---
title: O.C.G.A. § 50-5-64.1. Prohibited terms in state contracts.
collection: code
id: 50-5-64.1
cite_as: O.C.G.A. § 50-5-64.1 (2025)
canonical_url: https://georgiacommons.org/code/50-5-64.1
md_url: https://georgiacommons.org/code/50-5-64.1.md
text_url: https://georgiacommons.org/code/50-5-64.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t49-t50-ch1-12-(v38)-2023-pdf.pdf?sfvrsn=60c992b5_0#page=550
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: STATE GOVERNMENT / DEPARTMENT OF ADMINISTRATIVE SERVICES / STATE PURCHASING / GENERAL AUTHORITY, DUTIES, AND PROCEDURE
---

# O.C.G.A. § 50-5-64.1. Prohibited terms in state contracts.

(a) A contract entered into pursuant to this part shall not contain a term that:

(1) Requires the state or any agency, authority, board, bureau, commission, department, institution, or any other entity thereof to:

(A) Defend, indemnify, or hold harmless another person; or

(B) Be bound by terms and conditions that are unknown at the time of signing such contract or which may be unilaterally changed by the other party;

(2) Provides for:

(A) A person other than the Attorney General to serve as legal counsel for the state or for any agency, authority, board, bureau, commission, department, institution, or any other entity thereof;

(B) A venue for any action or dispute other than the Superior Court of Fulton County, Georgia, as provided in Code Section 50-21-1;

(C) The contract to be construed in accordance with the laws of a state other than the State of Georgia;

(D) Binding arbitration; or

(E) An automatic renewal such that state funds are or would be obligated in subsequent fiscal years; or

(3) Is inconsistent with the provisions of Article 4 of Chapter 18 of this title, relating to open records.

(b) If a contract entered into pursuant to this part contains a term prohibited under subsection (a) of this Code section, such term shall be void, and the contract shall be otherwise enforceable as if it did not contain such term.

(c) The Department of Administrative Services shall maintain a copy of this Code section on its website.

## History

Code 1981, § 50-5-64.1, enacted by Ga. L. 2020, p. 356, § 2/HB 953.

## Effective Date

This Code section became effective January 1, 2021.