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O.C.G.A. § 50-5-54 — Rules and regulations to be made and published | Georgia Code

O.C.G.A. § 50-5-54 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 50 STATE GOVERNMENT

Section 5. Department of Administrative Services, 50-5-1 through 50-5-202.

ARTICLE 3 STATE PURCHASING

50-5-54. Rules and regulations to be made and published.

The commissioner of administrative services is authorized and empowered by this part to make all rules, regulations, and stipulations and to provide specifications to carry out the terms and provisions of this part as may be necessary for the purposes of this part. The rules and regulations as prescribed by the commissioner shall be published in pamphlet form and all the departments of the state government shall be furnished with copies of the same.

(Ga. L. 1939, p. 160, § 2.)

JUDICIAL DECISIONS

Manual set out procedures.

- Legislature did not have to include an express exhaustion requirement in the Georgia's State Purchasing Act, O.C.G.A. § 50-5-50 et seq., because the Georgia Vendor Manual, promulgated pursuant to O.C.G.A. § 50-5-54, itself set forth the regulations, including mandatory protest procedures, that were necessary for carrying out the Act's purposes. Diverse Power, Inc. v. Jackson, 285 Ga. 340, 676 S.E.2d 204 (2009).

Timely bid protest.

- There was nothing about the ten-day protest window of Dep't Admin. Serv. Ga. Vendor Manual § 3.8(2) that prevented a utility from filing a timely bid protest as the utility had not been required to obtain more information regarding any alleged wrongdoing by the awarding agency before filing an initial protest to the award of the contract to the utility's rival. Diverse Power, Inc. v. Jackson, 285 Ga. 340, 676 S.E.2d 204 (2009).

OPINIONS OF THE ATTORNEY GENERAL

Petroleum credit card purchases authorized.

- Commissioner may legally approve and instigate a program of petroleum credit card purchases by state employees for state-owned automotive vehicles and promulgate reasonable rules and regulations for administering such a system of purchases, providing such purchases are emergency purchases. 1967 Op. Att'y Gen. No. 67-219.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 258. 64 Am. Jur. 2d, Public Works and Contracts, §§ 8, 13.

C.J.S.

- 81A C.J.S., States, § 268 et seq.

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This Georgia Code resource is curated by this site's author, 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.