O.C.G.A.

O.C.G.A. § 50-5-79 (2019)

Purchase contracts contrary to part void and officers personally liable

✓ 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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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.

History

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

Annotations

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 Ga. LEXIS 458 (1990).

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

C.J.S. 81A C.J.S., States, § 328 et seq.

Notes of Decisions

Cited in 3 cases, 1990–1995 · 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 38× “One issue is whether Amdahl may seek to have the contract that DOAS entered into with the winning bidder (appellee International Business Machines Corporation (IBM)) cancelled pursuant to OCGA § 50-5-79. [1] Other issues are whether *691 Amdahl, as a rejected bidder, has…”

City of Atlanta v. J. A. Jones Constr. Co., 398 S.E.2d 369 (Ga. 1990). · cites it 4× “] [3] For a legislative provision imposing personal liability upon public officials for certain contract bidding irregularities, see OCGA § 50-5-79. See also Cobb County v. Wilson, 259 Ga.”

Flint Elec. Membership Corp. v. Whitworth, 68 F.3d 1309 (11th Cir. 1995). · cites it 2× “One vehicle for bringing such an action in state court is O.C.G.A. § 50-5-79, through which contracts made in violation of the State Purchasing Act may be declared void.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.