O.C.G.A.

O.C.G.A. § 50-5-64 (2019)

Multiyear contracts authorized; standard form provisions; what funds obligated; interest

✓ 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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(a) The Department of Administrative Services shall be authorized to execute on behalf of all state agencies subject to this part multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, services, and supplies, provided that any such contract shall be executed only on a standard form developed by the department for such use; and provided, further, that the standard form contract shall contain provisions for the following:

(1) The contract shall terminate absolutely and without further obligation on the part of the user agency or the department at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed as provided in this Code section;

(2) The contract may be renewed only by a positive action taken by the user agency or by the department on behalf of the user agency, and the nature of such action shall be determined by the department and specified in its standard contract;

(3) The contract shall terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the user agency under the contract. The determination of the occurrence of such unavailability of funds shall be made by the user agency in its sole discretion and shall be conclusive;

(4) The contract shall state the total obligation of the user agency for the fiscal year of execution and shall further state the total obligation which will be incurred in each fiscal year renewal term, if renewed; and

(5) The contract shall provide that title to any supplies, materials, or equipment shall remain in the vendor until fully paid for by the user agency.

(b) Any standard contract developed hereunder containing the provisions enumerated in subsection (a) of this Code section shall be deemed to obligate the user agency only for those sums payable during the fiscal year of execution or, in the event of a renewal by the user agency, for those sums payable in the individual fiscal year renewal term.

(c) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the state for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal.

(d) Any such contract may provide for the payment by the user agency of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section.

History

Ga. L. 1979, p. 352, § 1.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 64 Am. Jur. 2d, Public Works and Contracts, §§ 18, 117.

C.J.S. 81A C.J.S., States, § 353 et seq.

Notes of Decisions

Cited in 2 cases, 2013–2013 · leading case: Richard Bowers & Co. v. Clairmont Place, LLC, 751 S.E.2d 481 (Ga. Ct. App. 2013).

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Richard Bowers & Co. v. Clairmont Place, LLC, 751 S.E.2d 481 (Ga. Ct. App. 2013). · cites it 2× “The sublease and CMD’s consent thereto did not, however, contemplate that the Building Authority would be relieved of its obligations under the 2004 Lease. The agreement between CMD, as seller, and Clairmont, as purchaser, contemplated that the parties would execute an…”

Richard Bowers & Co. v. Clairmont Place, LLC (Ga. Ct. App. 2013). · cites it 2× “6 Following its purchase of 3 See OCGA §§ 50-5-64, 50-5-77. 4 Penso attached the 2004 Lease and the referenced sublease to his affidavit.”

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