05 LC 21
7977
House
Bill 91
By:
Representative Coleman of the
144th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of
Georgia Annotated, relating to general authority, duties, and procedure of the
Department of Administrative Services, so as to define certain terms; to provide
for a preference in certain state and local government purchasing contracts for
vendors who are residents of Georgia or for products of Georgia; to provide for
application; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia
Annotated, relating to general authority, duties, and procedure of the
Department of Administrative Services, is amended by inserting immediately
following Code Section 50-5-60.5, a new Code section to read as
follows:
"50-5-60.6.
(a)
As used in this Code section, unless the context indicates otherwise, the
term:
(1)
'Made' means to assemble, fabricate, or process component parts into a finished
end-product, the value of which assembly, fabrication, or processing is a
significant portion of the value of the finished end-product.
(2)
'Political subdivision' shall include state and local authorities, local
governments, and county and independent school districts.
(3)
'Resident vendor' means a vendor who:
(A)
Is an individual, partnership, association, or corporation that is authorized to
transact business within this state;
(B)
Maintains an office in this state;
(C)(i)
Maintains an inventory located in Georgia of uniforms of the general type of
uniforms for which the bid is submitted having a total value of $10,000.00 or
more based on the bid price; or
(ii)
Is a manufacturer which is headquartered and has a payroll in Georgia and the
uniform is made or processed from materials into a finished end-product by such
manufacturer or an affiliate, as defined in Section 1563 of the Internal Revenue
Code, of such manufacturer; and
(D)
Has paid all assessed taxes.
(4)
'Uniform' means any garment purchased by the state or a political subdivision of
the state for wear by a class of employees of the state or such political
subdivision.
(5)
'Unreasonable cost' means the cost of a uniform from a resident vendor or a
uniform made in Georgia which exceeds by more than 10 percent the lowest
qualified bid on the same uniform which is made in other states or in a foreign
country or territory.
(b)
In all competitive procurements made by the state or a political subdivision of
the state for the purchase of uniforms, a preference must be provided to
resident vendors, if available, provided that:
(1)
The bidder has certified in writing in the bid that he or she is a resident of
this state; or
(2)
The bidder has certified in writing in the bid that the uniform was made in
Georgia and is available and the cost is not unreasonable.
In
order to receive the award, the vendor must be a responsible and responsive
bidder and the bid must otherwise comply with all applicable laws and
regulations."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.