| 1 | 1 | | 24 LC 47 2715 |
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| 2 | 2 | | House Bill 1044 |
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| 3 | 3 | | By: Representatives Anderson of the 10 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Lumsden of the 12 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Hawkins of the 27 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Yearta |
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| 10 | 10 | | of the 152 |
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| 11 | 11 | | nd |
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| 12 | 12 | | , Leverett of the 123 |
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| 13 | 13 | | rd |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | contracts for public works, so as to increase the dollar value of certain public works contracts2 |
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| 20 | 20 | | exempt from provisions relating to retention of contractual payments; to amend Article 103 |
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| 21 | 21 | | of Chapter 2 of Title 20, relating to contracts and purchases by public schools, so as to4 |
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| 22 | 22 | | increase the dollar value trigger of certain considerations related to in-state purchasing5 |
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| 23 | 23 | | preferences for certain contracts and purchases; to amend Article 11 of Chapter 2 of Title 20,6 |
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| 24 | 24 | | relating to public school property and facilities, so as to increase the dollar value related to7 |
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| 25 | 25 | | when certain school construction contracts must be subject to competitive bidding; to amend8 |
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| 26 | 26 | | Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works9 |
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| 27 | 27 | | bidding, so as to increase the dollar values of certain public works construction contracts10 |
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| 28 | 28 | | exempt from bidding requirements; to amend Part 1 of Article 3 of Chapter 5 of Title 50,11 |
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| 29 | 29 | | relating to general authority, duties, and procedure for state purchasing, so as to increase the12 |
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| 30 | 30 | | dollar value related to when construction or public works contracts must be conducted and13 |
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| 31 | 31 | | negotiated by the Department of Administrative Services; to provide for related matters; to14 |
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| 32 | 32 | | repeal conflicting laws; and for other purposes.15 |
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| 33 | 33 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16 |
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| 34 | 34 | | H. B. 1044 |
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| 35 | 35 | | - 1 - 24 LC 47 2715 |
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| 36 | 36 | | SECTION 1. |
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| 37 | 37 | | 17 |
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| 38 | 38 | | Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for18 |
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| 39 | 39 | | public works, is amended in Code Section 13-10-80, relating to definitions, contract19 |
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| 40 | 40 | | requirements, application, effect of greater benefits contracted for, and evidence of20 |
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| 41 | 41 | | indebtedness paid, by revising subsection (c) as follows:21 |
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| 42 | 42 | | "(c) This Code section shall not apply to:22 |
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| 43 | 43 | | (1) Any contracts let by the Department of Transportation of this state for the23 |
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| 44 | 44 | | construction, improvement, or maintenance of roads or highways in this state or purposes24 |
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| 45 | 45 | | incidental thereto; or25 |
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| 46 | 46 | | (2) Any contracts whose value or duration at the time of the award does not exceed26 |
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| 47 | 47 | | $150,000.00 |
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| 48 | 48 | | $250,000.00 or 45 days in duration."27 |
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| 49 | 49 | | SECTION 2.28 |
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| 50 | 50 | | Article 10 of Chapter 2 of Title 20, relating to contracts and purchases by public schools, is 29 |
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| 51 | 51 | | amended in Code Section 20-2-500, relating to contracts for purchases authorized of certain30 |
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| 52 | 52 | | supplies, materials, equipment, or agricultural products to give preference to in-state31 |
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| 53 | 53 | | manufacturers or producers, purchases over $100,000.00, and vendor preferences, by32 |
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| 54 | 54 | | revising subsection (a) as follows:33 |
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| 55 | 55 | | "(a)(1) Local boards of education shall provide that contracts for or purchases of34 |
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| 56 | 56 | | supplies, materials, equipment, or agricultural products, including but not limited to35 |
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| 57 | 57 | | school buses but not including instructional materials or beverages for immediate36 |
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| 58 | 58 | | consumption, for public elementary and secondary schools supported in whole or in part37 |
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| 59 | 59 | | from public funds shall give preference as far as may be reasonable and practicable to38 |
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| 60 | 60 | | such supplies, materials, equipment, and agricultural products as may be manufactured39 |
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| 61 | 61 | | or produced in this state. Such preference shall not sacrifice quality.40 |
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| 62 | 62 | | (2) Local boards of education shall provide that, in determining whether such a41 |
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| 63 | 63 | | preference is reasonable in any case where the value of a contract for or purchase of such42 |
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| 64 | 64 | | H. B. 1044 |
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| 65 | 65 | | - 2 - 24 LC 47 2715 |
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| 66 | 66 | | supplies, materials, equipment, or agricultural products exceeds $100,000.0043 |
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| 67 | 67 | | $250,000.00, the local school district shall consider, among other factors, information44 |
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| 68 | 68 | | submitted by the bidder which may include the bidder's estimate of the multiplier effect45 |
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| 69 | 69 | | on gross state domestic product and the effect on public revenues of the state and the46 |
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| 70 | 70 | | effect on public revenues of political subdivisions resulting from acceptance of a bid or47 |
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| 71 | 71 | | offer to sell Georgia manufactured or produced goods as opposed to out-of-state48 |
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| 72 | 72 | | manufactured or produced goods. Any such estimates shall be in writing. No local49 |
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| 73 | 73 | | school district shall divide a contract or purchase which exceeds $100,000.0050 |
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| 74 | 74 | | $250,000.00 for the purpose of avoiding the requirements of this paragraph."51 |
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| 75 | 75 | | SECTION 3.52 |
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| 76 | 76 | | Article 11 of Chapter 2 of Title 20, relating to public school property and facilities, is53 |
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| 77 | 77 | | amended in Code Section 20-2-520, relating to acquiring and disposing of school sites,54 |
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| 78 | 78 | | building, repairing, renting, and furnishing schoolhouses, by revising subsection (a) as55 |
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| 79 | 79 | | follows:56 |
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| 80 | 80 | | "(a) The county boards of education shall have the power to purchase, lease, or rent school57 |
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| 81 | 81 | | sites; build, repair, or rent schoolhouses; purchase maps, globes, and school furniture; and58 |
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| 82 | 82 | | make all arrangements necessary to the efficient operation of the schools. Such county59 |
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| 83 | 83 | | boards are invested with the title, care, and custody of all schoolhouses or other property,60 |
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| 84 | 84 | | with the power to control such property in such manner as they think will best serve the61 |
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| 85 | 85 | | interests of the public schools; and when, in the opinion of the county board, any62 |
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| 86 | 86 | | schoolhouse site has become unnecessary or inconvenient, they may sell it in the name of63 |
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| 87 | 87 | | the county board; and the conveyance for any such sale shall be executed by the president64 |
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| 88 | 88 | | or secretary of the county board, according to the order of the county board. Such county65 |
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| 89 | 89 | | boards shall have the power to receive any gift, grant, donation, or devise made for the use66 |
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| 90 | 90 | | of the public schools within the respective counties; and all conveyances of real estate67 |
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| 91 | 91 | | which may be made to such a county board shall vest the property in such county board and68 |
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| 92 | 92 | | H. B. 1044 |
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| 93 | 93 | | - 3 - 24 LC 47 2715 |
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| 94 | 94 | | its successors in office. Such county board may provide for the building of schoolhouses |
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| 95 | 95 | | 69 |
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| 96 | 96 | | by a tax on all property located in the county and outside the territorial limits of any70 |
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| 97 | 97 | | independent school system. The construction of all public school buildings must be71 |
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| 98 | 98 | | approved by the county school superintendent and county board and must be according to72 |
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| 99 | 99 | | the plans furnished by the county school authorities and the State Board of Education. All73 |
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| 100 | 100 | | public school construction contracts in excess of $100,000.00 |
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| 101 | 101 | | $250,000.00 shall be publicly74 |
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| 102 | 102 | | advertised and awarded through an open and competitive process, regardless of the funding75 |
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| 103 | 103 | | source."76 |
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| 104 | 104 | | SECTION 4.77 |
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| 105 | 105 | | Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works78 |
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| 106 | 106 | | bidding, is amended in Code Section 36-91-22, relating to exceptions, use of inmate labor,79 |
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| 107 | 107 | | and emergency situations, by revising subsections (a) and (g) as follows:80 |
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| 108 | 108 | | "(a) The requirements of this chapter shall not apply to public works construction projects,81 |
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| 109 | 109 | | when the same can be performed at a cost of less than $100,000.00 $250,000.00. Public82 |
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| 110 | 110 | | works construction projects shall not be subdivided in an effort to evade the provisions of83 |
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| 111 | 111 | | this chapter."84 |
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| 112 | 112 | | "(g) The requirements of this chapter shall not apply to public works construction projects85 |
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| 113 | 113 | | or any portion of a public works construction project self-performed by a governmental86 |
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| 114 | 114 | | entity. If the governmental entity contracts with a private person or entity for a portion of87 |
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| 115 | 115 | | such project, the provisions of this chapter shall apply to any such contract estimated to88 |
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| 116 | 116 | | exceed $100,000.00 $250,000.00."89 |
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| 117 | 117 | | SECTION 5.90 |
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| 118 | 118 | | Part 1 of Article 3 of Chapter 5 of Title 50, relating to general authority, duties, and91 |
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| 119 | 119 | | procedure for state purchasing, is amended in Code Section 50-5-72, relating to construction92 |
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| 120 | 120 | | H. B. 1044 |
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| 121 | 121 | | - 4 - 24 LC 47 2715 |
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| 122 | 122 | | and public works contracts conducted by department, advertising costs, and exceptions, by |
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| 123 | 123 | | 93 |
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| 124 | 124 | | revising subsection (a) as follows:94 |
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| 125 | 125 | | "(a) Notwithstanding any other provision of this part or any other law dealing with the95 |
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| 126 | 126 | | subject matter contained in this Code section to the contrary, all construction or public96 |
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| 127 | 127 | | works contracts, exceeding a total expenditure of $100,000.00 |
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| 128 | 128 | | $250,000.00, of any97 |
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| 129 | 129 | | department, board, bureau, commission, office, or agency of the state government, except98 |
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| 130 | 130 | | as provided in this Code section, shall be conducted and negotiated by the Department of99 |
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| 131 | 131 | | Administrative Services in accordance with this part; provided, however, that any100 |
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| 132 | 132 | | expenditure of less than $100,000.00 $250,000.00 shall still be subject to review and101 |
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| 133 | 133 | | approval by the Department of Administrative Services, which may approve102 |
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| 134 | 134 | | noncompetitive expenditures of up to $100,000.00 $250,000.00."103 |
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| 135 | 135 | | SECTION 6.104 |
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| 136 | 136 | | All laws and parts of laws in conflict with this Act are repealed.105 |
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| 137 | 137 | | H. B. 1044 |
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| 138 | 138 | | - 5 - |
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