10 LC
14 0230
House
Bill 1135
By:
Representative Roberts of the
154th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating
to contracting powers of the Department of Transportation, so as to authorize
the department to enter into multiyear contracts subject to certain terms and
conditions; to provide that any such contract shall terminate at the close of
each fiscal year and may be renewed only by positive action of the department;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 32-2-61 of the Official Code of Georgia Annotated, relating to
contracting powers of the Department of Transportation, is amended by adding a
new subsection to read as follows:
"(f)
The department shall be authorized to enter into multiyear lease, purchase, and
lease-purchase contracts of all kinds for the acquisition of goods, materials,
real and personal property, services, and supplies; provided, however, that a
condition precedent to the award of the contract is a competitive solicitation
as may be required under applicable purchasing laws. Any such multiyear contract
shall comply with the following conditions:
(1)
The multiyear contract shall contain provisions under which:
(A)
The contract shall terminate absolutely and without further obligation on the
part of the department at the close of the fiscal year in which it was executed
and at the close of each succeeding fiscal year for which it may be renewed as
provided in this subsection;
(B)
The contract may be renewed only by a positive action taken by the department;
and
(C)
The contract shall state the total obligation of the department for payment for
the fiscal year of execution and shall state the total obligation for payment
which will be incurred in each fiscal year renewal term, if the contract is
renewed;
(2)
In addition to the provisions enumerated in paragraph (1) of this subsection,
any multiyear contract authorized by this subsection shall be deemed to obligate
the department only for those sums payable during the fiscal year of execution
or, in the event of renewal by the department, for those sums payable in the
fiscal year renewal term;
(3)
No multiyear contract developed and executed pursuant to this subsection shall
be deemed to create a debt of the state for the payment of any sum beyond the
fiscal year of execution or, in the event of renewal, beyond the fiscal year of
each such renewal; and
(4)
A multiyear contract may contain any other provisions reasonably necessary to
protect the interests of the
department."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.