O.C.G.A.

O.C.G.A. § 50-5-50 (2019)

Purposes and policies of part

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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The underlying purposes and policies of this part are: (1) To permit the continued development of centralized procurement policies and practices; (2) To control and reduce the cost of purchasing, leasing, renting, or otherwise procuring supplies, materials, services, and equipment through the use of centralized purchasing; (3) To ensure openness and accessibility by all qualified vendors to the state’s purchasing processes so as to achieve the lowest possible costs to the state through effective competition among such vendors; (4) To provide for timely, effective, and efficient service to using agencies and to vendors doing business with the state; (5) To ensure the fair and equitable treatment of all persons who deal with the procurement system of the state;

(6) To provide for increased public confidence in the procedures followed in public procurement; and (7) To provide safeguards for the maintenance of a procurement system of quality and integrity.

History

Ga. L. 1931, p. 7, § 2; Code 1933, § 401901; Ga. L. 1937, p. 503, § 1; Ga. L. 1939, p. 160, § 1; Ga. L. 1950, p. 280, § 1; Ga. L. 1955, p. 643, § 1; Ga. L. 1979, p. 659, § 1.

Annotations

Editor’s notes. Ga. L. 1937, p. 503, § 3, not codified by the General Assembly, provided that nothing contained in the Act would be construed to interfere with or change the law with regard to the printing of the reports of the Supreme Court and the Court of Appeals of Georgia as is set forth in Art. 2 of Ch. 18 of this title (O.C.G.A. § 50-18-20 et seq.). Ga. L. 1979, p. 659, § 7, not codified by the General Assembly, provided that nothing in Code Sections 50-5-51, 50-5-57, 50-

5-58, 50-5-67, and this Code section would be construed to affect, repeal, or limit the operation of either an Act known as the “Unemployment Compensation Law,” approved March 29, 1937 (Code Section 348-1 et seq.), as amended, particularly by an Act approved March 31, 1976 (Code Section 34-8-153 et seq.), or an Act known as the “Executive Reorganization Act of 1972,” approved April 6, 1972 (Ga. L. 1972, p. 1015). Law reviews. For article advocating the inclusion of state purchasing regulations under the Georgia Administrative Procedure Act (O.C.G.A. § 50-13-1 et seq.), see 1 Ga. St. B.J. 269 (1965).

JUDICIAL DECISIONS Applicability to county. - Long County is not subject to the competitive bidding provisions in O.C.G.A. § 50-5-50 et seq., setting forth the procurement policies and practices for the Department of Administrative Services. Strykr v. Long County Bd. of Comm’rs, 277 Ga. 624, 593 S.E.2d 348, 2004 Ga. LEXIS 187 (2004). Rights of rejected bidder. - Even in

competitive sealed proposals under O.C.G.A. § 50-5-67(a), a rejected bidder who alleges the proposal was conducted in an arbitrary and unfair manner falls within the zone of interest to be protected by the procurement laws. Amdahl Corp. v. Georgia Dep’t of Admin. Serv., 260 Ga. 690, 398 S.E.2d 540, 1990 Ga. LEXIS 458 (1990).

Notes of Decisions

Cited in 6 cases, 1989–2009 · leading case: Amdahl Corp. v. Georgia Dep't of Admin. Servs., 398 S.E.2d 540 (Ga. 1990).

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Amdahl Corp. v. Georgia Dep't of Admin. Servs., 398 S.E.2d 540 (Ga. 1990). · cites it 6× “OCGA § 50-5-50 provides that the purposes and policies of state procurement laws are, inter alia: (3) To ensure openness and accessibility by all qualified vendors to the state's purchasing processes so as to achieve the lowest possible costs to the state through effective…”

Diverse Power, Inc. v. Jackson, 676 S.E.2d 204 (Ga. 2009). · cites it 4× “Pursuant to Georgia’s State Purchasing Act (OCGA § 50-5-50 et seq.), on August 8, 2006, the Georgia Department of Technical and Adult Education (DTAE) sent a Request for Proposal to Diverse Power, Inc.”

Strykr v. Long Cnty. Bd. of Commissioners, 593 S.E.2d 348 (Ga. 2004). · cites it 2× “Long County is not subject to the competitive bidding provisions in OCGA § 50-5-50 et seq., setting forth the procurement policies and practices for the Department of Administrative Services.”

State of Ga. v. US Oil Co., 389 S.E.2d 498 (Ga. Ct. App. 1989). · cites it 2× “Second, if the letters were to be considered as an attempt to modify the contract, the modifications would be invalid as a matter of law.”

LPS Constr. Co. v. Georgia Dep't of Def., 491 S.E.2d 920 (Ga. Ct. App. 1997). · cites it 2× “1 The bid package contained a proposal form which stated: “Prior to the bid opening date and hour, errors may be stricken or revisions may be made and corrections entered on this proposal form, provided that any such strike-over or revision is signed in ink by the person signing…”

Pataula Elec. Membership Corp. v. Whitworth, 951 F.2d 1238 (11th Cir. 1992). “” Ga. Code Ann. § 50-5-50 (3) (Michie 1990).”

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