| 1 | 1 | | 25 LC 47 3258 |
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| 2 | 2 | | House Bill 152 |
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| 3 | 3 | | By: Representatives Reeves of the 99 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Anderson of the 10 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Thomas of the 21 |
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| 8 | 8 | | st |
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| 9 | 9 | | , Okoye of |
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| 10 | 10 | | the 102 |
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| 11 | 11 | | nd |
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| 12 | 12 | | , Williams of the 168 |
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| 13 | 13 | | th |
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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 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, |
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| 18 | 18 | | 1 |
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| 19 | 19 | | county, and municipal road systems, so as to revise contracting procedures related to the2 |
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| 20 | 20 | | acquisition of certain professional services by counties and municipalities; to amend3 |
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| 21 | 21 | | Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works4 |
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| 22 | 22 | | bidding, so as to revise contracting procedures related to the acquisition of certain5 |
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| 23 | 23 | | professional services by counties and municipalities; to provide definitions; to amend6 |
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| 24 | 24 | | Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial7 |
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| 25 | 25 | | control over acquisition of professional services, so as to expand such provisions to local8 |
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| 26 | 26 | | governments; to provide for and revise definitions; to provide for related matters; to provide9 |
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| 27 | 27 | | an effective date; to repeal conflicting laws; and for other purposes.10 |
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| 28 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 29 | 29 | | SECTION 1.12 |
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| 30 | 30 | | Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and13 |
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| 31 | 31 | | municipal road systems, is amended by revising Code Section 32-4-63, relating to limitations14 |
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| 32 | 32 | | on county power to contract and at least two estimates required for certain expenditures, as15 |
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| 33 | 33 | | follows:16 |
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| 34 | 34 | | H. B. 152 |
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| 35 | 35 | | - 1 - 25 LC 47 3258 |
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| 36 | 36 | | "32-4-63. |
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| 37 | 37 | | 17 |
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| 38 | 38 | | (a) A county is prohibited from negotiating a contract except a contract:18 |
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| 39 | 39 | | (1) Involving the expenditure of less than $200,000.00;19 |
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| 40 | 40 | | (2) With a state agency or county or municipality with which a county is authorized to20 |
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| 41 | 41 | | contract in accordance with the provisions of Code Sections 32-4-61 and 32-4-62;21 |
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| 42 | 42 | | (3) For the purchase of those materials, supplies, and equipment necessary for the22 |
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| 43 | 43 | | county's construction and maintenance of its public roads and for the support and23 |
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| 44 | 44 | | maintenance of the county's forces used in such work, as authorized by Chapter 91 of24 |
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| 45 | 45 | | Title 36;25 |
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| 46 | 46 | | (4) Subject to Article 6 of Chapter 6 of this title, with a railroad or railway company or26 |
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| 47 | 47 | | a publicly or privately owned utility concerning relocation of its line, tracks, or facilities27 |
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| 48 | 48 | | where the same are not then located in a public road and such relocation or28 |
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| 49 | 49 | | grade-crossing elimination is necessary as an incident to the construction of a new public29 |
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| 50 | 50 | | road or to the reconstruction or maintenance of an existing public road. Nothing30 |
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| 51 | 51 | | contained in this paragraph shall be construed as requiring a county to furnish a site or31 |
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| 52 | 52 | | right of way for railroad or railway lines or tracks of public utility facilities required to32 |
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| 53 | 53 | | be removed from a public road;33 |
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| 54 | 54 | | (5) For engineering or other kinds of professional or specialized services;34 |
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| 55 | 55 | | (6) For emergency maintenance requiring immediate repairs to a public road, including35 |
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| 56 | 56 | | but not limited to bridge repairs, snow and ice removal, and repairs due to flood36 |
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| 57 | 57 | | conditions;37 |
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| 58 | 58 | | (7) Otherwise expressly authorized by law; or38 |
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| 59 | 59 | | (8) That is a design-build contract as provided for in Code Section 32-4-74.39 |
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| 60 | 60 | | (b) Except as provided for in subsection (c) of this Code section, no |
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| 61 | 61 | | No contract involving40 |
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| 62 | 62 | | an expenditure of more than $20,000.00 but less than $200,000.00 shall be awarded under41 |
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| 63 | 63 | | this Code section without the submission of at least two estimates.42 |
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| 64 | 64 | | H. B. 152 |
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| 65 | 65 | | - 2 - 25 LC 47 3258 |
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| 66 | 66 | | (c) A county shall use the process required by Code Section 36-91-3 for the acquisition of43 |
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| 67 | 67 | | the professional services of architects, interior designers, land surveyors, landscape44 |
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| 68 | 68 | | architects, and professional engineers, and the contracts for such services shall not be45 |
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| 69 | 69 | | subject to subsection (b) of this Code section."46 |
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| 70 | 70 | | SECTION 2.47 |
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| 71 | 71 | | Said chapter is further amended by revising Code Section 32-4-113, relating to limitations48 |
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| 72 | 72 | | on municipal power to contract and at least two estimates required for certain expenditures,49 |
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| 73 | 73 | | as follows:50 |
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| 74 | 74 | | "32-4-113.51 |
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| 75 | 75 | | (a) A municipality is prohibited from negotiating a contract except a contract:52 |
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| 76 | 76 | | (1) Involving the expenditure of less than $200,000.00;53 |
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| 77 | 77 | | (2) With a state agency or political subdivision as authorized by Code Sections 32-4-11154 |
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| 78 | 78 | | and 32-4-112;55 |
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| 79 | 79 | | (3) With a railroad or railway company or a publicly or privately owned utility as56 |
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| 80 | 80 | | authorized by Article 6 of Chapter 6 of this title;57 |
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| 81 | 81 | | (4) For engineering or other kinds of professional or specialized services;58 |
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| 82 | 82 | | (5) For emergency maintenance requiring immediate repairs to a public road, including59 |
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| 83 | 83 | | but not limited to bridge repairs, snow and ice removal, and repairs due to flood60 |
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| 84 | 84 | | conditions; or61 |
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| 85 | 85 | | (6) Otherwise expressly authorized by law.62 |
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| 86 | 86 | | (b) Except as provided for in subsection (c) of this Code section, no No contract involving63 |
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| 87 | 87 | | an expenditure of more than $20,000.00 but less than $200,000.00 shall be awarded under64 |
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| 88 | 88 | | this Code section without the submission of at least two estimates.65 |
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| 89 | 89 | | (c) A municipality shall use the process required by Code Section 36-91-3 for the66 |
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| 90 | 90 | | acquisition of the professional services of architects, interior designers, land surveyors,67 |
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| 91 | 91 | | H. B. 152 |
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| 92 | 92 | | - 3 - 25 LC 47 3258 |
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| 93 | 93 | | landscape architects, and professional engineers, and the contracts for such services shall68 |
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| 94 | 94 | | not be subject to subsection (b) of this Code section."69 |
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| 95 | 95 | | SECTION 3.70 |
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| 96 | 96 | | Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works71 |
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| 97 | 97 | | bidding, is amended by adding a new Code section to read as follows:72 |
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| 98 | 98 | | "36-91-3.73 |
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| 99 | 99 | | (a) As used in this Code section, the term: 74 |
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| 100 | 100 | | (1) 'Local government' means a county, municipality, or consolidated government.75 |
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| 101 | 101 | | (2) 'Professional services' shall have the same meaning as set forth in Code76 |
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| 102 | 102 | | Section 50-22-2.77 |
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| 103 | 103 | | (b) The purpose of this Code section is to provide the competitive process for local78 |
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| 104 | 104 | | governments to acquire professional services on the basis of demonstrated competence and79 |
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| 105 | 105 | | qualification for the type or types of professional services required at fair and reasonable80 |
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| 106 | 106 | | fees.81 |
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| 107 | 107 | | (c) Except as otherwise provided in this Code section, a local government shall use the82 |
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| 108 | 108 | | process provided for in Chapter 22 of Title 50 for the acquisition of professional services83 |
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| 109 | 109 | | for any project requiring professional services estimated by the local government to have84 |
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| 110 | 110 | | a cost in excess of the amounts provided in paragraph (5) of Code Section 50-22-2.85 |
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| 111 | 111 | | (d) The qualifications which may be considered by a local government in the evaluation86 |
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| 112 | 112 | | of proposals for professional services shall be determined in the sole and absolute87 |
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| 113 | 113 | | discretion of that local government based on the specific project for which professional88 |
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| 114 | 114 | | services are required and shall be set forth in the publicly advertised request for proposals. 89 |
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| 115 | 115 | | Qualification criteria may include, but are not limited to, the ability of professional90 |
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| 116 | 116 | | personnel, past performance with the local government, willingness to meet time91 |
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| 117 | 117 | | requirements, project location, office location, the professional's current and projected92 |
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| 118 | 118 | | workloads, the professional's approach to the project, quality control procedures, the93 |
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| 119 | 119 | | H. B. 152 |
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| 120 | 120 | | - 4 - 25 LC 47 3258 |
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| 121 | 121 | | volume of work previously awarded to the professional, and familiarity with local94 |
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| 122 | 122 | | considerations or procedures.95 |
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| 123 | 123 | | (e) In the event that a local government receives only one response to a request for96 |
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| 124 | 124 | | proposals for professional services, the local government may commence negotiations with97 |
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| 125 | 125 | | the sole responsive offeror upon closure of the advertised response period.98 |
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| 126 | 126 | | (f) No local government shall require cost estimates for professional services as part of,99 |
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| 127 | 127 | | or concurrent with, the submission of information required by Code Section 50-22-4 or100 |
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| 128 | 128 | | prior to the commencement of negotiations pursuant to Code Section 50-22-6.101 |
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| 129 | 129 | | (g) A local government may enter into multiparty on-demand services contracts for a102 |
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| 130 | 130 | | specifically delineated range of professional services with multiple providers so long as103 |
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| 131 | 131 | | such providers are competitively selected for such contracts based solely on qualifications104 |
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| 132 | 132 | | under the provisions of this Code section.105 |
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| 133 | 133 | | (h) A local government having a satisfactory existing working relationship, as determined106 |
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| 134 | 134 | | at the sole discretion of such local government, with a professional services provider may107 |
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| 135 | 135 | | expand the scope of those services with such provider so long as such expanded services108 |
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| 136 | 136 | | are within the technical competency of the existing provider. Nothing in this Code section109 |
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| 137 | 137 | | shall be construed to prohibit a continuing contract between a local government and a110 |
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| 138 | 138 | | professional services provider."111 |
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| 139 | 139 | | SECTION 4.112 |
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| 140 | 140 | | Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial113 |
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| 141 | 141 | | control over acquisition of professional services, is amended by revising Code Section114 |
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| 142 | 142 | | 50-22-1, relating to purpose and policy, as follows:115 |
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| 143 | 143 | | "50-22-1.116 |
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| 144 | 144 | | The purpose of this chapter is to provide managerial control by the state and local117 |
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| 145 | 145 | | governments over the acquisition of the professional services provided by architects,118 |
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| 146 | 146 | | professional engineers, landscape architects, land surveyors, and interior designers. It is119 |
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| 147 | 147 | | H. B. 152 |
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| 148 | 148 | | - 5 - 25 LC 47 3258 |
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| 149 | 149 | | declared to be the policy of this state to announce publicly requirements for such |
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| 150 | 150 | | 120 |
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| 151 | 151 | | professional services, to encourage all qualified persons to put themselves in a position to121 |
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| 152 | 152 | | be considered for a contract, and to enter into contracts for such professional services on122 |
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| 153 | 153 | | the basis of demonstrated competence and qualification for the types of professional123 |
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| 154 | 154 | | services required at fair and reasonable fees."124 |
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| 155 | 155 | | SECTION 5.125 |
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| 156 | 156 | | Said chapter is further amended by revising Code Section 50-22-2, relating to definitions, as126 |
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| 157 | 157 | | follows:127 |
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| 158 | 158 | | "50-22-2.128 |
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| 159 | 159 | | As used in this chapter, the term:129 |
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| 160 | 160 | | (1) 'Agency' means every state department, agency, board, bureau, commission, and |
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| 161 | 161 | | 130 |
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| 162 | 162 | | authority, unless otherwise exempted under the provisions of subsection (b) of Code131 |
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| 163 | 163 | | Section 50-22-7 a state agency or a local government.132 |
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| 164 | 164 | | (1.1) 'Local government' means a county, municipality, or consolidated government.133 |
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| 165 | 165 | | (2) 'Person' means an individual, a corporation, a partnership, a business trust, an134 |
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| 166 | 166 | | association, a firm, or any other legal entity.135 |
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| 167 | 167 | | (2.1) 'Predesign' means that phase of an activity where requirements programming, site136 |
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| 168 | 168 | | analysis, and other appropriate studies are conducted to develop essential information,137 |
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| 169 | 169 | | including cost estimates, to support and advance the decision-making process prior to the138 |
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| 170 | 170 | | design and implementation phases of an activity.139 |
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| 171 | 171 | | (3) 'Principal representative' means:140 |
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| 172 | 172 | | (A) The the governing board of a state agency or the executive head of a state agency;141 |
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| 173 | 173 | | or142 |
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| 174 | 174 | | (B) The governing authority or designated officer, official, or employee of a local143 |
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| 175 | 175 | | government144 |
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| 176 | 176 | | who is authorized to contract for the agency for professional services.145 |
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| 177 | 177 | | H. B. 152 |
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| 178 | 178 | | - 6 - 25 LC 47 3258 |
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| 179 | 179 | | (4) 'Professional services' means those services within the scope of the following: |
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| 180 | 180 | | 146 |
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| 181 | 181 | | (A) The practice of architecture, as defined in paragraph (11) of Code Section 43-4-1;147 |
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| 182 | 182 | | (B) The practice of registered interior design, as defined in Code Section 43-4-30;148 |
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| 183 | 183 | | (C) The practice of professional engineering, as defined in paragraph (11) of Code149 |
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| 184 | 184 | | Section 43-15-2;150 |
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| 185 | 185 | | (D) The practice of land surveying, as defined in paragraph (6) of Code151 |
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| 186 | 186 | | Section 43-15-2; or152 |
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| 187 | 187 | | (E) The practice of landscape architecture, as defined in paragraph (3) of Code153 |
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| 188 | 188 | | Section 43-23-1.154 |
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| 189 | 189 | | (5) 'Project' means any activity requiring professional services estimated by the state |
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| 190 | 190 | | 155 |
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| 191 | 191 | | agency to have:156 |
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| 192 | 192 | | (A) A preliminary construction cost estimate in excess of $1 million; or157 |
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| 193 | 193 | | (B) Costs for professional services in excess of $75,000.00.158 |
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| 194 | 194 | | (6) 'State agency' means every state department, agency, board, bureau, commission, and159 |
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| 195 | 195 | | authority, unless otherwise exempted under the provisions of subsection (b) of Code160 |
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| 196 | 196 | | Section 50-22-7."161 |
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| 197 | 197 | | SECTION 6.162 |
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| 198 | 198 | | Said chapter is further amended by revising Code Section 50-22-4, relating to submission of163 |
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| 199 | 199 | | information to state agency by persons desiring to provide professional services and164 |
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| 200 | 200 | | preliminary selections, as follows:165 |
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| 201 | 201 | | "50-22-4.166 |
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| 202 | 202 | | (a) Any person desiring to provide professional services to a state an agency shall submit167 |
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| 203 | 203 | | to the agency a statement of qualifications and performance data and such other168 |
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| 204 | 204 | | information as may be required by the agency. The agency may request such person to169 |
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| 205 | 205 | | update such statement periodically in order to reflect changed conditions in the status of170 |
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| 206 | 206 | | such person.171 |
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| 207 | 207 | | H. B. 152 |
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| 208 | 208 | | - 7 - 25 LC 47 3258 |
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| 209 | 209 | | (b) For each proposed project for which professional services are required, the principal |
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| 210 | 210 | | 172 |
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| 211 | 211 | | representative or his or her designee of the state |
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| 212 | 212 | | agency for which the project is to be done173 |
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| 213 | 213 | | shall evaluate statements of qualifications and performance data as required in the public174 |
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| 214 | 214 | | notice provided for in Code Section 50-22-3 and shall conduct discussions with not less175 |
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| 215 | 215 | | than three persons regarding their qualifications, approaches to the project, abilities to176 |
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| 216 | 216 | | furnish the required professional services, anticipated design concepts, and use of177 |
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| 217 | 217 | | alternative methods of approach for furnishing the required professional services. The178 |
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| 218 | 218 | | principal representative or his or her designee shall then select not less than three nor more179 |
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| 219 | 219 | | than five persons deemed to be most highly qualified to perform the required professional180 |
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| 220 | 220 | | services after considering, and based upon, such factors as the ability of professional181 |
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| 221 | 221 | | personnel, past performance, willingness to meet time requirements, project location, office182 |
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| 222 | 222 | | location, the professional's current and projected workloads, the professional's approach,183 |
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| 223 | 223 | | quality control procedures, the volume of work previously awarded to the person by the184 |
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| 224 | 224 | | state agency, and the extent to which said persons have and will involve minority185 |
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| 225 | 225 | | subcontractors, with the object of effecting an equitable distribution of contracts among186 |
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| 226 | 226 | | qualified persons as so long as such distribution does not violate the principle of selection187 |
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| 227 | 227 | | of the most highly qualified person. In selection, as mentioned in this Code section,188 |
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| 228 | 228 | | persons who maintain an office in Georgia shall be given preference when qualifications189 |
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| 229 | 229 | | appear to be equal."190 |
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| 230 | 230 | | SECTION 7.191 |
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| 231 | 231 | | Said chapter is further amended by revising Code Section 50-22-7, relating to exemptions192 |
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| 232 | 232 | | from requirements and construction with Code Section 50-6-25, as follows:193 |
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| 233 | 233 | | "50-22-7.194 |
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| 234 | 234 | | (a) Notwithstanding any other provisions of this chapter, there shall be no public notice195 |
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| 235 | 235 | | requirement or utilization of the selection process as provided for in this chapter for196 |
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| 236 | 236 | | projects in which the state agency is able to reuse existing drawings, specifications,197 |
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| 237 | 237 | | H. B. 152 |
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| 238 | 238 | | - 8 - 25 LC 47 3258 |
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| 239 | 239 | | designs, or other documents from a prior project by retention of the person who provided |
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| 240 | 240 | | 198 |
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| 241 | 241 | | the professional services and who prepared the original documents.199 |
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| 242 | 242 | | (b) Notwithstanding any other provisions of this chapter, the Board of Regents and200 |
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| 243 | 243 | | University System of Georgia shall be exempt from the provisions of this chapter.201 |
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| 244 | 244 | | (c) The provisions of Code Section 50-6-25, relating to the eligibility of architectural and202 |
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| 245 | 245 | | engineering firms to do business with the state, shall not be affected or superseded by the203 |
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| 246 | 246 | | provisions of this chapter.204 |
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| 247 | 247 | | (d) Notwithstanding any other provisions of this chapter, there shall be no public notice205 |
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| 248 | 248 | | requirement or utilization of the selection process as provided for in this chapter for206 |
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| 249 | 249 | | services required for the predesign phase of any state |
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| 250 | 250 | | agency construction project unless207 |
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| 251 | 251 | | the state agency estimates the predesign phase alone to have costs for professional services208 |
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| 252 | 252 | | in excess of $75,000.00. No award of a contract to provide predesign services under this209 |
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| 253 | 253 | | exemption shall be interpreted to preclude the lawful necessity to give public notice and210 |
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| 254 | 254 | | use the selection process for design of projects meeting the criteria of paragraph (5) of211 |
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| 255 | 255 | | Code Section 50-22-2. Costs for predesign services, whether or not those services are212 |
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| 256 | 256 | | exempt under this subsection, shall be added to any other costs of an activity for purposes213 |
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| 257 | 257 | | of determining whether the activity is a project."214 |
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| 258 | 258 | | SECTION 8.215 |
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| 259 | 259 | | Said chapter is further amended by revising Code Section 50-22-8, relating to rules and216 |
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| 260 | 260 | | regulations, as follows:217 |
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| 261 | 261 | | "50-22-8.218 |
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| 262 | 262 | | A state agency shall be authorized to promulgate rules and regulations to carry out the219 |
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| 263 | 263 | | provisions of this chapter. A local government shall be authorized to adopt ordinances,220 |
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| 264 | 264 | | resolutions, or regulations to carry out the provisions of this chapter."221 |
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| 265 | 265 | | H. B. 152 |
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| 266 | 266 | | - 9 - 25 LC 47 3258 |
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| 267 | 267 | | SECTION 9. |
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| 268 | 268 | | 222 |
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| 269 | 269 | | This Act shall become effective on July 1, 2026.223 |
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| 270 | 270 | | SECTION 10.224 |
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| 271 | 271 | | All laws and parts of laws in conflict with this Act are repealed.225 |
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| 272 | 272 | | H. B. 152 |
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| 273 | 273 | | - 10 - |
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