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2018 Georgia Code 50-5-79 | Car Wreck Lawyer

TITLE 50 STATE GOVERNMENT

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

ARTICLE 3 STATE PURCHASING

50-5-79. Purchase contracts contrary to part void and officers personally liable.

Whenever any department, institution, or agency of the state government required by this part and the rules and regulations adopted pursuant to this part applying to the purchase of supplies, materials, or equipment through the Department of Administrative Services shall contract for the purchase of such supplies, materials, or equipment contrary to this part or the rules and regulations made pursuant to this part, such contract shall be void and of no effect. If any official of such department, institution, or agency willfully purchases or causes to be purchased any supplies, materials, or equipment contrary to this part or the rules and regulations made pursuant to this part, such official shall be personally liable for the cost thereof; and, if such supplies, materials, or equipment are so unlawfully purchased and paid for out of the state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor.

(Ga. L. 1937, p. 503, § 10; Ga. L. 1991, p. 1380, § 2; Ga. L. 1992, p. 6, § 50.)

JUDICIAL DECISIONS

Inapplicable to department's contracts for department's own purchases.

- O.C.G.A. § 50-5-79 only applies to contracts entered by agencies required to purchase supplies through the Department of Administrative Services; the statute does not apply to contracts that the department enters for the department's own purchases. Amdahl Corp. v. Georgia Dep't of Admin. Serv., 260 Ga. 690, 398 S.E.2d 540 (1990).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 253, 262, 265, 346, 375. 64 Am. Jur. 2d, Public Works and Contracts, § 19.

C.J.S.

- 81A C.J.S., States, § 328 et seq.

Cases Citing Georgia Code 50-5-79 From Courtlistener.com

Total Results: 2

City of Atlanta v. J. A. Jones Construction Co.

Court: Supreme Court of Georgia | Date Filed: 1990-12-05

Citation: 398 S.E.2d 369, 260 Ga. 658, 1990 Ga. LEXIS 455

Snippet: certain contract bidding irregularities, see OCGA § 50-5-79. See also Cobb County v. Wilson, 259 Ga. 685 (386

Amdahl Corp. v. Georgia Department of Administrative Services

Court: Supreme Court of Georgia | Date Filed: 1990-12-05

Citation: 398 S.E.2d 540, 260 Ga. 690, 1990 Ga. LEXIS 458

Snippet: Corporation (IBM)) can-celled pursuant to OCGA § 50-5-79.1 Other issues are whether *691Amdahl, as a rejected