Procurement of Contracts With Central Nonprofit Agencies; Fees; Cancellation or Modification; Existing Contracts Grandfathered

  1. Law
  2. Georgia Code
  3. State Government
  4. Department of Administrative Services
  5. State Purchasing
  6. State Use Council
  7. Procurement of Contracts With Central Nonprofit Agencies; Fees; Cancellation or Modification; Existing Contracts Grandfathered

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  1. The Department of Administrative Services shall contract with the central nonprofit agency to pay a fee to such agency on the basis of contracts procured from the state.This fee shall be not less than 5 percent nor more than 8 percent of the total contract fee awarded for a particular project.The fees will be added to the fair market price paid by the state agencies and political subdivisions or will be paid from assessments received from the state agencies and political subdivisions by the Department of Administrative Services. The timeliness and methodology of collection of these fees will be decided upon between the Department of Administrative Services and the central nonprofit agency and shall be incorporated into such contract.
  2. The commissioner of administrative services retains the right to cancel or modify contracts which have been selected for procurement under this part for nonperformance and noncompetitive pricing reasons.
  3. All contracts which presently exist between the State of Georgia and community based rehabilitation programs and training centers in Georgia, including the State of Georgia administered Georgia Industries for the Blind, shall be grandfathered in perpetuity, excepting for nonperformance reasons according to the policies, regulations, and determination of the Department of Administrative Services.

(Code 1981, §50-5-138, enacted by Ga. L. 1993, p. 1736, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Cancellation of contracts.

- Under O.C.G.A. § 50-5-138(b), the Commissioner of Administrative Services is empowered to cancel or modify contracts when either nonperformance or noncompetitive pricing is present. 2007 Op. Att'y Gen. No. 2007-6.

Establishment of source and fee.

- Commissioner of Administrative Services and the central nonprofit agency must contract with one another in order to establish the mandatory source and to establish the amount, timing, and method of the statutory fee to be paid to the central nonprofit agency by state agencies within statutory parameters. 2007 Op. Att'y Gen. No. 2007-6.

ARTICLE 4 DISPOSITION OF SURPLUS PROPERTY


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