Title 50, Chapter 5, Section 64
( 50-5-64)
(a) The Department of Administrative Services shall be authorized to
execute on behalf of all state agencies subject to this part
multiyear lease, purchase, or lease purchase contracts of all kinds
for the acquisition of goods, materials, services, and supplies,
provided that any such contract shall be executed only on a standard
form developed by the department for such use; and provided,
further, that the standard form contract shall contain provisions
for the following: (1) The contract shall terminate absolutely and without further
obligation on the part of the user agency or 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 Code section; (2) The contract may be renewed only by a positive action taken by
the user agency or by the department on behalf of the user agency,
and the nature of such action shall be determined by the
department and specified in its standard contract; (3) The contract shall terminate immediately and absolutely at
such time as appropriated and otherwise unobligated funds are no
longer available to satisfy the obligations of the user agency
under the contract. The determination of the occurrence of such
unavailability of funds shall be made by the user agency in its
sole discretion and shall be conclusive; (4) The contract shall state the total obligation of the user
agency for the fiscal year of execution and shall further state
the total obligation which will be incurred in each fiscal year
renewal term, if renewed; and (5) The contract shall provide that title to any supplies,
materials, or equipment shall remain in the vendor until fully
paid for by the user agency. (b) Any standard contract developed hereunder containing the
provisions enumerated in subsection (a) of this Code section shall
be deemed to obligate the user agency only for those sums payable
during the fiscal year of execution or, in the event of a renewal by
the user agency, for those sums payable in the individual fiscal
year renewal term. (c) No contract developed and executed pursuant to this Code section
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 a
renewal, beyond the fiscal year of such renewal. (d) Any such contract may provide for the payment by the user agency
of interest or the allocation of a portion of the contract payment
to interest, provided that the contract is in compliance with this
Code section. |