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O.C.G.A. § 50-20-8 — Applicability | Georgia Code
O.C.G.A. § 50-20-8 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 50 STATE GOVERNMENT

Section 20. Relations With Nonprofit Contractors, 50-20-1 through 50-20-8.

ARTICLE 2 STATE AIRCRAFT

50-20-8. Applicability.

  1. Except as provided in paragraphs (1) through (3) of subsection (b) and paragraphs (1) and (2) of subsection (c) of this Code section, all contracts between a nonprofit organization and a state organization shall be subject to this chapter.
  2. This chapter shall not apply to:
    1. Procurement contracts used to buy goods or services from vendors;
    2. Individual employment contracts; and
    3. Benefit payments or other related payments made by state organizations to a nonprofit organization on behalf of individuals for health care or other services.
  3. The provisions of subsection (b) of Code Section 50-20-3 shall not apply to the following:
    1. Nonprofit organizations affiliated with the University System of Georgia which are organized or operated primarily for the purpose of serving, soliciting, receiving, and investing gifts and donations in the name of the board of regents or individual units of the University System of Georgia or related programs and which expend less than $25,000.00 in state awards;
    2. Nonprofit organizations affiliated with the State Board of the Technical College System of Georgia or with postsecondary technical schools operated under the state level management and operational control of the State Board of the Technical College System of Georgia which organizations are operated primarily for the purpose of serving, soliciting, receiving, and investing gifts and donations for the board, such schools, or related programs and which expend less than $25,000.00 in state awards; and
    3. Nonprofit organizations which expend less than $25,000.00 in state awards.

(Code 1981, §50-20-8, enacted by Ga. L. 1998, p. 237, § 1; Ga. L. 2011, p. 632, § 3/HB 49.)

The 2011 amendment, effective July 1, 2011, substituted "State Board of the Technical College System of Georgia" for "State Board of Technical and Adult Education" twice in paragraph (c)(2).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under Ga. L. 1976, p. 1414, § 2, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

Noncompetitively bid contracts between state agencies and nonprofit contractors.

- 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, § 2).

Contracts between state agencies and university system.

- 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 statutory exemption removed the Board of Regents and the Board's governed institutions from the definition of "nonprofit contractor". However, these sections 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, § 2).

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.