GA Code § 50-5-136 (2021)
2021 Georgia Code|Title 50 - State Government|Chapter 5 - Department of Administrative Services|Article 3 - State Purchasing|Part 5 - State Use Council|§ 50-5-136. Powers and Authority of Council

  The State Use Council shall have the authority authorized in this part concerning the procurement of certain services provided and goods, wares, and merchandise produced by community based rehabilitation programs and training centers and purchased by the Department of Administrative Services. All services provided or goods, wares, or merchandise produced wholly or in part by the community based rehabilitation programs and training centers operated by or under contract with the Department of Human Services and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from community based rehabilitation programs and training centers where availability of such services, goods, wares, or merchandise has been certified in writing by the council.   The State Use Council shall have the following powers and authority:   To designate a central nonprofit agency to represent community based rehabilitation programs and training centers in the state and to facilitate the distribution of orders of the State of Georgia for goods, wares, merchandise, and services on the procurement list among certified community based rehabilitation programs and training centers.As used in this part, the term "central nonprofit agency" means an agency organized under the laws of Georgia and operated in the interest of persons with disabilities in Georgia, the net income of which does not inure in whole or in part to the benefit of any shareholder or individual.The central nonprofit agency shall be selected using criteria established by the council and shall be selected for a period not to exceed two years, provided that an agency may succeed itself as the central nonprofit agency.The central nonprofit agency will be responsible for selecting the community based rehabilitation program and training center to perform a specific contract for work ordered by the state. Consideration will be given to the strengths of the particular organization, prior work history, and the ability to produce within time and budgetary parameters.Only programs and centers which have been certified by the council will be eligible for state use contracts.Once the community based rehabilitation program and training center has been selected and a subcontract has been established between that community based rehabilitation program and training center and the central nonprofit agency, the central nonprofit agency shall provide management and quality control assistance in the administration of the project. This may be in the form of quality assurance procedures, time and date deadlines, technical assistance in assembly, or a variety of other activities concerning the project at hand.Other than on a specific contract basis, the central nonprofit agency will offer training programs, certification workshops, quality control workshops, and other technical, management, marketing, and general assistance programs to participating programs and centers in the state. These programs may not be mandatory in all cases; however, they will be offered to help the various programs and centers become more productive and efficient in their handling of state use contracts and other work as well. The central nonprofit agency shall maintain the necessary records and data concerning contracts with certified community based rehabilitation programs and training centers and shall maintain communication with community based rehabilitation programs and training centers during the conduct of a contract which has been let with the program and center for various program services as necessary and appropriate;   To develop, in conjunction with the Department of Administrative Services, a list of goods, wares, merchandise, and services which shall be set aside for purchase from community based rehabilitation programs and training centers. This list shall be reviewed annually and goods, wares, merchandise, and services may be added or deleted as necessary and appropriate;   To establish fair market prices for commodities or services on the selected procurement list and to consider recommendations from the procuring agencies, the central nonprofit agency, and other relevant sources.The central nonprofit agency shall analyze the data and submit a recommended fair market price to the council along with detailed justification necessary to support the recommended prices.Pricing guidelines shall be established by the council in association with standard methodology for determining fair market value.However, the fair market prices shall not exceed the prices normally paid by state agencies for such commodities or services;   To oversee and assist in the development of guidelines for the certification of community based rehabilitation programs and training centers in the State of Georgia. The intent of these guidelines shall be to evaluate the qualifications and capabilities of community based rehabilitation programs and training centers interested in certification; to determine criteria for quality, efficiency, timeliness, and cost effectiveness in the production of goods, wares, merchandise, and services to be procured under the state use plan and purchased by the State of Georgia; and to establish a certification process which shall enable community based rehabilitation programs and training centers qualified under this process to compete in procurement activities provided for by this part. All community based rehabilitation programs and training centers which are certified by the commissioner of human resources (now known as the commissioner of human services for these purposes) as of February 8, 1994, shall not have to undergo the certification evaluation and approval process until 24 months from February 8, 1994;   With respect to the certification process and the designated community based rehabilitation programs and training centers which may enter into contracts under this part, to establish criteria for determining what constitutes a substantial disability to employment that prevents the individual under the disability from currently engaging in normal competitive employment. In establishing the criteria, the council shall consult with appropriate entities of government and take into account the views of nongovernmental entities representing the severely disabled.The council shall give weight to the criteria established by the federal committee for purchase of products and services of the blind and other severely disabled persons, pursuant to the federal Wagner-O'Day Act (41 U.S.C. Sections 46-48b), as amended; and   To make an annual report to the Governor and the General Assembly concerning its activities under this part and the activities and contracts provided by the central nonprofit agency. The State Use Council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient.       (Code 1981, §50-5-136, enacted by Ga. L. 1993, p. 1736, § 2; Ga. L. 1995, p. 1302, §§ 13, 14; Ga. L. 2005, p. 1036, § 43/SB 49; Ga. L. 2009, p. 453, §§ 2-2, 2-27/HB 228; 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, revised punctuation in the next to last sentence of paragraph (b)(1).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1994, "as of February 8, 1994," and "February 8, 1994" were substituted for "at the time of the effective date of this part" and "said effective date", respectively, in the last sentence in paragraph (b)(4).   OPINIONS OF THE ATTORNEY GENERAL   Product or service as mandatory source.   - Goods and services placed jointly on the set aside list by the Commissioner of Administrative Services and the State Use Council and purchased by the Department of Administrative Services are mandatory sources for the state, subject to the further provisions of the State Use Law. 2007 Op. Att'y Gen. No. 2007-6.   Price determination.   - Determination of the "price normally paid by state agencies" is within the purview of the Commissioner of Administrative Services, in that the Commissioner has the general oversight of state purchasing and the Commissioner is empowered to cancel or modify a contract under State Use Law for "noncompetitive pricing reasons." 2007 Op. Att'y Gen. No. 2007-6.   Service and pricing specifications.    - Specifications and parameters for particular goods and services recommended by agencies should be considered by the State Use Council in certifying availability under O.C.G.A. § 50-5-136(a) and by the Commissioner of Administrative Services and Council in creating the set aside list under O.C.G.A. § 50-5-136(b)(2). 2007 Op. Att'y Gen. No. 2007-6.   Time limit to contracts.   - There is no statutory time limit to contracts made under the state use program; however, the Commissioner of Administrative Services and the State Use Council "annually" review the goods and services to be placed on the set aside list, and the contracts are subject to cancellation or modification at any time by the Commissioner for reasons of nonperformance or noncompetitive price. 2007 Op. Att'y Gen. No. 2007-6.