§ 102-394. Multiyear-term contracts.

The department of purchasing and contract compliance is authorized to procure on behalf of all county agencies multiyear lease, purchase, or lease purchase contracts for the acquisition of goods, materials, services, and supplies.

(1)

Conditions for use. Under this article, unless otherwise provided by law, a contract for supplies or services may be renewed if deemed to be in the best interests of the county, provided the renewal terms are included in the solicitation. The purchasing agent may recommend renewal of a contract, subject to Board of Commission approval, beyond the first term of the contract. Such contract shall be renewed if the renewal is approved by the board of commissioners.

(2)

Determination prior to use. Prior to the utilization of a multiyear-term contract, the purchasing agent shall determine in writing that:

a.

Estimated supply and service requirements are covered by the period of the contract and are reasonably firm and continuing; and

b.

Such contract will serve the best interests of the county by encouraging effective competition or otherwise promoting economy in county procurement.

(3)

Obligation of funds. The contract shall state the total obligation of the county for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed.

(4)

Cancellation due to unavailability of funds in succeeding fiscal periods. All multiyear-term contracts shall contain a clause stating that when funds are not appropriated to support continuation of performance in a subsequent contract period, the contract shall be canceled.

(5)

Renewal of contract. The user department shall:

a.

At minimum of 180 days prior to the expiration of any term of a multi-term contract, the using agency shall notify the department of purchasing and contract compliance as to whether or not a renewal option will be exercised; and

b.

Whether the renewal request requires a change in terms and conditions, vendors, or dollar amount from the original award. The user department shall provide the necessary supporting documentation and justification for such change in terms and conditions, vendors, or dollar amount from the original contract.

c.

Submit to the purchasing agent, in writing, a contractor performance report of the performance of the contract and the agency's recommendations as to the renewal of the contract.

(6)

Presentation of requests. The department of purchasing and contract compliance shall present all renewal requests to the board of commissioners at least 90 days prior to the contract renewal date, 60 days if the contract term is six months or less.

(7)

Pricing analysis. The user department and the department of purchasing and contract compliance shall conduct an analysis of the proposed pricing for the renewal to ensure that prices are still fair and reasonable based on market analysis.

(8)

Authorization. The purchasing agent, after consultation with the head of the using agency and after review of the report, shall recommend renewal of the contract if renewal is in the best interests of the county and all other requirements of this section have been met. Any renewal of a contract shall be expressly authorized by the county board of commissioners.

(9)

Expiration of multiyear-term contracts. The contract shall terminate absolutely and without further obligation on the part of the county at the close of the calendar year in which it was executed and at the close of each succeeding year for which it may be renewed

(10)

Exceptions. The following categories or types of contracts are exceptions:

a.

Intergovernmental agreements (IGAs);

b.

Revenue-generating contracts;

c.

Construction contracts fully funded from capital improvement funds;

d.

Capital funded projects;

e.

Sole source contracts;

f.

Professional services contracts fully funded from capital improvement funds; and

g.

Requests for quotations.

(Res. No. 13-0052, 1-23-13)

State law reference

Multiyear lease, purchase, or lease-purchase contracts, O.C.G.A. § 36-60-13.