Multiyear revenue contracts in the state of ga
Multi-year agreement refers to any contract which exceeds twelve months and/or will cover more than one fiscal year. To avoid pledging the state’s credit, the state entity almost always must divide the multi-year agreement into two or more contract terms. The most common multi-year structure is to define an initial term of twelve months or less followed by up to four one-year renewal terms which may be exercised by the state entity. No contract may exceed five years without prior written approval from SPD State Purchasing Division .
When determining beginning and ending dates of the initial contract term, the state entity must consider both its needs and its budget. To ensure the contract dates comply with state policy prohibiting the pledging of the state’s credit, the state entity must set aside sufficient funds to meet the entire financial obligation of the initial term of the contract when the contract is signed. Thereafter, the state entity must ensure sufficient funds are available prior to exercising any renewal option. It may be necessary to structure the end of the initial term to coincide with the end of the state’s fiscal year so that renewal terms will align with the state’s fiscal year for budgetary reasons. Open contracts (or contracts that do not commit the state entity to spending any money) are an exception to this requirement.
State entities are authorized to enter into multi-year lease, purchase, or lease purchase contracts for the acquisition of goods, materials, equipment, services, and supplies. However, the multi-year agreements must be structured as follows:
- A contract for supplies services or equipment may be entered into for any period of time deemed to be in the best interest of the state, provided the term of the contract and conditions of renewals or extension, if any, are included in the solicitation and funds are available for the first fiscal year at the time of contracting. Payment and performance obligations for succeeding fiscal years shall be subject to the availability and appropriation of funds.
- The contract may be renewed only by a positive action taken by the state entity and the nature of such action shall be specified in the contract (i.e., no automatic renewals).
- No contract developed and executed shall 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.
- The contract shall state the total obligation of the user state entity 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.
- The contract shall terminate immediately at such time as appropriated and otherwise un-obligated funds are no longer available to satisfy the obligations of the state entity under the contract. The determination of the occurrence of such unavailability of funds shall be made by the state entity in its sole discretion and shall be conclusive.
- For lease financing agreements, the contract may provide for the payment by the state entity of interest or the allocation of a portion of the contract payment to interest.