2020 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 10 - Contracts and Purchases by Public Schools
§ 20-2-500. Contracts for Purchases Authorized of Certain Supplies, Materials, Equipment, or Agricultural Products to Give Preference to In-State Manufacturers or Producers; Purchases Over $100,000.00; Vendor Preferences

1. 1. Local boards of education shall provide that contracts for or purchases of supplies, materials, equipment, or agricultural products, including but not limited to school buses but not including instructional materials or beverages for immediate consumption, for public elementary and secondary schools supported in whole or in part from public funds 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.
   2. Local boards of education shall provide that, 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 local school district 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 local school district shall divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this paragraph.
2. 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 to vendors resident therein over vendors resident in the State of Georgia.
3. Nothing in this Code section shall negate the requirements of Code Section 50-5-73.

(Ga. L. 1968, p. 335, § 1; Ga. L. 2009, p. 204, § 1/SB 44; Ga. L. 2010, p. 308, § 3/SB 447; Ga. L. 2012, p. 358, § 25/HB 706.)

- Ga. L. 2009, p. 204, § 6/SB 44, not codified by the General Assembly, provides, in part, that this Act shall not be applied to impair an obligation of any contract entered into prior to July 1, 2009.

Ga. L. 2010, p. 308, § 4/SB 447, not codified by the General Assembly, provides that this Act shall apply to contracts which are first advertised or otherwise given public notice on or after July 1, 2010.

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, §§ 28 et seq., 83, 135 et seq.

- 78 C.J.S., Schools and School Districts, §§ 235, 236, 500 et seq., 560 et seq. 78A C.J.S., Schools and School Districts, §§ 699, 703, 704, 726, 728 et seq.