Georgia

Key Agency(ies): State-level procurements in Georgia are overseen by the Department of Administrative Services (DOAS) State Purchasing Division (SPD). The SPD is responsible for setting statewide procurement policies and providing sourcing tools. Each agency typically has its own purchasing officers responsible for conducting procurements.

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Key Statute: Georgia’s procurement laws are codified in Title 50, Chapter 5 of the Official Code of Georgia Annotated (Ga. Code Ann.).

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Key Regulations: The primary source for Georgia’s procurement regulations are found in the Georgia Procurement Manual (GPM) published by the SPD. The Georgia Procurement Manual sets statewide procurement policies and procedures.

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Procurement Types/Highlights: The most common methods of procurement in Georgia are:

Small Purchase Procedures: Georgia provides for simplified acquisition procedures for purchases below $25,000. Small purchases must be made responsibly and must be reported monthly, however agencies need only obtain informal price quotes and are not required to use formal bidding.

Competitive Sealed Bidding: Georgia law provides that contracts exceeding $100,000 are generally required to be awarded through a form of competitive bidding. When price is the dominant factor, Georgia uses competitive sealed bidding.  Award is made to the lowest- priced responsive, responsible bidder. Solicitations are posted to the Georgia Procurement Registry to publicize bid opportunities.

Competitive Sealed Proposals: Georgia will use a request for proposals when factors beyond price must be considered. RFPs allow for price negotiation and an evaluation based on criteria specified in the solicitation. The contract will be awarded to the proposal determined to be most advantageous to the state after consideration of all evaluation factors. Bid Protests: Georgia’s bid protest procedures are governed by the GPM. For procurements conducted under DOAS authority, bid protests are administered centrally by the SPD. Protests must be filed initially to the procurement officer named in the solicitation.

Bid Protests: Georgia’s bid protest procedures are governed by the GPM. For procurements conducted under DOAS authority, bid protests are administered centrally by the SPD. Protests must be filed initially to the procurement officer named in the solicitation.

Timeliness Rules:

• To be considered timely, protests of award decisions in most situations must be made within five business days after the protesting party knew or should have known the basis of protest for contracts below $250,000 and within 10 calendar days for contracts exceeding $250,000.
• Protests challenging terms of a solicitation must be made before final offers are due, at least one business day prior to the closing date for contracts under $250,000 and at least two business days prior to the closing date if $250,000 and above.

Protest Process:

• If a protest challenging solicitation terms is timely filed, the solicitation will not close until the protest is resolved. For protests filed after an agency has provided a Notice of Intent to Award (NOIA), the state will generally stay the contract award until the protest is resolved.
• The Deputy Commissioner of the SPD or an assigned protest coordinator will review the protest. The GPM does not provide for an in-person hearing for an initial protest. The responsible officer will issue a written protest decision as expeditiously as possible. The decision will either deny or sustain the protest.

Appeals:

• For procurements of $100,000 or more, the protester may request a formal administrative review by the DOAS Commissioner if they receive an adverse protest decision. The request for Commissioner review must be filed within three business days of the protest decision.
• For procurements below $100,000, unsuccessful offerors are not automatically entitled to an administrative appeal.
• The DOAS Commissioner’s decision on the protest is the final administrative action available.

Claims:

• Georgia law does not provide for a statewide administrative claims process.
• Although Georgia’s Constitution establishes sovereign immunity for the state, this immunity is waived by statute for breach of contract claims.
• Georgia law also provides that venue is proper in the Superior Court of Fulton County for all breach of contract claims against the state.
• However, Chapter 7 of the GPM encourages disputes to be handled at the agency level, including through negotiations and mediation.

Suspension & Debarment:

• The DOAS State Purchasing Division has authority to suspend or debar contractors from state contracting. GPM Section 7.7.4 sets out the suspension and debarment procedures. Grounds for debarment are typically related to vendor misconduct and/or performance failures.
• Prior to a debarment, the SPD must provide a written notice to the contractor of the intent to debar or suspend, and the contractor may request a hearing. DOAS will issue a written decision following the hearing.
• Suspensions in Georgia may not exceed 120 days, and debarments may be no less than six months but no more than five years.

Interesting/Distinctions: Many Georgia municipalities and state agencies implement a “cone of silence” akin to New York’s restricted period, during which vendors may only communicate with an agency-designated contracting officer as the sole point of contact with respect to the procurement.

Contractors in Georgia must also be careful to avoid even the appearance of collusion, as it is a felony to enter into a contract, combination, or conspiracy in restraint of trade or in restraint of free and open competition in any transaction with the state. Contractors must be especially vigilant when considering any ventures with those that may have been competitors for the same requirements to avoid allegations of antitrust violations.