GA Code § 50-5-58 (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|§ 50-5-58. Cases Where Purchases Through Department Not Mandatory

  Unless otherwise ordered by the Department of Administrative Services, the purchase of supplies, materials, equipment, and services, other than professional and personal employment services, through the Department of Administrative Services shall not be mandatory in the following cases:   Technical instruments and supplies and technical books and other printed matter on technical subjects; also manuscripts, maps, books, pamphlets, and periodicals for the use of any library in the state supported by state funds; also services;   Livestock for slaughter and perishable articles such as fresh vegetables, fresh meat, fish and oysters, butter, eggs, poultry, and milk. No other article shall be considered perishable within the meaning of this paragraph unless so classified by the Department of Administrative Services; and   Emergency supplies of drugs, chemicals and sundries, dental supplies, and equipment.     In the purchasing of emergency supplies under paragraph (3) of subsection (a) of this Code section, it shall be the duty of the department making such purchases to report the same to the Department of Administrative Services, giving the circumstances necessitating the purchases.   Nothing in this part shall be construed to give the Department of Administrative Services any supervision over the selection or purchase of school textbooks, which is vested by law in the Department of Education.    (Ga. L. 1937, p. 503, § 8; Ga. L. 1939, p. 160, § 4; Ga. L. 1970, p. 287, § 1; Ga. L. 1979, p. 659, § 6; Ga. L. 1996, p. 885, § 4; Ga. L. 2008, p. 267, § 7/SB 482; Ga. L. 2013, p. 141, § 50/HB 79.)    The 2013 amendment,  effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, substituted "of this paragraph" for "of this clause" in paragraph (a)(2) and substituted "to report the same" for "to report same" in subsection (b).   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."   OPINIONS OF THE ATTORNEY GENERAL   Skilled services contracts.   - Contract for necessary skilled services in repairing and maintaining school equipment and installations does not come under Ga. L. 1931, p. 7 (see O.C.G.A. Art. 3, Ch. 5, T. 50) requiring a competitive bid through the office of the supervisor of purchases (now commissioner), but may be negotiated or let by competitive bid by the State Board of Education as may be deemed necessary and advisable under the particular circumstances. 1960-61 Op. Att'y Gen. p. 179.   Educational sound film as "technical supply."   - Inasmuch as educational sound film is "one of a kind" and available from only one source, it could legally be treated as a "technical supply," especially in view of a rather strong indication in this section of a legislative intent that library materials of the same general nature not be included among those items which must be purchased through the department. 1963-65 Op. Att'y Gen. p. 612.    Term "textbook"  does not have such broad definition as would include "sound film." 1963-65 Op. Att'y Gen. p. 612.   Petroleum credit card purchases authorized.   - Commissioner may legally approve and instigate program of petroleum credit card purchases by state employees for state-owned automotive vehicles and promulgate reasonable rules and regulations for administering such a system of purchases, providing such purchases are emergency purchases. 1967 Op. Att'y Gen. No. 67-219.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, § 258. 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, § 274 et seq.   ALR.    - What is an "emergency" within charter or statutory provision excepting emergency contract or work from requirement of bidding on public contracts, 71 A.L.R. 173.   Determination of amount involved in contract within statutory provision requiring public contracts involving sums exceeding specified amounts to be let to lowest bidder, 53 A.L.R.2d 498.