The Department of Administrative Services shall have the power and authority and it shall be the department's duty, subject to this part:
(Ga. L. 1931, p. 7, § 3; Code 1933, § 40-1902; Ga. L. 1937, p. 503, § 2; Ga. L. 1943, p. 406, § 1; Ga. L. 1960, p. 78, § 1; Ga. L. 1960, p. 1098, § 1; Ga. L. 1962, p. 644, § 1; Ga. L. 1974, p. 504, § 1; Ga. L. 1975, p. 672, § 1; Ga. L. 1976, p. 252, § 12; Ga. L. 1978, p. 1144, § 1; Ga. L. 1978, p. 1701, § 1; Ga. L. 1979, p. 659, § 2; Ga. L. 1994, p. 97, § 50; Ga. L. 1996, p. 885, § 3; Ga. L. 2005, p. 117, § 10/HB 312; Ga. L. 2006, p. 72, § 50/SB 465; Ga. L. 2008, p. 245, § 8/SB 425; Ga. L. 2020, p. 356, § 1/HB 953.)
Cross references.- Authority of State Board of Education regarding purchase of supplies and services by public elementary and secondary schools, § 20-2-500 et seq.
Editor's notes.- Ga. L. 1996, p. 885, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Purchasing Reform Act of 1996.'"
Ga. L. 1996, p. 885, § 2, not codified by the General Assembly, provides: "The General Assembly declares and finds that many of the laws establishing guidelines and requirements for the purchasing of supplies, materials, and equipment by and for state departments and agencies were developed decades earlier and prior to the increase in available sources of supply and the expansion of technology. It is the intent of the General Assembly that these laws be amended to reflect these changes in order to provide greater flexibility for state agencies to make their purchases and to eliminate unnecessary bureaucracy which can result in purchase delays and increased administrative costs."
U.S. Code.- Public Law 152, 81st Congress, referred to in paragraph (7) of this Code section, is codified as 40 U.S.C. § 471 et seq., 40 U.S.C. § 751 et seq., and 41 U.S.C. § 252 et seq.
OPINIONS OF THE ATTORNEY GENERAL
Authority to establish purchase specifications.
- It was evident from former Code 1933, § 40-1902 and Ga. L. 1939, p. 160, § 7 (see O.C.G.A. §§ 50-5-51 and50-5-56) that the department was authorized to establish certain specifications which should apply to purchases which were to be used by the various state departments; however, it was a practical and physical impossibility to set up specifications for every one of the thousands of different articles which were used by the state departments. 1948-49 Op. Att'y Gen. p. 570.
Authority to enforce specifications.- Supervisor of purchases (now commissioner of administrative services) may cancel purchase orders when the material fails to meet specifications. 1945-47 Op. Att'y Gen. p. 318.
Department has the authority to enforce specifications, and this would include the authority to cancel orders when items do not meet specifications. 1948-49 Op. Att'y Gen. p. 570.
Solicitation of bids for certain purchases.- With respect to purchases in excess of $1,000.00, bids must be solicited or advertised for in some manner reasonably calculated to reach all reasonably available sources of supply. 1974 Op. Att'y Gen. No. 74-16.
Competent vendors.- Department is under duty to exclude no competent vendor from department's list, and also to seek out and discover, to the best of the department's ability, all sources of supply, giving all such vendors access to the established list. 1974 Op. Att'y Gen. No. 74-16.
Purchase of antique items.- If the supervisor of purchases (now commissioner) receives a requisition for a particular antique item and, after canvassing all available sources of supply can find only one dealer who can supply the requisitioned antique item, and is convinced that no other suitable substitute item can be used, the supervisor can receive the bid from the single dealer who can supply the antique item in question. 1968 Op. Att'y Gen. No. 68-143.
Georgia Residential Finance Authority may seek, but is not required to seek, assistance and approval of Department of Administrative Services, Division of Property and Space Management, regarding rental agreements for the authority's office space. 1982 Op. Att'y Gen. No. 82-24.
Absent clear authorization, the Department of Administrative Services to deal with the Georgia Residential Finance Authority as a "state agency" the latter does not come within that definition. 1982 Op. Att'y Gen. No. 82-24.
Area planning and development commissions.- Area planning and development commissions (now regional development centers) are authorized to use department to obtain best prices and terms available in marketplace; an alternative is for local political subdivisions to purchase the necessary equipment, material, or supplies through the department and then appropriate or loan the material, equipment, or supplies to the area planning and development commission in their area. 1970 Op. Att'y Gen. No. 70-202.
Commissioner vested with broad discretion.
- O.C.G.A. § 50-5-51 establishes no guideposts or requirements governing the manner of consummating the sales authorized and, consequently, the supervisor of purchases (now commissioner) is vested with broad discretion in this matter. 1960-61 Op. Att'y Gen. p. 380.
Correction of clerical pricing error.- Commissioner may alter purchase order to correct clerical error regarding price. 1962 Op. Att'y Gen. p. 446.
Authority to operate self-service store.- Under the general powers and authority granted to the department, the commissioner may enter into an agreement with the General Services Administration to operate a self-service store which is located conveniently for state agencies and whose expenses are jointly shared. 1971 Op. Att'y Gen. No. 71-181.
Commissioner disposes of property.- Any forest commission property in the nature of supplies, materials, and equipment, in other words, those things that would not be fixtures and thereby part of the realty, is to be disposed of by the supervisor of purchasing (now commissioner). 1960-61 Op. Att'y Gen. p. 381.
Excess capacity or idle computer time.
- Excess capacity or idle computer time available on a second-shift basis was not "unserviceable property" within the contemplation of former Code 1933, § 91-804 (see former O.C.G.A. § 50-16-144), nor was it "surplus, obsolete or unused" equipment which may be disposed of under former Code 1933, § 40-1902 (see O.C.G.A. § 50-5-51). 1963-65 Op. Att'y Gen. p. 419.
Transfer of equipment to county as gift under this section is not permitted. 1967 Op. Att'y Gen. No. 67-57.
State unobligated to pay franchise fee or tax.- While the state might not be required to pay a franchise fee or other tax directly to a city, in those situations when the state is paying money to a company, and that company is in turn remitting the money to the city as a franchise fee, it cannot be said that the state is the entity which is subject to the legal incidence of the tax so that it could successfully assert an exemption from such fees. 1976 Op. Att'y Gen. No. 76-42.
Payment for utilities at established rate.- Obligation of department to pay for utilities at established rate is not affected by the fact that the sums paid may include or reflect taxes paid by the provider of the services to a municipality. 1976 Op. Att'y Gen. No. 76-42.
Relocation of power lines is not contractual service as contemplated by paragraph (3) of this section; this would be a contract for service or construction which should properly be handled by the interested department. 1962 Op. Att'y Gen. p. 469.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, §§ 62 et seq., 249, 252, 273. 64 Am. Jur. 2d, Public Works and Contracts, §§ 8, 13. 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 73, 74, 78.
C.J.S.- 81A C.J.S., States, § 268 et seq.
ALR.
- Act or default of employee covered by fidelity bond or insurance, 43 A.L.R. 977; 46 A.L.R. 976; 62 A.L.R. 412; 77 A.L.R. 861; 98 A.L.R. 1264.
Who is an employee within fidelity bond or insurance, 140 A.L.R. 699.
Right of one covered by a fidelity bond to intervene in action by obligee against obligor, 157 A.L.R. 159.