25 LC 47 3258
House Bill 152
By: Representatives Reeves of the 99
th
, Anderson of the 10
th
, Thomas of the 21
st
, Okoye of
the 102
nd
, Williams of the 168
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state,
1
county, and municipal road systems, so as to revise contracting procedures related to the2
acquisition of certain professional services by counties and municipalities; to amend3
Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works4
bidding, so as to revise contracting procedures related to the acquisition of certain5
professional services by counties and municipalities; to provide definitions; to amend6
Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial7
control over acquisition of professional services, so as to expand such provisions to local8
governments; to provide for and revise definitions; to provide for related matters; to provide9
an effective date; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and13
municipal road systems, is amended by revising Code Section 32-4-63, relating to limitations14
on county power to contract and at least two estimates required for certain expenditures, as15
follows:16
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"32-4-63.
17
(a) A county is prohibited from negotiating a contract except a contract:18
(1) Involving the expenditure of less than $200,000.00;19
(2) With a state agency or county or municipality with which a county is authorized to20
contract in accordance with the provisions of Code Sections 32-4-61 and 32-4-62;21
(3) For the purchase of those materials, supplies, and equipment necessary for the22
county's construction and maintenance of its public roads and for the support and23
maintenance of the county's forces used in such work, as authorized by Chapter 91 of24
Title 36;25
(4) Subject to Article 6 of Chapter 6 of this title, with a railroad or railway company or26
a publicly or privately owned utility concerning relocation of its line, tracks, or facilities27
where the same are not then located in a public road and such relocation or28
grade-crossing elimination is necessary as an incident to the construction of a new public29
road or to the reconstruction or maintenance of an existing public road. Nothing30
contained in this paragraph shall be construed as requiring a county to furnish a site or31
right of way for railroad or railway lines or tracks of public utility facilities required to32
be removed from a public road;33
(5) For engineering or other kinds of professional or specialized services;34
(6) For emergency maintenance requiring immediate repairs to a public road, including35
but not limited to bridge repairs, snow and ice removal, and repairs due to flood36
conditions;37
(7) Otherwise expressly authorized by law; or38
(8) That is a design-build contract as provided for in Code Section 32-4-74.39
(b) Except as provided for in subsection (c) of this Code section, no
No contract involving40
an expenditure of more than $20,000.00 but less than $200,000.00 shall be awarded under41
this Code section without the submission of at least two estimates.42
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(c) A county shall use the process required by Code Section 36-91-3 for the acquisition of43
the professional services of architects, interior designers, land surveyors, landscape44
architects, and professional engineers, and the contracts for such services shall not be45
subject to subsection (b) of this Code section."46
SECTION 2.47
Said chapter is further amended by revising Code Section 32-4-113, relating to limitations48
on municipal power to contract and at least two estimates required for certain expenditures,49
as follows:50
"32-4-113.51
(a) A municipality is prohibited from negotiating a contract except a contract:52
(1) Involving the expenditure of less than $200,000.00;53
(2) With a state agency or political subdivision as authorized by Code Sections 32-4-11154
and 32-4-112;55
(3) With a railroad or railway company or a publicly or privately owned utility as56
authorized by Article 6 of Chapter 6 of this title;57
(4) For engineering or other kinds of professional or specialized services;58
(5) For emergency maintenance requiring immediate repairs to a public road, including59
but not limited to bridge repairs, snow and ice removal, and repairs due to flood60
conditions; or61
(6) Otherwise expressly authorized by law.62
(b) Except as provided for in subsection (c) of this Code section, no No contract involving63
an expenditure of more than $20,000.00 but less than $200,000.00 shall be awarded under64
this Code section without the submission of at least two estimates.65
(c) A municipality shall use the process required by Code Section 36-91-3 for the66
acquisition of the professional services of architects, interior designers, land surveyors,67
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landscape architects, and professional engineers, and the contracts for such services shall68
not be subject to subsection (b) of this Code section."69
SECTION 3.70
Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works71
bidding, is amended by adding a new Code section to read as follows:72
"36-91-3.73
(a) As used in this Code section, the term: 74
(1) 'Local government' means a county, municipality, or consolidated government.75
(2) 'Professional services' shall have the same meaning as set forth in Code76
Section 50-22-2.77
(b) The purpose of this Code section is to provide the competitive process for local78
governments to acquire professional services on the basis of demonstrated competence and79
qualification for the type or types of professional services required at fair and reasonable80
fees.81
(c) Except as otherwise provided in this Code section, a local government shall use the82
process provided for in Chapter 22 of Title 50 for the acquisition of professional services83
for any project requiring professional services estimated by the local government to have84
a cost in excess of the amounts provided in paragraph (5) of Code Section 50-22-2.85
(d) The qualifications which may be considered by a local government in the evaluation86
of proposals for professional services shall be determined in the sole and absolute87
discretion of that local government based on the specific project for which professional88
services are required and shall be set forth in the publicly advertised request for proposals. 89
Qualification criteria may include, but are not limited to, the ability of professional90
personnel, past performance with the local government, willingness to meet time91
requirements, project location, office location, the professional's current and projected92
workloads, the professional's approach to the project, quality control procedures, the93
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volume of work previously awarded to the professional, and familiarity with local94
considerations or procedures.95
(e) In the event that a local government receives only one response to a request for96
proposals for professional services, the local government may commence negotiations with97
the sole responsive offeror upon closure of the advertised response period.98
(f) No local government shall require cost estimates for professional services as part of,99
or concurrent with, the submission of information required by Code Section 50-22-4 or100
prior to the commencement of negotiations pursuant to Code Section 50-22-6.101
(g) A local government may enter into multiparty on-demand services contracts for a102
specifically delineated range of professional services with multiple providers so long as103
such providers are competitively selected for such contracts based solely on qualifications104
under the provisions of this Code section.105
(h) A local government having a satisfactory existing working relationship, as determined106
at the sole discretion of such local government, with a professional services provider may107
expand the scope of those services with such provider so long as such expanded services108
are within the technical competency of the existing provider. Nothing in this Code section109
shall be construed to prohibit a continuing contract between a local government and a110
professional services provider."111
SECTION 4.112
Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial113
control over acquisition of professional services, is amended by revising Code Section114
50-22-1, relating to purpose and policy, as follows:115
"50-22-1.116
The purpose of this chapter is to provide managerial control by the state and local117
governments over the acquisition of the professional services provided by architects,118
professional engineers, landscape architects, land surveyors, and interior designers. It is119
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declared to be the policy of this state to announce publicly requirements for such
120
professional services, to encourage all qualified persons to put themselves in a position to121
be considered for a contract, and to enter into contracts for such professional services on122
the basis of demonstrated competence and qualification for the types of professional123
services required at fair and reasonable fees."124
SECTION 5.125
Said chapter is further amended by revising Code Section 50-22-2, relating to definitions, as126
follows:127
"50-22-2.128
As used in this chapter, the term:129
(1) 'Agency' means every state department, agency, board, bureau, commission, and
130
authority, unless otherwise exempted under the provisions of subsection (b) of Code131
Section 50-22-7 a state agency or a local government.132
(1.1) 'Local government' means a county, municipality, or consolidated government.133
(2) 'Person' means an individual, a corporation, a partnership, a business trust, an134
association, a firm, or any other legal entity.135
(2.1) 'Predesign' means that phase of an activity where requirements programming, site136
analysis, and other appropriate studies are conducted to develop essential information,137
including cost estimates, to support and advance the decision-making process prior to the138
design and implementation phases of an activity.139
(3) 'Principal representative' means:140
(A) The the governing board of a state agency or the executive head of a state agency;141
or142
(B) The governing authority or designated officer, official, or employee of a local143
government144
who is authorized to contract for the agency for professional services.145
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(4) 'Professional services' means those services within the scope of the following:
146
(A) The practice of architecture, as defined in paragraph (11) of Code Section 43-4-1;147
(B) The practice of registered interior design, as defined in Code Section 43-4-30;148
(C) The practice of professional engineering, as defined in paragraph (11) of Code149
Section 43-15-2;150
(D) The practice of land surveying, as defined in paragraph (6) of Code151
Section 43-15-2; or152
(E) The practice of landscape architecture, as defined in paragraph (3) of Code153
Section 43-23-1.154
(5) 'Project' means any activity requiring professional services estimated by the state
155
agency to have:156
(A) A preliminary construction cost estimate in excess of $1 million; or157
(B) Costs for professional services in excess of $75,000.00.158
(6) 'State agency' means every state department, agency, board, bureau, commission, and159
authority, unless otherwise exempted under the provisions of subsection (b) of Code160
Section 50-22-7."161
SECTION 6.162
Said chapter is further amended by revising Code Section 50-22-4, relating to submission of163
information to state agency by persons desiring to provide professional services and164
preliminary selections, as follows:165
"50-22-4.166
(a) Any person desiring to provide professional services to a state an agency shall submit167
to the agency a statement of qualifications and performance data and such other168
information as may be required by the agency. The agency may request such person to169
update such statement periodically in order to reflect changed conditions in the status of170
such person.171
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(b) For each proposed project for which professional services are required, the principal
172
representative or his or her designee of the state
agency for which the project is to be done173
shall evaluate statements of qualifications and performance data as required in the public174
notice provided for in Code Section 50-22-3 and shall conduct discussions with not less175
than three persons regarding their qualifications, approaches to the project, abilities to176
furnish the required professional services, anticipated design concepts, and use of177
alternative methods of approach for furnishing the required professional services. The178
principal representative or his or her designee shall then select not less than three nor more179
than five persons deemed to be most highly qualified to perform the required professional180
services after considering, and based upon, such factors as the ability of professional181
personnel, past performance, willingness to meet time requirements, project location, office182
location, the professional's current and projected workloads, the professional's approach,183
quality control procedures, the volume of work previously awarded to the person by the184
state agency, and the extent to which said persons have and will involve minority185
subcontractors, with the object of effecting an equitable distribution of contracts among186
qualified persons as so long as such distribution does not violate the principle of selection187
of the most highly qualified person. In selection, as mentioned in this Code section,188
persons who maintain an office in Georgia shall be given preference when qualifications189
appear to be equal."190
SECTION 7.191
Said chapter is further amended by revising Code Section 50-22-7, relating to exemptions192
from requirements and construction with Code Section 50-6-25, as follows:193
"50-22-7.194
(a) Notwithstanding any other provisions of this chapter, there shall be no public notice195
requirement or utilization of the selection process as provided for in this chapter for196
projects in which the state agency is able to reuse existing drawings, specifications,197
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designs, or other documents from a prior project by retention of the person who provided
198
the professional services and who prepared the original documents.199
(b) Notwithstanding any other provisions of this chapter, the Board of Regents and200
University System of Georgia shall be exempt from the provisions of this chapter.201
(c) The provisions of Code Section 50-6-25, relating to the eligibility of architectural and202
engineering firms to do business with the state, shall not be affected or superseded by the203
provisions of this chapter.204
(d) Notwithstanding any other provisions of this chapter, there shall be no public notice205
requirement or utilization of the selection process as provided for in this chapter for206
services required for the predesign phase of any state
agency construction project unless207
the state agency estimates the predesign phase alone to have costs for professional services208
in excess of $75,000.00. No award of a contract to provide predesign services under this209
exemption shall be interpreted to preclude the lawful necessity to give public notice and210
use the selection process for design of projects meeting the criteria of paragraph (5) of211
Code Section 50-22-2. Costs for predesign services, whether or not those services are212
exempt under this subsection, shall be added to any other costs of an activity for purposes213
of determining whether the activity is a project."214
SECTION 8.215
Said chapter is further amended by revising Code Section 50-22-8, relating to rules and216
regulations, as follows:217
"50-22-8.218
A state agency shall be authorized to promulgate rules and regulations to carry out the219
provisions of this chapter. A local government shall be authorized to adopt ordinances,220
resolutions, or regulations to carry out the provisions of this chapter."221
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SECTION 9.
222
This Act shall become effective on July 1, 2026.223
SECTION 10.224
All laws and parts of laws in conflict with this Act are repealed.225
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