O.C.G.A.

O.C.G.A. § 50-5-64.1 (2019)

Prohibited terms in state contracts

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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(a) A contract entered into pursuant to this part shall not contain a term that:

(1) Requires the state or any agency, authority, board, bureau, commission, department, institution, or any other entity thereof to:

(A) Defend, indemnify, or hold harmless another person; or

(B) Be bound by terms and conditions that are unknown at the time of signing such contract or which may be unilaterally changed by the other party;

(2) Provides for:

(A) A person other than the Attorney General to serve as legal counsel for the state or for any agency, authority, board, bureau, commission, department, institution, or any other entity thereof;

(B) A venue for any action or dispute other than the Superior Court of Fulton County, Georgia, as provided in Code Section 50-21-1;

(C) The contract to be construed in accordance with the laws of a state other than the State of Georgia;

(D) Binding arbitration; or

(E) An automatic renewal such that state funds are or would be obligated in subsequent fiscal years; or

(3) Is inconsistent with the provisions of Article 4 of Chapter 18 of this title, relating to open records.

(b) If a contract entered into pursuant to this part contains a term prohibited under subsection (a) of this Code section, such term shall be void, and the contract shall be otherwise enforceable as if it did not contain such term.

(c) The Department of Administrative Services shall maintain a copy of this Code section on its website.

History

Code 1981, § 50-5-64.1, enacted by Ga. L. 2020, p. 356, § 2/HB 953.

Effective date. This Code section became effective January 1, 2021.