O.C.G.A. § 50-5-17 (2019)
Revenue from sale of surplus state equipment
The Department of Administrative Services is authorized to retain in a reserve fund moneys generated from the sale of any surplus personal property pursuant to Article 4 of this chapter. Such funds may be used to cover any cost associated with disposing of the state’s surplus personal property or such funds may, subject to the approval of the Office of Planning and Budget, be used to purchase personal property for the Department of Administrative Services or for any offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state government.
History
Code 1981, § 50-5-17, enacted by Ga. L.
1988, p. 1944, § 2; Ga. L. 2005, p. 117, § 25/HB 312.
ARTICLE 2 ADMINISTRATIVE SPACE MANAGEMENT 50-5-30 through 50-5-39. [Reserved]. History. Ga. L. 1976, p. 252, §§ 2-10; Ga. L. 1982, p. 3, § 50; Ga. L. 1985, p. 283, § 1; Ga. L. 1985, p. 949, § 1; Ga. L. 1988, p. 426, § 1; Ga. L. 1989, p. 1641, § 13; Ga. L. 1994, p. 1865, §§ 8-12; Ga. L. 1995, p. 1302, § 15; Ga. L. 1998, p. 128, § 50; Ga.
L. 2004, p. 690, § 28; repealed by Ga. L. 2005, p. 100, § 1/SB 158, effective April 12, 2005.
Annotations
Editor’s notes. Ga. L. 2005, p. 100, § 1/SB 158 repealed and reserved this article, effective April 12, 2005.
ARTICLE 3 STATE PURCHASING Cross references. 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. Editor’s 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 Unilateral modification of existing contracts unlawful. - Contracting pro-
cedures 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). Competitive bidding. - When there is no impediment to competitive bidding, the State Purchasing Act, O.C.G.A. § 505-50 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). Low bidder’s constitutionally protected property interest. - 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).
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 O.C.G.A. § 50-5-50 et seq. Harrison
Co. v. Code Revision Com., 244 Ga. 325, 260 S.E.2d 30, 1979 Ga. LEXIS 1225 (1979).