of Administrative Services|Article 3 - State Purchasing|Part 1 - General Authority, Duties, and Procedure|§ 50-5-51. Power, Authority, and Duty of Department

 The Department of Administrative Services shall have the power and authority and it shall be the department's duty, subject to this part:    To canvass all sources of supply and to contract for the lease, rental, purchase, or other acquisition of all supplies, materials, equipment, and services other than professional and personal employment services required by the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of this state under competitive bidding in the manner and subject to the conditions provided for in this article;   To establish and enforce standard specifications which shall apply to all supplies, materials, equipment, and services other than professional and personal employment services purchased or to be purchased for the use of the state government for any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state;   To contract for all electric light power, postal, and any and all other contractual purchases and needs of the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state or in lieu of such contract to authorize any offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state to purchase or contract for any or all such services;   To have general supervision of all storerooms and stores operated by the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state; to provide for transfer or exchange to or between all state offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state or to sell all supplies, materials, and equipment which are surplus, obsolete, or unused; and to maintain inventories of all fixed property and of all movable equipment, supplies, and materials belonging to the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state;   To make provision for and to contract for all state printing, including all printing, binding, paper stock, and supplies or materials in connection with the same, except as provided in this part. For the purpose of obtaining bids on printing, it shall have the power to divide the printing into various classes and to provide stipulations and specifications therefor and advertise, receive bids, and contract separately for the various classes;   To procure all fidelity bonds covering state officials and employees required by law or administrative directive to give such bonds; and, in order to provide the bonds at a minimum expense to the state, the bonds may be procured under a master policy or policies providing insurance agreements on a group or blanket coverage basis with or without deductibles or excess coverage over the state's retention as determined by the commissioner. Fidelity bonds covering state officials and employees which are procured pursuant to this paragraph shall expressly provide that all state officials and employees who are required by law to be bonded be named in the fidelity bond as insureds or beneficiaries under the terms of the fidelity bond. Inclusion of any state official, officer, or employee required by law or administrative directive to be specifically bonded in a master fidelity bond under the terms of this part shall satisfy any statutory requirement that the official, officer, or employee be bonded. Fidelity bonds procured pursuant to this paragraph shall also expressly provide for indemnification, out of the proceeds of the fidelity bonds, of all state officials and employees for any liability or expense of any nature resulting from a claim on the state official's or employee's bonds which is due to or as a result of an act of a subordinate of the state official or employee. In order to finance the continuing liability established with other agencies of state government, the commissioner is authorized to retain all moneys paid to the department as premiums on policies of insurance, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve for the payment of such liability and the expenses necessary to administer properly the insurance program. The commissioner is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the reserve fund provided for in this Code section. The commissioner shall invest the moneys in the same manner as other such moneys in his or her possession;   To establish and operate the state agency for surplus property for the purpose of distributing surplus properties made available by the federal government under Pub. L. 152, 81st Congress, as amended, to institutions, organizations, agencies, and others as may be eligible to receive such surplus properties pursuant to applicable provisions of federal law. The commissioner may enter into or authorize the aforesaid state agency for surplus property to enter into cooperative agreements with the federal government for the use of surplus properties by the state agency. The commissioner is authorized to enter into contracts with other state, local, or federal agencies, or with other persons with respect to the construction, operation, maintenance, leasing, or rental of a facility for use by the state agency. Further, the commissioner may acquire real or personal property for such purposes;   To delegate, in the department's discretion, to medical facilities under the jurisdiction of the Board of Regents for the University System of Georgia the ability to purchase medical equipment and medical supplies necessary for medical teaching purposes;   To enter into or authorize agreements with cooperative purchasing organizations or other states and their political subdivisions to effectuate the purposes and policies of this chapter;   To collect, retain, and carry over from year to year in a reserve fund any moneys, rebates, or commissions payable to the state that are generated by supply contracts established pursuant to Code Section 50-5-57; and   To conduct the procurement of all technology resource purchases not exempted from competitive bidding requirements in accordance with the technology standards and specifications established by the Georgia Technology Authority.    (Ga. L. 1931, p. 7, § 3; Code 1933, § 40-1902; Ga. L. 1937, p. 503, § 2; Ga. L. 1943, p. 406, § 1; Ga. L. 1960, p. 78, § 1; Ga. L. 1960, p. 1098, § 1; Ga. L. 1962, p. 644, § 1; Ga. L. 1974, p. 504, § 1; Ga. L. 1975, p. 672, § 1; Ga. L. 1976, p. 252, § 12; Ga. L. 1978, p. 1144, § 1; Ga. L. 1978, p. 1701, § 1; Ga. L. 1979, p. 659, § 2; Ga. L. 1994, p. 97, § 50; Ga. L. 1996, p. 885, § 3; Ga. L. 2005, p. 117, § 10/HB 312; Ga. L. 2006, p. 72, § 50/SB 465; Ga. L. 2008, p. 245, § 8/SB 425; Ga. L. 2020, p. 356, § 1/HB 953.)    The 2020 amendment,  effective January 1, 2021, substituted "cooperative purchasing" for "private nonprofit" in paragraph (9).   Cross references.   - Authority of State Board of Education regarding purchase of supplies and services by public elementary and secondary schools, § 20-2-500 et seq.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, "therefor" was substituted for "therefore" in the second sentence of paragraph (5).   Pursuant to Code Section 28-9-5, in 2005, a comma was inserted following "agencies" two times in paragraphs (3) and (4).   Editor's notes.   - Ga. L. 1996, p. 885, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Purchasing Reform Act of 1996.'"   Ga. L. 1996, p. 885, § 2, not codified by the General Assembly, provides: "The General Assembly declares and finds that many of the laws establishing guidelines and requirements for the purchasing of supplies, materials, and equipment by and for state departments and agencies were developed decades earlier and prior to the increase in available sources of supply and the expansion of technology. It is the intent of the General Assembly that these laws be amended to reflect these changes in order to provide greater flexibility for state agencies to make their purchases and to eliminate unnecessary bureaucracy which can result in purchase delays and increased administrative costs."   U.S. Code.   - Public Law 152, 81st Congress, referred to in paragraph (7) of this Code section, is codified as 40 U.S.C. § 471 et seq., 40 U.S.C. § 751 et seq., and 41 U.S.C. § 252 et seq.   OPINIONS OF THE ATTORNEY GENERAL   Authority to establish purchase specifications.    - It was evident from former Code 1933, § 40-1902 and Ga. L. 1939, p. 160, § 7 (see O.C.G.A. §§ 50-5-51 and50-5-56) that the department was authorized to establish certain specifications which should apply to purchases which were to be used by the various state departments; however, it was a practical and physical impossibility to set up specifications for every one of the thousands of different articles which were used by the state departments. 1948-49 Op. Att'y Gen. p. 570.   Authority to enforce specifications.   - Supervisor of purchases (now commissioner of administrative services) may cancel purchase orders when the material fails to meet specifications. 1945-47 Op. Att'y Gen. p. 318.   Department has the authority to enforce specifications, and this would include the authority to cancel orders when items do not meet specifications. 1948-49 Op. Att'y Gen. p. 570.   Solicitation of bids for certain purchases.   - With respect to purchases in excess of $1,000.00, bids must be solicited or advertised for in some manner reasonably calculated to reach all reasonably available sources of supply. 1974 Op. Att'y Gen. No. 74-16.   Competent vendors.   - Department is under duty to exclude no competent vendor from department's list, and also to seek out and discover, to the best of the department's ability, all sources of supply, giving all such vendors access to the established list. 1974 Op. Att'y Gen. No. 74-16.   Purchase of antique items.   - If the supervisor of purchases (now commissioner) receives a requisition for a particular antique item and, after canvassing all available sources of supply can find only one dealer who can supply the requisitioned antique item, and is convinced that no other suitable substitute item can be used, the supervisor can receive the bid from the single dealer who can supply the antique item in question. 1968 Op. Att'y Gen. No. 68-143.    Georgia Residential Finance Authority  may seek, but is not required to seek, assistance and approval of Department of Administrative Services, Division of Property and Space Management, regarding rental agreements for the authority's office space. 1982 Op. Att'y Gen. No. 82-24.   Absent clear authorization, the Department of Administrative Services to deal with the Georgia Residential Finance Authority as a "state agency" the latter does not come within that definition. 1982 Op. Att'y Gen. No. 82-24.   Area planning and development commissions.   - Area planning and development commissions (now regional development centers) are authorized to use department to obtain best prices and terms available in marketplace; an alternative is for local political subdivisions to purchase the necessary equipment, material, or supplies through the department and then appropriate or loan the material, equipment, or supplies to the area planning and development commission in their area. 1970 Op. Att'y Gen. No. 70-202.   Commissioner vested with broad discretion.    - O.C.G.A. § 50-5-51 establishes no guideposts or requirements governing the manner of consummating the sales authorized and, consequently, the supervisor of purchases (now commissioner) is vested with broad discretion in this matter. 1960-61 Op. Att'y Gen. p. 380.   Correction of clerical pricing error.   - Commissioner may alter purchase order to correct clerical error regarding price. 1962 Op. Att'y Gen. p. 446.   Authority to operate self-service store.   - Under the general powers and authority granted to the department, the commissioner may enter into an agreement with the General Services Administration to operate a self-service store which is located conveniently for state agencies and whose expenses are jointly shared. 1971 Op. Att'y Gen. No. 71-181.   Commissioner disposes of property.   - Any forest commission property in the nature of supplies, materials, and equipment, in other words, those things that would not be fixtures and thereby part of the realty, is to be disposed of by the supervisor of purchasing (now commissioner). 1960-61 Op. Att'y Gen. p. 381.   Excess capacity or idle computer time.    - Excess capacity or idle computer time available on a second-shift basis was not "unserviceable property" within the contemplation of former Code 1933, § 91-804 (see former O.C.G.A. § 50-16-144), nor was it "surplus, obsolete or unused" equipment which may be disposed of under former Code 1933, § 40-1902 (see O.C.G.A. § 50-5-51). 1963-65 Op. Att'y Gen. p. 419.    Transfer of equipment to county as gift  under this section is not permitted. 1967 Op. Att'y Gen. No. 67-57.   State unobligated to pay franchise fee or tax.   - While the state might not be required to pay a franchise fee or other tax directly to a city, in those situations when the state is paying money to a company, and that company is in turn remitting the money to the city as a franchise fee, it cannot be said that the state is the entity which is subject to the legal incidence of the tax so that it could successfully assert an exemption from such fees. 1976 Op. Att'y Gen. No. 76-42.   Payment for utilities at established rate.   - Obligation of department to pay for utilities at established rate is not affected by the fact that the sums paid may include or reflect taxes paid by the provider of the services to a municipality. 1976 Op. Att'y Gen. No. 76-42.    Relocation of power lines is not contractual service  as contemplated by paragraph (3) of this section; this would be a contract for service or construction which should properly be handled by the interested department. 1962 Op. Att'y Gen. p. 469.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, §§ 62 et seq., 249, 252, 273. 64 Am. Jur. 2d, Public Works and Contracts, §§ 8, 13. 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 73, 74, 78.   C.J.S.   - 81A C.J.S., States, § 268 et seq.   ALR.    - Act or default of employee covered by fidelity bond or insurance, 43 A.L.R. 977; 46 A.L.R. 976; 62 A.L.R. 412; 77 A.L.R. 861; 98 A.L.R. 1264.    Who is an employee within fidelity bond or insurance, 140 A.L.R. 699.    Right of one covered by a fidelity bond to intervene in action by obligee against obligor, 157 A.L.R. 159.