10 LC 38
1142
House
Bill 1487
By:
Representatives Bruce of the
64th,
Dobbs of the
53rd,
Jones of the
44th,
Kaiser of the
59th,
Taylor of the
55th,
and others
A
BILL TO BE ENTITLED
AN ACT
To
amend an Act creating and establishing a purchasing department in certain
counties of this state, approved March 27, 1941 (Ga. L. 1941, p. 408), as
amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147),
an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), an Act approved April 13,
1993 (Ga. L. 1993, p. 288), and an Act approved April 2, 1998 (Ga. L. 1998, p.
583), so as to change counties to which such Act is applicable; to change the
provisions relative to public letting and bids; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating and establishing a purchasing department in certain counties of
this state, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended,
particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), an Act
approved March 25, 1980 (Ga. L. 1980, p. 3858), an Act approved April 13, 1993
(Ga. L. 1993, p. 288), and an Act approved April 2, 1998 (Ga. L. 1998, p. 583)
is amended by revising Section 1 as follows:
"SECTION
1.
There
is hereby created in each county in this State having a population of eight
hundred fifty thousand or more according to the United States Census of 2000, or
any future United States census, a County Purchasing Department, which shall be
set up, established and maintained under the jurisdiction of the Board of
Commissioners of Roads and Revenues, or other county
authority."
SECTION
2.
Said
Act is further amended by revising Section 9 as follows:
"SECTION
9.
(a)
If the county requires work, labor, supplies, materials, and equipment that
requires an expenditure of more than $50,000.00, such work, labor, supplies,
materials, or equipment shall be procured only by contract on public letting
founded on sealed bids under such regulations as shall be made by the board of
commissioners or other county authority. The terms of such contracts, subject
to such regulations and in conformity with law, shall be settled by the county
attorney as an act of preliminary specification to a proposal for bids. (b) The
agency letting the contract and the board of commissioners may reject all bids
that the board determines not to be in the best interest of the county. The
agency shall whenever possible award a contract procured pursuant to this
Section to the lowest responsible bidder. If the agency awards a contract to a
bidder that was not the lowest submitted bid, such agency shall document the
reasons for such award.
(c)
Bids submitted to a county or county agency pursuant to this Section shall not
be accepted after the time limit stated in the proposal for bids and shall not
be opened except in the presence of both the county purchasing agent or such
agent's designee and the head of the agency requesting the items. The bids
shall be decided by the agency letting the contract."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.