State and Local Authorities to Give Preference to Supplies, Materials, and Agricultural Products Produced in Georgia; Determination as to Reasonableness of Preference

  1. Law
  2. Georgia Code
  3. State Government
  4. Department of Administrative Services
  5. State Purchasing
  6. General Authority, Duties, and Procedure
  7. State and Local Authorities to Give Preference to Supplies, Materials, and Agricultural Products Produced in Georgia; Determination as to Reasonableness of Preference

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  1. State and local authorities created by law, in the purchase of and contracting for any supplies, materials, equipment, and agricultural products, excluding beverages for immediate consumption, shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality.
  2. In determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the state or local authority shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. No state or local authority shall divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this subsection.
  3. Nothing in this Code section shall negate the requirements of Code Section 50-5-73.

(Ga. L. 1976, p. 181, § 1; Ga. L. 2009, p. 204, § 4/SB 44.)

Editor's notes.

- Ga. L. 2009, p. 204, § 6/SB 44, not codified by the General Assembly, provides that: "This Act shall not be applied to impair an obligation of any contract entered into prior to the date this Act becomes effective." This Act became effective July 1, 2009.

JUDICIAL DECISIONS

Code Revision Commission is not state authority within meaning of this section. Harrison Co. v. Code Revision Comm'n, 244 Ga. 325, 260 S.E.2d 30 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Works and Contracts, § 20.


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