2021 Georgia Code
Title 50 - State Government
Chapter 5 - Department of Administrative Services
Article 3 - State Purchasing

- Criminal penalty for sale by state officer or employee of personal property to state, § 16-10-6.

Criminal penalty for conspiracy in restraint of free and open competition in transactions with state, § 16-10-22.

Guidelines for purchase of textbooks or contracts to purchase textbooks, § 20-2-1014.

Purchase and issuance of military property generally, §§ 38-2-31,38-2-32.

Contracts by state or subdivision thereof for purchase, lease, or other acquisition of equipment and supplies from United States, and as to contracts between state and any political subdivision or municipality thereof for acquisition of property, § 50-16-81.

- By resolution (Ga. L. 1983, p. 598), the General Assembly adopted the temporary plan of operation developed by the Department of Administrative Services to serve as a permanent plan for the operation of the Federal Surplus Property Program in Georgia. (See 40 U.S.C. § 484.)

JUDICIAL DECISIONS

Unilateral modification of existing contracts unlawful.

- Contracting procedures for the State of Georgia are controlled by statute. There is no provision in the statute for any state employee to have the power to unilaterally modify existing contracts. Persons dealing with a public officer must take notice of the extent of the officer's powers. State v. U.S. Oil Co., 194 Ga. App. 1, 389 S.E.2d 498 (1989), cert. denied, 194 Ga. App. 912, 389 S.E.2d 498 (1990).

- When there is no impediment to competitive bidding, the State Purchasing Act, O.C.G.A. Art. 3, Ch. 5, T. 50, and relevant rules mandate competitive bidding. The statutes and rules clearly mandate that procurers award contracts to the lowest responsible bidder whenever possible. Pataula Elec. Membership Corp. v. Whitworth, 951 F.2d 1238 (11th Cir.), cert. denied, 506 U.S. 907, 113 S. Ct. 302, 121 L. Ed. 2d 225 (1992).

- Any discretion to choose the lowest responsible bidder for a contract to provide electric service to a new prison did not preclude the lowest responsible bidder's claim to a constitutionally protected property interest in the award of the contract. Pataula Elec. Membership Corp. v. Whitworth, 951 F.2d 1238 (11th Cir.), cert. denied, 506 U.S. 907, 113 S. Ct. 302, 121 L. Ed. 2d 225 (1992).

PART 1 GENERAL AUTHORITY, DUTIES, AND PROCEDURE

Cross references.

- Purchasing procedures for General Assembly, § 28-4-2.

JUDICIAL DECISIONS

General Assembly not subject to this part.

- The General Assembly is not subject to procedures for state purchasing under T. 50, C. 5, A. 3, P. 1. Harrison Co. v. Code Revision Com., 244 Ga. 325, 260 S.E.2d 30 (1979).