7.5.13 Purchases for Personal or Non-State Use

7.5.12

Purchases for Personal or Non-State Use

Last Update Approved: November 6, 2013

Edited/Revised: July 8, 2015

Revised Effective: August 7, 2015

Policy

It is unlawful for the University to make purchases for the personal use of its employees.

State Regulations

“It shall be unlawful for any employee or official of the State of Georgia to purchase, directly or indirectly, through the Supervisor of Purchases, or through any Agency, Department, Board or Bureau of the State, any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the Supervisor of Purchases or by or through any Agency, Department, Board or Bureau, or the State shall be and remain the property of the State of Georgia until sold or disposed of by the State in accordance with the laws governing the disposition or sale of other State property.” (Code Section 40-1936)

“It shall be unlawful for any person to knowingly sell or deliver any article, material, merchandise, ware, commodity or other thing of value to any person, directly or indirectly, by or through the Supervisor of Purchases or by or through any Department, Agency, Board or Bureau of the State for the individual and personal ownership of such person or other person or persons, except that property of the State may be sold or otherwise disposed of in accordance with the laws governing the sale or disposition of State property.” (Code Section 40‑1937)

“Within the meaning of this Act the word `person’ shall include natural persons, firms, partnerships, corporations or associations.” (Code Section 40‑1938)

Purchases made through State sources cannot be resold to employees or the public. The State has determined that food and drug items can be purchased and be issued to Students through Food Services and Student Health Services because the purchase is based on a fee, not on a direct sales process.

Board of Regents Policy

7.7.2 Employee Purchasing

Absent a specific and approved exemption in state law or as approved by the Chancellor, USG employees shall not purchase goods or services for personal use through channels used in the purchase of goods and services for USG operation (BoR Minutes, 1955-56, pp. 254-55; October 2013).