reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 1 - GENERAL PROVISIONS (§§ 50-5-1 — 50-5-17) › Section 50-5-17 - Revenue from sale of surplus state equipment

The Department of Administrative Services is authorized to retain in a reserve fund moneys generated from the sale of any surplus personal property pursuant to Article 4 of this chapter. Such funds may be used to cover any cost associated with disposing of the state's surplus personal property or such funds may, subject to the approval of the Office of Planning and Budget, be used to purchase personal property for the Department of Administrative Services or for any offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state government.
Amended by 2005 Ga. Laws 22,§ 25, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 2 - [REPEALED] ADMINISTRATIVE SPACE MANAGEMENT (§ 50-5-30) › Section 50-5-30 - through 50-5-39 - [Reserved]

Repealed by 2005 Ga. Laws 21,§ 1, eff. 4/12/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-50 - Purposes and policies of part

The underlying purposes and policies of this part are:
(1)
To permit the continued development of centralized procurement policies and practices;
(2)
To control and reduce the cost of purchasing, leasing, renting, or otherwise procuring supplies, materials, services, and equipment through the use of centralized purchasing;
(3)
To ensure openness and accessibility by all qualified vendors to the state's purchasing processes so as to achieve the lowest possible costs to the state through effective competition among such vendors;
(4)
To provide for timely, effective, and efficient service to using agencies and to vendors doing business with the state;
(5)
To ensure the fair and equitable treatment of all persons who deal with the procurement system of the state;
(6)
To provide for increased public confidence in the procedures followed in public procurement; and
(7)
To provide safeguards for the maintenance of a procurement system of quality and integrity.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-51.1 - Commercial fidelity bonds for officials, officers, and employees of certain county boards and departments

The commissioner of administrative services may, upon request, assist and coordinate with county departments of health, county departments of family and children services, and community service boards the purchase of commercial fidelity bonds for officials, officers, and employees of such boards and departments. The payment of the premium to the commercial fidelity carrier will be the responsibility of such county departments of health, county departments of family and children services, and community service boards.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-52 - Power to examine books, records, and papers

The Department of Administrative Services or the state accounting officer shall have power to examine books, records, and papers of any office, agency, department, board, bureau, commission, institution, or other entity of the state government relative to purchases and to require those in control thereof to furnish the department with copies of any and all records pertaining thereto.
Amended by 2005 Ga. Laws 22,§ 11, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-53 - Purchasing personnel

Subject to applicable rules of the State Personnel Board, the Department of Administrative Services may appoint as many assistants and employees, and fix their salaries, as are essential to the state's interest in the execution of the terms and provisions of this part. Assignment of an assistant or assistants to any of the departments, institutions, or agencies of the state may be made by the Department of Administrative Services. It shall be unlawful for any other agency of the state to employ any person for the purposes set out in this part unless that person complies with the minimum requirements for purchasing personnel established by the Department of Administrative Services.
Amended by 2012 Ga. Laws 630,§ 2-99, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
Amended by 2005 Ga. Laws 22,§ 12, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-54 - Rules and regulations

The commissioner of administrative services is authorized and empowered by this part to make all rules, regulations, and stipulations and to provide specifications to carry out the terms and provisions of this part as may be necessary for the purposes of this part. The rules and regulations as prescribed by the commissioner shall be published in pamphlet form and all the departments of the state government shall be furnished with copies of the same.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-55 - Specified purposes for rules and regulations

The commissioner of administrative services may adopt, modify, or abrogate rules and regulations covering the following purposes, in addition to those authorized elsewhere in this part:
(1)
Requiring monthly reports by state departments, institutions, or agencies of stocks, supplies, materials, and equipment on hand and prescribing the form of such reports;
(2)
Prescribing the manner in which supplies, materials, and equipment shall be delivered, stored, and distributed;
(3)
Prescribing the manner of inspecting deliveries of supplies, material, and equipment and making chemical or physical tests of samples submitted with bids and samples of deliveries to determine whether deliveries have been made to the departments, institutions, or agencies in compliance with specifications;
(4)
Prescribing the manner in which purchases shall be made by the Department of Administrative Services in all emergencies as defined in Code Section
50-5-71
; and
(5)
Providing for such other matters as may be necessary to give effect to the foregoing rules and the provisions of this part.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-56 - Department to establish standard contract specifications

It shall be the duty of the Department of Administrative Services to formulate, adopt, establish, and modify standard specifications applying to state contracts. In the formulation, adoption, and modification of any standard specifications, the Department of Administrative Services shall seek the advice, assistance, and cooperation of any state department, institution, or agency to ascertain its precise requirements in any given commodity. Each specification adopted for any commodity shall insofar as possible satisfy the requirements of a majority of the state departments, institutions, or agencies which use the same in common. After its adoption each standard specification shall until revised or rescinded apply alike in terms and effect to every state purchase of the commodity described in such specifications. In the preparation of any standard specifications, the Department of Administrative Services shall have power to make use of any state laboratory for chemical and physical tests in the determination of quality.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-57 - Duty of department to purchase all supplies, services, materials, and equipment; requisition by state agencies; unlawful purchases

The Department of Administrative Services shall have the power and authority and it shall be the department's duty, subject to this part, to contract for the purchase, lease, or other mode of acquisition of all supplies, materials, services other than professional and personal employment services, and equipment required by the state. After sources of supply have been established by contract under competitive bidding and certified by the Department of Administrative Services to the different departments, institutions, and agencies of the state as provided for in this part, the institutions, agencies, or departments of the state shall make requisition on blanks to be approved by the Department of Administrative Services for such supplies, materials, and equipment required by them from the supply so certified and, except as otherwise provided for or unless the departments, institutions, and agencies of the state obtain written authority from the Department of Administrative Services to do so, it shall be unlawful for any of them to purchase any supplies, materials, or equipment from sources other than as certified to them by the Department of Administrative Services. One copy of the requisition shall be sent to the Department of Administrative Services when the same is issued.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-58 - Certain purchases through department not mandatory

(a)
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:
(1)
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;
(2)
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
(3)
Emergency supplies of drugs, chemicals and sundries, dental supplies, and equipment.
(b)
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.
(c)
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.
Amended by 2013 Ga. Laws 33,§ 50, eff. 2/24/2013.
Amended by 2008 Ga. Laws 456,§ 7, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-59 - State agencies to furnish department estimates and inventories

It shall be the duty of all departments, institutions, or agencies of the state government to furnish to the Department of Administrative Services when requested and on blanks to be approved by it tabulated estimates of all supplies, materials, and equipment needed and required by the department, institution, or agency for such periods in advance as may be directed by the Department of Administrative Services; and it shall further be the duty of all departments, institutions, or agencies to furnish the Department of Administrative Services inventories from time to time of supplies, materials, or equipment on hand when requested by the Department of Administrative Services.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-60 - Preference of products produced in Georgia; vendor preference

(a)
The state and any department, agency, or commission thereof, when contracting for or purchasing supplies, materials, equipment, or agricultural products, excluding beverages for immediate consumption, shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality.
(b)
Vendors resident in the State of Georgia are to be granted the same preference over vendors resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state, or by any local government of such state, to vendors resident therein over vendors resident in the State of Georgia.
(c)
In determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the state or its department, agency, or commission shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. The state or its department, agency, or commission shall not divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this subsection.
(d)
Nothing in this Code section shall negate the requirements of Code Section
50-5-73
.
Amended by 2012 Ga. Laws 743,§ 1, eff. 7/1/2012.
Amended by 2009 Ga. Laws 58,§ 3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-60.3 - Use of retreaded tires

All state agencies, departments, and authorities shall replace original truck tires of over 16 inch rim size used on nonsteering axles with retreaded tires or subscribe to a retread service as replacement is necessary and as stockpiled tires are depleted; provided, however, that nothing in this Code section shall be construed so as to discourage the use of retreaded tires on other size rims or other types of vehicles if an agency, department, or authority deems such use to be economical, feasible, and desirable.
Amended by 2010 Ga. Laws 368,§ 1-2, eff. 7/1/2010.
See 2010 Ga. Laws 368, § 3-1.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-60.4 - Use of compost and mulch in road building, land maintenance, and land development activities; preference of Georgia compost and mulch

(a)
All state agencies, departments, and authorities responsible for the maintenance of public lands shall give preference to the use of compost and mulch in all road building, land maintenance, and land development activities. Preference shall be given to compost and mulch made in the State of Georgia from organics which are source separated from the state's nonhazardous solid waste stream.
(b)
The Department of Agriculture shall develop and publish in print or electronically standards for the compost and mulch required by subsection (a) of this Code section by January 1, 1994.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-60.5 - Policies requiring reduction and reuse of materials generated by state agencies

In addition to recycling, each state agency, department, and authority shall take action to implement policies which require reduction and reuse of materials generated by state agencies. These policies shall include, but not be limited to, double-sided printing and copying, refilling and reusing laser printer cartridges, the purchase of source reduced products, and where feasible discontinuing the use of 8 1/2" x 14" paper. Replacement copier machines should include double-sided copying capability and shall be compatible with the use of paper containing recycled content.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-61 - Authorities to give preference to products produced in Georgia

(a)
State and local authorities created by law, in the purchase of and contracting for any supplies, materials, equipment, and agricultural products, excluding beverages for immediate consumption, shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality.
(b)
In determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the state or local authority shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. No state or local authority shall divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this subsection.
(c)
Nothing in this Code section shall negate the requirements of Code Section
50-5-73
.
Amended by 2009 Ga. Laws 58,§ 4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-62 - [Repealed] Preference to local sellers of Georgia products

Repealed and reserved by 2009 Ga. Laws 58,§ 5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-63 - Green building standards; exclusive use of Georgia forest products in state construction contracts; exceptions

(a)
As used in this Code section, the term:
(1)
"Green building standards" means any system or tool created to rate the environmental efficiency and sustainability of the design, construction, operation, and maintenance of a building.
(2)
"State building" means any facility owned, constructed, or acquired by the State of Georgia or any department, board, commission, or agency thereof, including state supported institutions of higher learning.
(b)
No contract for the construction of, addition to, or repair or renovation of any facility, the cost of which is borne by this state or any department, agency, commission, authority, or political subdivision thereof, shall be let unless the contract contains a stipulation therein providing that the contractor or any subcontractor shall use exclusively Georgia forest products in the construction thereof, when forest products are to be used in such construction, addition, repair, or renovation, and if Georgia forest products are available.
(c)
Whenever green building standards are applied to the new construction, operation, repair, or renovation of any state building, the entity applying the standards shall use only those green building standards that give certification credits equally to Georgia forest products grown, manufactured, and certified under the Sustainable Forestry Initiative, the American Tree Farm System, the Forest Stewardship Council, or other similar certifying organization approved by such entity.
(d)
This Code section shall not apply when in conflict with federal rules and regulations concerning construction.
Amended by 2015 Ga. Laws 47,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-64 - Multiyear contracts authorized; standard form provisions; what funds obligated; interest

(a)
The Department of Administrative Services shall be authorized to execute on behalf of all state agencies subject to this part multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, services, and supplies, provided that any such contract shall be executed only on a standard form developed by the department for such use; and provided, further, that the standard form contract shall contain provisions for the following:
(1)
The contract shall terminate absolutely and without further obligation on the part of the user agency or the department at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed as provided in this Code section;
(2)
The contract may be renewed only by a positive action taken by the user agency or by the department on behalf of the user agency, and the nature of such action shall be determined by the department and specified in its standard contract;
(3)
The contract shall terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the user agency under the contract. The determination of the occurrence of such unavailability of funds shall be made by the user agency in its sole discretion and shall be conclusive;
(4)
The contract shall state the total obligation of the user agency for the fiscal year of execution and shall further state the total obligation which will be incurred in each fiscal year renewal term, if renewed; and
(5)
The contract shall provide that title to any supplies, materials, or equipment shall remain in the vendor until fully paid for by the user agency.
(b)
Any standard contract developed hereunder containing the provisions enumerated in subsection (a) of this Code section shall be deemed to obligate the user agency only for those sums payable during the fiscal year of execution or, in the event of a renewal by the user agency, for those sums payable in the individual fiscal year renewal term.
(c)
No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the state for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal.
(d)
Any such contract may provide for the payment by the user agency of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-64.1 - Prohibited terms in state contracts

(a)
A contract entered into pursuant to this part shall not contain a term that:
(1)
Requires the state or any agency, authority, board, bureau, commission, department, institution, or any other entity thereof to:
(A)
Defend, indemnify, or hold harmless another person; or
(B)
Be bound by terms and conditions that are unknown at the time of signing such contract or which may be unilaterally changed by the other party;
(2)
Provides for:
(A)
A person other than the Attorney General to serve as legal counsel for the state or for any agency, authority, board, bureau, commission, department, institution, or any other entity thereof;
(B)
A venue for any action or dispute other than the Superior Court of Fulton County, Georgia, as provided in Code Section
50-21-1
;
(C)
The contract to be construed in accordance with the laws of a state other than the State of Georgia;
(D)
Binding arbitration; or
(E)
An automatic renewal such that state funds are or would be obligated in subsequent fiscal years; or
(3)
Is inconsistent with the provisions of Article 4 of Chapter 18 of this title, relating to open records.
(b)
If a contract entered into pursuant to this part contains a term prohibited under subsection (a) of this Code section, such term shall be void, and the contract shall be otherwise enforceable as if it did not contain such term.
(c)
The Department of Administrative Services shall maintain a copy of this Code section on its website.
Added by 2020 Ga. Laws 501,§ 2, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-65 - Transfer of personal property titles to effectuate lease purchases; authority; form

(a)
The Department of Administrative Services is authorized to make transfers of title to personal property titled in the name of any department, agency, or institution of the state to private individuals, corporations, or firms for the purpose of effectuating lease purchases of such property between the owning department, agency, or institution and the private individuals, corporations, or firms. Transfers of title shall be made only in conjunction with the execution of a lease purchase agreement between an agency, department, or institution of the state and the transferee acquiring title; and the agreement shall be consummated on the standard agreement form developed pursuant to Code Section
50-5-64
.
(b)
The departments, agencies, and institutions of the state are authorized to accept the title to property, subject to a contract for lease purchase or installment purchase, upon execution of the aforementioned standard agreement by the Department of Administrative Services; and the department is authorized to transfer title back to the vendor in the name of the department, agency, or institution in the event that the agreement is not fully consummated.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-66 - Department to compile and consolidate all estimates

The Department of Administrative Services shall compile and consolidate all estimates of supplies, materials, and equipment needed and required by all state departments, institutions, and agencies to determine the total requirements of any given commodity.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-68 - Prequalification of prospective suppliers

Prospective suppliers may be prequalified for particular types of supplies, services, goods, materials, and equipment at the discretion of the Department of Administrative Services. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers. The award of contracts, however, may be conditioned upon prequalification.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-70 - Purchases for county boards of education

Boards of education of the various counties of this state may petition the Department of Administrative Services to purchase their supplies, such as school buses, bus bodies, tires, parts, and other equipment under the rules set out in this part.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-71 - Emergency purchases authorized; report of circumstances

In case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, breakdown in machinery, unanticipated volume of work, or upon the declaration of a state of emergency by the Governor, the Department of Administrative Services or any other office, agency, department, board, bureau, commission, institution, or other entity of the state to which emergency purchasing powers have been granted by the Department of Administrative Services shall have power to purchase in the open market any necessary supplies, materials, services, or equipment for immediate delivery to any office, agency, department, board, bureau, commission, institution, or other entity of the state. A report on the circumstances of the emergency and the transactions thereunder shall be duly recorded in a book or file to be kept by the Department of Administrative Services.
Amended by 2005 Ga. Laws 22,§ 14, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-73 - Goods and services to be obtained from correctional industries when certified as available

(a)
All services provided or goods, wares, or merchandise produced wholly or in part by the Georgia Correctional Industries Administration 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 the Georgia Correctional Industries Administration where such services, goods, wares, or merchandise have been certified in writing by the commissioner of corrections as available and of competitive quality and price. Where not certified as available from the Georgia Correctional Industries Administration, services, goods, wares, or merchandise shall be obtained from other agencies or activities of the state which are legally authorized to engage in the provision of such and have certified the availability with the advice and consent of the Department of Administrative Services.
(b)
The Georgia Correctional Industries Administration and the commissioner of corrections shall report to the Department of Administrative Services the certification criteria, including but not limited to cost, delivery schedules, and availability within 15 days of notice of certification.
(c)
The Georgia Correctional Industries Administration shall notify the Department of Administrative Services of any changes to certified products or services available pursuant to this Code section within 15 days of any such changes.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-75 - Lease or construction of warehouse space

The Department of Administrative Services may rent or lease any warehouse space necessary for a period not to exceed five years, provided the Department of Administrative Services may construct any warehouse on state property only.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-76 - All tax stamps, tags, and paraphernalia evidencing the payment of tax to be purchased by department; requisition and payment

(a)
All cigarette tax stamps, loose or smokeless tobacco tax stamps, fertilizer tax tags, and other stamps, tags, and paraphernalia evidencing the payment of tax collected by the state or any department thereof shall be purchased by the Department of Administrative Services subject to the requisition of any department of the state requiring the use of the tax stamps or tags.
(b)
Any department requiring tax stamps or stamps, tags, or paraphernalia from the Department of Administrative Services shall make a requisition therefor to the Department of Administrative Services upon forms prescribed by it, which requisition shall be delivered to the state auditor for compilation and check. The tax stamps, fertilizer tax tags, or other stamps, tags, or paraphernalia described in this part and purchased by the Department of Administrative Services shall be paid for by the department for whose use they are purchased.
Amended by 2003 Ga. Laws 343, § 43, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-78 - Financial interest of department personnel in contracts; acceptance of benefits from contractors; penalty; removal from office

(a)
Neither the commissioner of administrative services, nor any assistant of his, nor any employee of the department shall be financially interested or have any personal beneficial interest either directly or indirectly in the purchase of or contract for any materials, equipment, or supplies, nor in any such firm, corporation, partnership, or association furnishing any such supplies, materials, or equipment to the state government or any of its departments, institutions, or agencies. Except as provided in subsection (b) of this Code section, it shall be unlawful for the commissioner of administrative services or any of his assistants or any employee of the department to accept or receive, directly or indirectly, from any person, firm, or corporation to whom any contract may be awarded any money or anything of more than nominal value or any promise, obligation, or contract for future reward or compensation.
(b)
Nothing in this Code section shall preclude the commissioner or any of his assistants or any employee of the department from attending seminars, courses, lectures, briefings, or similar functions at any manufacturer's or vendor's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the commissioner, assistant, or employee with knowledge and information relative to the manufacturer's or vendor's products or services and is one which the commissioner determines would be of benefit to the department and to the state. In connection with any such seminar, course, lecture, briefing, or similar function, nothing in this Code section shall preclude the commissioner, assistant, or employee from receiving meals from a manufacturer or vendor. Nothing in this Code section shall preclude the commissioner, assistant, or employee from receiving educational materials and business related items of not more than nominal value from a manufacturer or vendor.
(c)
Nothing contained in this Code section shall permit the commissioner, assistant, or employee to accept free travel from the manufacturer or vendor outside the State of Georgia or free lodging in or out of the State of Georgia.
(d)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. Any person who violates subsection (a) of this Code section shall be subject to being removed from office.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-79 - Purchase contracts contrary to part void and officers personally liable

Whenever any department, institution, or agency of the state government required by this part and the rules and regulations adopted pursuant to this part applying to the purchase of supplies, materials, or equipment through the Department of Administrative Services shall contract for the purchase of such supplies, materials, or equipment contrary to this part or the rules and regulations made pursuant to this part, such contract shall be void and of no effect. If any official of such department, institution, or agency willfully purchases or causes to be purchased any supplies, materials, or equipment contrary to this part or the rules and regulations made pursuant to this part, such official shall be personally liable for the cost thereof; and, if such supplies, materials, or equipment are so unlawfully purchased and paid for out of the state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-81 - Unlawful to purchase beef not raised and produced in United States; exceptions; penalty

(a)
It shall be unlawful for the state; any branch, department, agency, board, or commission of the state; any county, municipality, board of education, or other political subdivision; or any officer, agent, or employee of any of the foregoing to purchase or authorize the purchase of any beef other than beef raised and produced within the United States when the purchase is to be made with governmental funds. This Code section shall not apply to canned meat which is not available from a source within the United States and which is not processed in the United States.
(b)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-82 - Contracting with certain vendors that fail to collect sales and use tax prohibited; exception

(a)
As used in this Code section, the term "state agency" means any authority, board, department, instrumentality, institution, agency, or other unit of state government. "State agency" shall not include any county, municipality, or local or regional governmental authority.
(b)
On or after May 13, 2004, the Department of Administrative Services and any other state agency to which this article applies shall not enter into a state-wide contract or agency contract for goods or services, or both, in an amount exceeding $100,000.00 with a nongovernmental vendor if the vendor or an affiliate of the vendor is a dealer as defined in Code Section
48-8-2
, or meets one or more of the conditions thereunder, but fails or refuses to collect sales or use taxes levied under Chapter 8 of Title 48 on its sales delivered to Georgia.
(c)
The Department of Administrative Services and any other state agency may contract for goods or services, or both, with a source prohibited under subsection (b) of this Code section in the event of an emergency or where the nongovernmental vendor is the sole source of such goods or services or both.
(d)
The determination of whether a vendor is a prohibited source shall be made by the Department of Revenue, which shall notify the Department of Administrative Services and any other state agency of its determination within three business days of a request for such determination.
(e)
Prior to awarding a contract, the Department of Administrative Services and any other state agency to which this article applies shall provide the Department of Revenue the name of the nongovernmental vendor awarded the contract, the name of the vendor's affiliate, and the certificate of registration number as provided for under Code Section
48-8-59
for the vendor and affiliate of the vendor.
Amended by 2010 Ga. Laws 507,§ 32, eff. 7/1/2011.
Added by 2004 Ga. Laws 499, § 1, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-84.1 - Contracting with companies owned by Russia or Belarus

(a)
As used in this Code section, the term:
(1)
"Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit.
(2)
"Government of Belarus" means the Republic of Belarus.
(3)
"Government of Russia" means the Russian Federation.
(4)
"Scrutinized company" means any company owned or operated by the government of Russia or the government of Belarus.
(b)
A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services.
(c)
A state agency shall require a company that submits a bid or proposal with respect to a contract for goods or services to certify that the company is not a scrutinized company.
(d)
If the Department of Administrative Services determines that a company has submitted a false certification under subsection (c) of this Code section:
(1)
The company shall be liable for a civil penalty in an amount that is equal to the greater of $250,000.00 or twice the amount of the contract for which a bid or proposal was submitted;
(2)
The state agency or the Department of Administrative Services shall terminate the contract with the company; and
(3)
The company shall be ineligible to, and shall not, bid on a state contract.
Added by 2022 Ga. Laws 821,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 5 - DEPARTMENT OF ADMINISTRATIVE SERVICES (§§ 50-5-1 — 50-5-160) › Article 3 - STATE PURCHASING (§§ 50-5-50 — 50-5-138) › Part 1 - GENERAL AUTHORITY, DUTIES, AND PROCEDURE (§§ 50-5-50 — 50-5-85) › Section 50-5-84.2 - Contracting with companies owned by China

(a)
As used in this Code section, the term:
(1)
"Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit.
(2)
"Government of China" means the People's Republic of China led by the Chinese Communist Party.
(3)
"Scrutinized company" means any company owned or operated by the government of China.
(b)
A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services.
(c)
A state agency shall require a company that submits a bid or proposal with respect to a contract for goods or services to certify that the company is not a scrutinized company.
(d)
If the Department of Administrative Services determines that a company has submitted a false certification under subsection (c) of this Code section:
(1)
The company shall be liable for a civil penalty in an amount that is equal to the greater of $250,000.00 or twice the amount of the contract for which a bid or proposal was submitted;
(2)
The state agency or the Department of Administrative Services shall terminate the contract with the company; and
(3)
The company shall be ineligible to, and shall not, bid on a state contract.
Amended by 2023 Ga. Laws 353,§ 6, eff. 7/1/2023.
Added by 2022 Ga. Laws 822,§ 1, eff. 7/1/2022.
Pursuant to Code Section 28-9-5, in 2022, Code Section 50-5-84.1, as enacted by Ga. L. 2022, p. 567, § 1/SB 346, was redesignated as Code Section 50-5-84.2.