2025 Code of Georgia
Title 50 - State Government (Chs. 1 — 40)
Chapter 5 - Department of Administrative Services (Arts. 1 — 4)
Article 3 - State Purchasing (Pts. 1 — 5)

Annotations

Notes

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

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 Ga. App. LEXIS 1706 (1989).

When there is no impediment to competitive bidding, the State Purchasing Act, O. C. G. A. § 50-5-50 et seq., 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, 1992 U. S. App. LEXIS 944 (11th Cir.), cert. denied, 506 U. S. 907, 113 S. Ct. 302, 121 L. Ed. 2d 225, 1992 U. S. LEXIS 6340 (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, 1992 U. S. App. LEXIS 944 (11th Cir.), cert. denied, 506 U. S. 907, 113 S. Ct. 302, 121 L. Ed. 2d 225, 1992 U. S. LEXIS 6340 (1992).

Research References & Practice Aids

Sale of real or personal property to political subdivision by local officer or employee; exceptions; limitation of civil liability, § 16-10-6.

Conspiracy in restraint of free and open competition in transactions with state, § 16-10-22.

Acquisition and purchase of instructional materials and content, § 20-2-1010 et seq.

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.

O. C. G. A. Title 50

O. C. G. A. Title 50, Ch. 5