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