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(Code 1981, §50-20-2, enacted by Ga. L. 1998, p. 237, § 1; Ga. L. 2013, p. 141, § 50/HB 79.)
The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised capitalization in paragraph (4).
- In light of the similarity of the statutory provisions, opinions under Ga. L. 1976, p. 1414, § 6, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations of this Code section.
- For these provisions to apply, the entity contracting with the state agency must be one normally and generally engaged in nonprofit endeavors, and not simply an organization which, for the purposes of one specific contract, receives no profit for services provided a state agency. 1977 Op. Att'y Gen. No. 77-27 (decided under Ga. L. 1976, p. 1414, § 6).
- Law covers all noncompetitively bid contracts, other than individual employment contracts, that are entered into between a state agency and a nonprofit contractor when the nonprofit contractor receives public funds of any kind under the contract. 1976 Op. Att'y Gen. No. 76-64 (decided under Ga. L. 1976, p. 1414, § 6).
Private individuals who contract with the Department of Natural Resources for the preparation of nominations for the National Register of Historic Places or for the restoration or maintenance of sites of historical value through moneys provided by National Park Service restoration grants are not nonprofit contractors in the sense in which that term is defined and used in the law. 1977 Op. Att'y Gen. No. 77-27 (decided under Ga. L. 1976, p. 1414, § 6).
- Law is not applicable to contracts between the Department of Natural Resources and universities and their units or extensions which are part of the University System of Georgia or the university system of another state since the exemption in this section removes the Board of Regents and its governed institutions from the definition of "nonprofit contractor" used in the section. However, these provisions would, in most instances, be applicable to contracts with private colleges and universities. 1976 Op. Att'y Gen. No. 76-88 (decided under Ga. L. 1976, p. 1414, § 6).
- As a general rule, nonprofit corporations and organizations are those presumably designed for the attainment or conference upon others of spiritual or cultural benefits, or benefits of a philanthropic nature. 1977 Op. Att'y Gen. No. 77-27 (decided under Ga. L. 1976, p. 1414, § 6).
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