reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.09 - Evaluation

Current through Rules and Regulations filed through June 27, 2024
(1) In determining
				the award of contracts, the agency or GTA shall consider and evaluate bona fide
				offers as provided by statute and applicable rules. The agency or GTA shall
				identify in the solicitation document the evaluation criteria to be used in
				determining the award of contract.
(2) Unsigned offers shall be rejected by the
				awarding agency.
(3) During the
				period of evaluation and prior to award, only the information provided in the
				tabulation is public record. Only persons in the agency who are responsible for
				handling the offers and accompanying information, and others determined
				necessary by the agency that issued the solicitation document, shall possess
				offers, including any accompanying information submitted with the offers for
				the purpose of evaluation and award of contract. Any communication with an
				offeror that may be necessary for purpose of clarification of its offer shall
				be conducted by the agency that issued the solicitation document. Further
				offeror participation in the evaluation process shall not be permitted except
				as deemed necessary by the CIO or his designee to effectively conclude the
				award process or as otherwise permitted under these rules. After award of the
				contract or when the need for the item or service is canceled, the complete
				file shall be available to any interested party with the exception of
				information excluded from disclosure under the Georgia Open Records
				Act.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.10 - Notification of Award

Current through Rules and Regulations filed through June 27, 2024
If a solicitation is required to be advertised, then notice
				 of the resulting contract award shall be posted via the Georgia Procurement
				 Registry website or otherwise made publicly available by the agency issuing the
				 solicitation document. After contract award, successful companies shall be
				 notified in writing or electronically by the agency issuing the solicitation
				 document.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.11 - Lack of Competition

Current through Rules and Regulations filed through June 27, 2024
The agency and GTA shall make every effort to maximize
				 competition. Where only a single offer or a single acceptable offer is
				 received, the agency shall ascertain the reason and make it a matter of
				 record.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.12 - Solicitation Documents

Current through Rules and Regulations filed through June 27, 2024
An agency or GTA shall use a solicitation document when
				 soliciting offers on contracts valued over two thousand five hundred dollars
				 ($2,500) unless the CIO or his designee waives the requirement pursuant to
				 rule. In their solicitation documents, the agencies and GTA shall require
				 offerors to certify that each offer is submitted without collusion and the
				 proposed price is independently determined.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.13 - Division of Requirements

Current through Rules and Regulations filed through June 27, 2024
An agency or GTA shall not divide requirements to keep the
				 expenditure under GTA's general delegation and thereby avoid following the
				 appropriate contracting requirement. In the case of similar and related items
				 and services and groups of items, the dollar limits apply to the total cost
				 rather than the cost of any single item.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4,   50-25-7.2.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.14 - Advertisement Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) All advertisements required by rule shall
				be through the Georgia Procurement Registry website. Solicitations required by
				rule shall be advertised continuously and at least 15 days prior to the date
				designated for opening unless the CIO or his designee waives advertising
				requirements. Conditions permitting waiver of advertising requirements shall
				include, but not be limited to the following:
(a) Acquisition of goods or services subject
				to rapid price fluctuations or immediate acceptance;
(b) Emergency situations (pressing
				need);
(c) Acquisition of goods or
				services needed for any ongoing job, task, or project;
(d) Acquisition of goods or services where
				performance or price competition is not available; and
(e) Any determination that no useful purpose
				would be served by requiring advertisement.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-4 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Rule 665-2-4-.15 - Mandatory Conferences/Site Visits

Current through Rules and Regulations filed through June 27, 2024
(1) When a solicitation requires potential
				offerors to attend a mandatory conference or mandatory site visit, the date,
				time, location, and other pertinent details of the conference or site visit
				shall be given in the solitation document and in the advertisement.
(2) If only one potential offeror attends the
				mandatory conference or mandatory site visit, the conference or site visit may
				be conducted, but the agency shall investigate why only one potential offeror
				was in attendance and ascertain if there is any competition available. If it is
				determined that competition is available, time permitting, the agency may
				schedule another conference or site visit, if deemed to be to the advantage of
				the state. If it is determined that there is no competition available, then the
				procurement may be handled as a waiver as permitted by rule.
(3) Any and all questions by a potential
				offeror regarding a solicitation document shall be addressed to the purchaser
				named on the document. Any and all revisions to the solicitation document shall
				be made only by written addendum from the purchaser. Verbal communications from
				whatever source are of no effect.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-5 - REJECTION OF OFFERS › Rule 665-2-5-.01 - Basis for Rejection

Current through Rules and Regulations filed through June 27, 2024
In soliciting offers, the agency or GTA may reject any offer
				 in whole or in part. Basis for rejection shall include, but not be limited to,
				 the agency or GTA deeming the offer unsatisfactory as to quantity, quality,
				 delivery, price or service offered; the offer not complying with conditions of
				 the solicitation document or with the intent of the proposed contract; lack of
				 competitiveness by reason of collusion or otherwise or knowledge that
				 reasonably available competition was not received; error(s) in specifications
				 or indication that revision(s) would be to the state's advantage; cancellation
				 of or changes in the intended project or other determination that the proposed
				 requirement is no longer needed; limitation or lack of available funds;
				 circumstances that prevent determination of the lowest best value offer; or any
				 determination that rejection would be to the best interest of the
				 state.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-5 - REJECTION OF OFFERS › Rule 665-2-5-.02 - Negotiation

Current through Rules and Regulations filed through June 27, 2024
If an agency or GTA does not receive an offer that is deemed
				 to be advantageous to the state in response to a solicitation or all offers are
				 rejected and if it is determined that soliciting offers again would not be in
				 the best interest of the State, as determined by the CIO, negotiations may be
				 conducted with sources of supply that may be capable of satisfying the
				 requirement. The negotiations shall be conducted by GTA or that agency if under
				 their delegation. The results of the negotiations shall be reduced to writing
				 and any resulting contract or notice of award document shall include standard
				 language and terms and conditions issued by GTA. If the negotiations are
				 conducted with only one source or if only one source responds to the
				 negotiations, the reason for lack of competition shall be documented in writing
				 for public record. The CIO or his designee may also conduct negotiations under
				 conditions that merit a waiver of competition or in other situations that are
				 advantageous to the state as determined.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-6 - INSPECTION AND TESTING › Rule 665-2-6-.01 - Responsibility

Current through Rules and Regulations filed through June 27, 2024
The receiving agency shall inspect all materials, supplies,
				 equipment and services upon delivery to ensure compliance with the contract
				 requirements and specifications.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-6 - INSPECTION AND TESTING › Rule 665-2-6-.02 - Selection

Current through Rules and Regulations filed through June 27, 2024
GTA may periodically inspect any items or work products to
				 ensure that specifications are met. The agency must ensure that goods or
				 services purchased comply with applicable codes, statutes, local ordinances,
				 policies or safety requirements.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-6 - INSPECTION AND TESTING › Rule 665-2-6-.03 - Samples

Current through Rules and Regulations filed through June 27, 2024
When samples are required in response to a solicitation
				 document, agency or GTA may test those samples or have them tested at other
				 designated facilities. Samples shall not be sent directly to laboratories
				 outside the agency or GTA unless it is determined by GTA that these facilities
				 have the capability, time, or expertise needed. Furnished samples shall be
				 returned if reasonable and specifically requested.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-6 - INSPECTION AND TESTING › Rule 665-2-6-.04 - Specifications

Current through Rules and Regulations filed through June 27, 2024
When the agency that awarded the contract or GTA determines
				 it to be advantageous to the state, it may authorize revisions to a contract
				 specification, including any cost adjustment associated with any such revision,
				 as part of contract administration. If an increase in cost results in the total
				 contract value being more than the agency's delegation, then the agency shall
				 obtain prior written approval from GTA, regardless of what agency initially
				 awarded the contract.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-6 - INSPECTION AND TESTING › Rule 665-2-6-.05 - Report of Discrepancy

Current through Rules and Regulations filed through June 27, 2024
Where goods or services delivered fail to meet the
				 specifications or contract requirements, the discrepancy shall be resolved by
				 the agency that issued the solicitation document.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-7 - GUARANTEES AND WARRANTIES › Rule 665-2-7-.01 - Enforcement

Current through Rules and Regulations filed through June 27, 2024
Using agencies shall enforce the contractual guarantee or
				 warranty applying to the goods or services purchased.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-7 - GUARANTEES AND WARRANTIES › Rule 665-2-7-.02 - Report to GTA Procurement

Current through Rules and Regulations filed through June 27, 2024
If any agency has difficulty in obtaining satisfactory
				 performance including service as provided for in a guarantee or warranty, under
				 a contract handled, approved or otherwise authorized by GTA; the agency shall
				 refer the matter to GTA.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-7 - GUARANTEES AND WARRANTIES › Rule 665-2-7-.03 - Responsibility of Using Agency

Current through Rules and Regulations filed through June 27, 2024
The using agency must notify the vendor promptly when latent
				 or other defects are discovered. In the event the vendor fails to remedy the
				 condition reported and the contract was handled, approved or otherwise
				 authorized by GTA, the matter shall be referred to GTA.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-8 - CONTRACTS › Rule 665-2-8-.01 - Use and Description

Current through Rules and Regulations filed through June 27, 2024
State IT contracts are binding agreements between the state
				 and successful offerors to provide information technology goods or services in
				 accordance with stipulated terms and conditions.
(a) Term Contracts.
1. A term contract is a binding agreement
				between purchaser and seller to buy and sell certain goods or services for a
				period of time at prices established by the contract. Statewide term contracts
				consolidate normal, anticipated requirements of all agencies into one agreement
				and shall be handled by GTA. No agency may purchase goods or services covered
				by a statewide term contract from any other source unless authorized by the CIO
				or his designee.
2. A term contract
				shall be based upon competition, where available, with potential vendors being
				advised as to the actual business they are competing for and, if successful,
				the business they have earned.
3.
				Agencies may handle agency specific term contracts for use by their agency if
				the estimated expenditure over the term of the contract is under their
				delegation and the good or service is not covered by a statewide term contract.
				If an agency documents to GTA a need to establish an agency specific term
				contract for which the expenditure over the term of the contract exceeds the
				agency's delegation and is not covered by a statewide term contract, GTA may
				issue a solicitation document for the purpose of awarding an agency specific
				term contract for use by the requesting agency in accordance with the
				determining factors set forth in Rule
				  665-2-8-.02  of this
				Section.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-8 - CONTRACTS › Rule 665-2-8-.02 - Determining Factors

Current through Rules and Regulations filed through June 27, 2024
In determining whether a good or service will be on a
				 statewide term contract, GTA shall consider such factors as volume, nature of
				 the good or service, repetitiveness of use, relative stability of prices, and
				 transportation costs. In determining whether a good or service will be on an
				 agency specific term contract, the agency shall consider such factors as
				 volume, nature of the product or service, repetitiveness of use, relative
				 stability of prices, and transportation costs.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-8 - CONTRACTS › Rule 665-2-8-.03 - Extension of Contract Termination Dates

Current through Rules and Regulations filed through June 27, 2024
When in the public interest, contractors may be requested to
				 extend the scheduled termination dates of contracts.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-9 - PARTIAL AND MULTIPLE AWARDS › Rule 665-2-9-.01 - Use

Current through Rules and Regulations filed through June 27, 2024
(1) Partial,
				progressive or multiple awards may be made where it is advantageous to the
				state.
(2) Notwithstanding the
				necessity for awards to more than one supplier in the case of some indefinite
				quantity contracts, such awards shall be limited to the number of suppliers
				deemed necessary to reasonably satisfy the intended requirements.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-10 - WAIVER OF COMPETITION › Rule 665-2-10-.01 - Policy

Current through Rules and Regulations filed through June 27, 2024
Under conditions listed in this Rule, and otherwise if deemed
				 to be in the public interest by the CIO or his designee, competition may be
				 waived. If the procurement is under the delegation of the agency, the agency
				 may waive competition in conformance with this rule. If the procurement is over
				 the agency delegation, requests for waiver shall be submitted to GTA for
				 appropriate determination. Competition may be waived under the following
				 conditions: where competition is not available; where a needed product or
				 service is available from only one source of supply; where emergency action is
				 indicated; where competition has been solicited but no satisfactory offers
				 received; where standardization or compatibility is the overriding
				 consideration; where a donation predicates the source of supply; where personal
				 or particular professional services are required; where a product or service is
				 needed for a person with disabilities and there are overriding considerations
				 for its use; where additional products or services are needed to complete an
				 ongoing job or task; where a particular product or service is desired for
				 educational, training, experimental, developmental or research work; where
				 equipment is already installed, connected and in service, and it is determined
				 advantageous to purchase it; where items are subject to rapid price fluctuation
				 or immediate acceptance; where there is evidence of resale price maintenance or
				 other control of prices, lawful or unlawful, or collusion on the part of
				 companies that thwarts normal competitive procedures; where a purchase is being
				 made and a price is available from a previous contract; where the requirement
				 is for an authorized cooperative project with another governmental unit(s) or a
				 not-for-profit organization(s); and where a used item(s) is available on short
				 notice and subject to prior sale.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-10 - WAIVER OF COMPETITION › Rule 665-2-10-.02 - Approval and Documentation

Current through Rules and Regulations filed through June 27, 2024
Although competition may be waived pursuant to Rule
				  665-2-10-.01  of this Section, the
				 use of competition is required wherever practicable. Where waiver is
				 contemplated, agencies may negotiate with a potential vendor(s) in an effort to
				 acquire the quality of good or service needed at the best possible price,
				 delivery, terms and conditions, when the expenditure is less than their
				 respective delegation. Documentation justifying waiving the competitive process
				 must be attached to the record of this type of procurement. Under an emergency
				 situation, the procurement process requesting or inviting an offer(s) shall be
				 handled by the agency, including standard language terms and conditions issued
				 by GTA, unless circumstances prohibit their use. Negotiations may also be
				 conducted with a potential vendor(s) for contracts exceeding the delegation if
				 the agency has received prior approval from GTA. All actions that exceed the
				 general delegation are subject to the conditions of Rule
				  665-2-12-.02  of this
				 Subchapter.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-11 - MISCELLANEOUS PROVISIONS › Rule 665-2-11-.01 - Confidentiality

Current through Rules and Regulations filed through June 27, 2024
(1) The offeror may
				designate documents or records as proprietary or a trade secret however this
				may not prevent disclosure under the Georgia Open Records Act (O.C.G.A.
				  50-18-70
et seq.
). Only documents or records meeting the criteria for
				an exemption of the Georgia Open Records Act can be kept from disclosure by GTA
				pursuant to a valid Open Records Request. Documents or records that the offeror
				does not wish disclosed must be identified on each page in boldface at the top
				and bottom as "CONFIDENTIAL," along with a cite as to the relevant legal
				authority exempting the materials from disclosure. Cost information shall not
				be deemed confidential. Offerors are put on notice that the mere identification
				and citing of relevant authority may not obviate a disclosure under the Georgia
				Open Records Act.
(2) To promote
				maximum competition and to protect the public competitive procedure from being
				used to obtain information that would normally not be available otherwise, the
				agency that issued the solicitation document may maintain the confidentiality
				of trade secrets, and other procurement materials, and like information as the
				CIO or his designee or the agency's executive officer or his designee may
				determine necessary to ensure the integrity of the public purchasing
				process.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-11 - MISCELLANEOUS PROVISIONS › Rule 665-2-11-.02 - Payment Plans

Current through Rules and Regulations filed through June 27, 2024
Purchase contracts may provide for payment over a period of
				 time. Such instances shall carry written prior approval of the administrative
				 head of the agency. Administrative heads and governing board of agencies shall
				 see that statutory or other prohibitions are not violated. The intended plan of
				 payment shall be included in the procurement document.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-11 - MISCELLANEOUS PROVISIONS › Rule 665-2-11-.03 - Change in Corporate Structure

Current through Rules and Regulations filed through June 27, 2024
The state's contracts shall not be assigned. In cases where
				 contractors are involved in corporate consolidations, acquisitions, or mergers;
				 the agency that issued the solicitation document resulting in the contract may
				 negotiate agreements for the transfer of contractual obligations and the
				 continuance of contracts within the framework of the new corporate
				 structures.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-11 - MISCELLANEOUS PROVISIONS › Rule 665-2-11-.04 - Purchasing From or Through Agency Employees

Current through Rules and Regulations filed through June 27, 2024
Every reasonable effort shall be made to avoid making
				 purchases from or through employees of any agency. Prior written approval from
				 the CIO or his designee is required before doing business with such personnel.
				 In deciding whether to grant approval, the CIO or his designee shall consider
				 the type of item or service needed, the prevailing market conditions, whether
				 competition is available, the cost involved, and the effects of doing business
				 with the employee. All such purchases must comply with all statutory
				 requirements governing such transactions.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-11 - MISCELLANEOUS PROVISIONS › Rule 665-2-11-.05 - Antitrust Violations

Current through Rules and Regulations filed through June 27, 2024
In instances of identical offers, or where there are
				 otherwise indications of collusion, awards may be made in a manner intended to
				 discourage or prevent its continuance as deemed to represent the state's best
				 interest. The agency that issued the solicitation documents shall report
				 suspected antitrust violations to appropriate law enforcement
				 authorities.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-11 - MISCELLANEOUS PROVISIONS › Rule 665-2-11-.06 - Cooperative Purchasing

Current through Rules and Regulations filed through June 27, 2024
(1) Where an agency or GTA is a participant
				in a cooperative project with another governmental entity or with a
				not-for-profit organization, goods and services necessary to the project shall
				be acquired according to rules in this Chapter. However, if the interest of the
				state would be better served by one of the following acquisition methods, the
				CIO or his designee may authorize that acquisition method to be used:
(a) by making or authorizing acquisition on
				behalf of such governmental entity or not-for-profit organization; or
(b) by authorizing acquisition on the state's
				behalf under the provisions of another state or another governmental entity, or
				not-for-profit organization or consortium.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-11 - MISCELLANEOUS PROVISIONS › Rule 665-2-11-.08 - Code of Ethics for Government Service

Current through Rules and Regulations filed through June 27, 2024
The provisions of O.C.G.A. §
									45-10-1
et
				 seq.
strictly apply to these rules, to the actions of the GTA, and to
				 all parties participating under these Rules.
O.C.G.A. Secs.
				  45-10-1,   50-25-7.3.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-11 - MISCELLANEOUS PROVISIONS › Rule 665-2-11-.10 - Default and Emergency Cover; Debarment

Current through Rules and Regulations filed through June 27, 2024
(1) Where an agency is a party to a contract
				procured through GTA finds a contractor in default for failing to perform in
				accordance with the contract requirements, terms or conditions, such agency may
				take action, immediate if necessary, to purchase the needed goods or services
				on the open market and charge any additional cost for the goods or services and
				expense for doing so to the defaulting contractor, where such default results
				in the creation of an emergency or pressing need as those terms are defined in
				Rule
				  665-2-12-.02. If an agency finds a
				contractor in default, such action and the circumstances shall be reported by
				the agency to GTA in writing. This does not limit any other remedies that may
				be available to the state or agency.
(2) GTA may initiate suspension and debarment
				proceedings at the agency's request or upon GTA's own discretion in accordance
				with Rule
				  665-2-11-.13.
O.C.G.A. Secs.
				  50-25-4,   50-25-7.3.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-11 - MISCELLANEOUS PROVISIONS › Rule 665-2-11-.11 - Faithful Performance

Current through Rules and Regulations filed through June 27, 2024
(1) A bond, or other means of ensuring
				faithful performance, may be required on the contractor at the contractor's
				expense.
(2) Liquidated damages may
				be provided for in the contract, as a means of ensuring faithful performance
				from the contractor.
(3) The agency
				may hold as a retainage a percentage of the contract value to be remitted upon
				final acceptance by the agency.
(4)
				The agency may withhold final payment contingent on acceptance of the final
				deliverable.
(5) Performance-based
				payments may be utilized.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-11 - MISCELLANEOUS PROVISIONS › Rule 665-2-11-.13 - Debarment and Suspension

Current through Rules and Regulations filed through June 27, 2024
(a) Grounds for Debarment.
1. Grounds for debarment include the
				following acts or omissions on the part of the contractor or any of its
				officers, directors, partners, five percent shareholders, principals, or other
				person substantially involved in its activities:
(i) conviction under any state or federal law
				of any of the following:
(I) a criminal
				offense incident to obtaining, or attempting to obtain, or performing, a public
				or private contract;
(II) fraud,
				embezzlement, theft, bribery, forgery, falsification or destruction of records,
				or receiving stolen property;
(III)
				a criminal violation of any state or federal antitrust law;
(IV) violation of the Racketeer Influence and
				Corrupt Organization Act,
				 18 U.S.C. section 1961
et seq.
,
				or the Mail Fraud Act,
				 18 U.S.C. section 1341
et seq.
, for acts in
				connection with the submission of bids or proposals for a public or private
				contract;
(V) conspiracy to commit
				any act or omission that would constitute grounds for conviction or liability
				under any statute described in subparagraph (IV) above; or
(VI) an offense indicating a lack of business
				integrity or business ethics that seriously and directly affects responsibility
				as a contractor;
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-11 - MISCELLANEOUS PROVISIONS › Rule 665-2-11-.14 - Offeror Rehabilitation

Current through Rules and Regulations filed through June 27, 2024
Offerors who have been debarred, may apply for a declaration
				 of rehabilitation where such offeror has taken affirmative actions to remedy
				 the facts or circumstances that lead to the debarment. Applications for a
				 declaration of rehabilitation shall be filed with GTA's Procurement Director in
				 accordance with this Rule. The decision to grant or deny such applications is
				 within the discretion of the Procurement Director, as long as there is a
				 rational basis for the decision. Decisions shall not be arbitrary or
				 capricious.
(a) General Standards.
1. An application for a declaration of
				rehabilitation may be made by any offeror who has been suspended or debarred by
				GTA, if such offeror has either declined to protest or exhausted the processes
				set forth in Rule
				  665-2-11-.13.
2. A declaration of rehabilitation will not
				result in the expungement of the existing record documenting the suspension or
				debarment. A copy of the decision granting the requested declaration or denying
				the application shall be appended to the appropriate underlying
				records.
3. In instances where an
				offeror has been debarred, the restrictions and scope of the debarment decision
				shall remain in full effect until the debarment time limit has expired, UNLESS
				the Procurement Director renders a decision granting the application for
				declaration of rehabilitation effective earlier than the original debarment
				time limit.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-11 - MISCELLANEOUS PROVISIONS › Rule 665-2-11-.15 - Vendor Lobbyists

Current through Rules and Regulations filed through June 27, 2024
All contractors who employ or retain one or more vendor
				 lobbyists that actually lobby GTA or any other Agency for contracts shall cause
				 such lobbyists to register with the State Ethics Commission and to file the
				 disclosures required by Article 4 of Chapter 5 of Title 21 of the Official Code
				 of Georgia Annotated. The GTA Executive Director is authorized to create
				 policies and processes to verify that offerors or prospective offerors comply
				 with this Rule and to effectuate any executive orders or statutes now or
				 hereafter created in regards to Vendor Lobbyists.
O.C.G.A. Sec.
				  50-25-7.3.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-12 - EXEMPTIONS, EMERGENCIES, AND SPECIAL DELEGATIONS › Rule 665-2-12-.01 - Exemptions

Current through Rules and Regulations filed through June 27, 2024
The CIO or his designee may exempt products and services from
				 purchase through GTA provided the CIO or his designee determines that no price
				 or quality advantage would be gained by handling a particular acquisition
				 through GTA.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-12 - EXEMPTIONS, EMERGENCIES, AND SPECIAL DELEGATIONS › Rule 665-2-12-.02 - Emergencies

Current through Rules and Regulations filed through June 27, 2024
(1) An agency may
				make purchases of goods or services in the open market in cases of emergency or
				pressing need. For this purpose, a pressing need is one arising from unforeseen
				causes including, but not limited to, delay by contractors, delay in
				transportation, breakdown in machinery, unanticipated volume of work, or
				financial situations which result in the State incurring unreasonable expenses.
				Emergencies are defined as situations that endanger lives, property or the
				continuation of a vital program or unreasonably risk assets, as determined by
				the agency executive officer, and that can be rectified only by immediate,
				on-the-spot purchases or rental of goods or services.
(2) Agencies may negotiate with a potential
				vendor(s) in an effort to acquire the quality of good or service needed at the
				best possible price, delivery, terms and conditions. If time permits, a
				solicitation document requesting or inviting an offer(s) may be issued,
				including standard language terms and conditions issued by GTA, unless
				circumstances prohibit their use.
(3) When emergency or pressing need action is
				necessary, and the expenditure is over the delegation, prior verbal approval
				shall be obtained from GTA if time permits. Subsequently, whether or not such
				prior approval was possible, if the expenditure is over the delegation, an
				explanation of the emergency or pressing need purchase shall be reported in
				writing to GTA.
O.C.G.A. Secs.
				  50-25-7.3, 50-25-7.6,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-12 - EXEMPTIONS, EMERGENCIES, AND SPECIAL DELEGATIONS › Rule 665-2-12-.03 - Special Delegations

Current through Rules and Regulations filed through June 27, 2024
(1) The CIO or his designee may authorize, by
				special delegation, any agency to purchase specific goods or services even if
				the expenditure exceeds the general delegation. Every such delegation shall be
				in writing and made a matter of record.
(2) The CIO or his designee may require that
				offers received under such delegations be sent to GTA for determination of the
				successful vendor.
(3) GTA shall
				periodically review its special delegations of purchase to ascertain the
				availability of these goods or services and their continued suitability for
				delegation.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-12 - EXEMPTIONS, EMERGENCIES, AND SPECIAL DELEGATIONS › Rule 665-2-12-.04 - Compliance Reviews

Current through Rules and Regulations filed through June 27, 2024
(1) GTA shall be responsible for compliance
				reviews on technology purchasing practices at all agencies. The purpose of the
				compliance review shall be for determining if an agency is complying with GTA's
				purchasing statutes and rules adopted thereunder, and whether it should
				continue having the same level of delegation, have it reduced, or if it
				qualifies for an increase. A copy of the compliance report shall be provided to
				the agency's executive officer, and the State CIO.
(2) GTA staff may enter the premises and
				obtain an agency's purchasing records for the purpose of the compliance review.
				The agency shall cooperate with GTA staff, providing them with requested
				records, adequate office space for conducting the review and agency purchasing
				staff for discussion of purchase transactions. GTA shall not unnecessarily
				require of the agency any more than is needed to complete the review.
(3) The CIO may lower, or raise if requested,
				an agency's general delegation if the results of a compliance review by the
				compliance staff of GTA merit such action as determined by the CIO. The CIO may
				lower the delegation to any level, including the complete removal of the
				delegation, depending on the nature of any violations found.
(4) The CIO or his designee shall provide to
				each agency, upon request, GTA's assistance in educational training for the
				agency's staff to better acquaint them with GTA's purchasing statutes and
				rules.
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-13 - RECORDS › Rule 665-2-13-.01 - Record Maintenance

Current through Rules and Regulations filed through June 27, 2024
Except where state law provides to the contrary, after the
				 award of a contract, the purchasing records of an agency are public documents,
				 and these documents shall be maintained for a period of three years after the
				 expiration date of the contract. Record retention shall be in accordance with
				 the Georgia Records Act (O.C.G.A. §
									50-18-90
et
				 seq.
).
O.C.G.A. Secs.
				  50-25-7.3,
				  50-25-4.
Compilation of Rules and Regulations of the State of Georgia › Department 665 - RULES OF GEORGIA TECHNOLOGY AUTHORITY › Chapter 665-2 - INFORMATION TECHNOLOGY PROCUREMENT › Subject 665-2-13 - RECORDS › Rule 665-2-13-.02 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) The agency or
				GTA shall identify each paper or electronic contract record individually so it
				can be readily located and referenced.
(2) The agency or GTA shall document all
				purchase transactions. As applicable, each paper or electronic record shall
				include:
(a) Requisition;
(b) Required approval to proceed with
				acquisition;
(c) Original offers if
				in writing, or written documentation of verbal offers received;
(d) Worksheets/evaluations;
(e) Distribution list, if used;
(f) Written justification for waiver or
				emergency purchase;
(g) Evaluation
				of offers received;
(h) Copy of
				purchase order(s) or certification to agency authorizing placing of
				order;
(i) Related
				correspondence;
(j) Reason(s) for
				receiving only one offer in response to a solicitation;
(k) Negotiated contracts.
Compilation of Rules and Regulations of the State of Georgia › Department 668 - GRANTS OF GEORGIA DEPARTMENT OF TECHNICAL AND ADULT EDUCATION › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
Grant Chapter 668-1 entitled "Grant Programs" submitted June 2,
			 1994.
Grant Chapter 668-1 submitted July 12, 1995.
Grant Chapter 668-1 submitted October 21, 1996.
Grant Chapter 668-1 submitted September 22, 1997.
Grant Chapter 668-1 submitted July 30, 1998.
Grants
			  668-1-.04, .06, 
			.07,
			.09 
			 terminated. Grants
			  668-1-.05, .08 submitted
			 September 22, 1999.
Grants
			  668-1-.01, .02 submitted June 26,
			 2000.
Grant Chapter 668-1 submitted July 3, 2001.
Grants
			  668-1-.01, .02 submitted July 5,
			 2002.
Grants
			  668-1-.01, .02 submitted January
			 2, 2003.
Grant Chapter 668-1 submitted June 17, 2003.
Grant Chapter 668-1 submitted December 29, 2003.
Grant Chapter 668-1 submitted December 22,
			 2004.
Compilation of Rules and Regulations of the State of Georgia › Department 668 - GRANTS OF GEORGIA DEPARTMENT OF TECHNICAL AND ADULT EDUCATION › Chapter 668-1 - GRANT PROGRAMS › Rule 668-1-.01 - Area School Program

Current through Rules and Regulations filed through June 27, 2024
(1) Statutory
			 Authority. O.C.G.A.  20-4-14.
(2)
			 Purpose. The purpose of this program is to provide postsecondary technical
			 education to a designated service area of the state through locally governed
			 technical institutes.
(3) Terms and
			 Conditions. Grants are awarded to provided postsecondary technical education
			 through approved programs of study leading to employment with business and
			 industry and to provide services to industry for the purpose of updating and
			 training personnel.
(4) Eligible
			 Recipients. Technical Institutes governed by local boards of
			 education.
(5) Criteria for Award.
			 Grants are awarded to postsecondary technical institutes under the governance
			 of local boards of education which serve designated areas of the state as
			 determined by the State Board of Technical and Adult Education.
(6) Directions and Deadlines for Applying.
			 Requests for information should be made to the Office of Technical Education,
			 1800 Century Place, Atlanta, Georgia 30345-4304.
O.C.G.A. Sec.
				  28-5-120.
Compilation of Rules and Regulations of the State of Georgia › Department 668 - GRANTS OF GEORGIA DEPARTMENT OF TECHNICAL AND ADULT EDUCATION › Chapter 668-1 - GRANT PROGRAMS › Rule 668-1-.02 - Adult Literacy Grants

Current through Rules and Regulations filed through June 27, 2024
(1) Statutory
			 Authority. O.C.G.A.  20-4-16.
(2)
			 Purpose. The purpose of these grants is to provide for adult academic basic
			 skills education, teacher training and demonstration projects related to
			 innovation in this area of education.
(3) Terms and Conditions. A fixed price grant
			 is awarded to provide these services. The grant period is the State fiscal year
			 (July 1 through June 30).
(4)
			 Eligible Recipients. Local education agencies, correctional education agencies,
			 community-based organizations, public or private non-profit agencies,
			 postsecondary educational institutions, institutions that serve educationally
			 disadvantaged adults, housing authorities, and any other institution that has
			 the ability to provide literacy services to adults and families. For profit
			 entities may participate in collaboration but cannot be the
			 applicant.
(5) Criteria for Award.
			 Grants are awarded based on the applicant's response to a request for
			 application. Applications are judged on a competitive basis on the eligibility
			 and selection criteria listed in the formal "Request for Application" issued by
			 the Georgia Department of Technical and Adult Education.
(6) Directions and Deadlines for Applying.
			 Requests for information should be made to the Office of Adult Literacy, 1800
			 Century Place, Atlanta, Georgia 30345-4304.
O.C.G.A. Sec.
				  28-5-120.
Compilation of Rules and Regulations of the State of Georgia › Department 668 - GRANTS OF GEORGIA DEPARTMENT OF TECHNICAL AND ADULT EDUCATION › Chapter 668-1 - GRANT PROGRAMS › Rule 668-1-.04 - Terminated

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  28-5-120,  28-5-122.
Compilation of Rules and Regulations of the State of Georgia › Department 668 - GRANTS OF GEORGIA DEPARTMENT OF TECHNICAL AND ADULT EDUCATION › Chapter 668-1 - GRANT PROGRAMS › Rule 668-1-.05 - Terminated

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  28-5-120,  28-5-122.
Compilation of Rules and Regulations of the State of Georgia › Department 668 - GRANTS OF GEORGIA DEPARTMENT OF TECHNICAL AND ADULT EDUCATION › Chapter 668-1 - GRANT PROGRAMS › Rule 668-1-.06 - Terminated

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  28-5-120,  28-5-122.