25 LC 46 1157
House Bill 704
By: Representatives Cheokas of the 151
st
, Jones of the 25
th
, Dubnik of the 29
th
, Dickey of the
134
th
, Blackmon of the 146
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 50-6-25 of the Official Code of Georgia Annotated, relating to
1
maintenance of statistics on architectural and engineering firms doing business with the state2
and ineligibility of firms, so as to replace the requirement that the state auditor produce3
certain monthly reports with the requirement that he or she produce annual reports; to4
provide for the removal of certain requirements; to amend Code Sections 42-2-145
and 50-22-7 of the Official Code of Georgia Annotated, relating to power of Governor to6
declare state of emergency with regard to jail and prison overcrowding and exemptions from7
requirements and construction with Code Section 50-6-25, respectively, so as to provide for8
cross-references; to provide for related matters; to repeal conflicting laws; and for other9
purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Code Section 50-6-25 of the Official Code of Georgia Annotated, relating to maintenance13
of statistics on architectural and engineering firms doing business with the state and14
ineligibility of firms, is amended by revising said Code section as follows:15
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"50-6-25.
16
(a)(1) The state auditor shall maintain statistics on all architectural and engineering firms
17
doing business with the various departments, agencies, authorities, and public18
corporations of the state, except the Department of Transportation which shall be19
governed by paragraph (2) of this subsection. The statistics shall show the percentage of20
the total state business done by each such firm and shall be made available to the General21
Assembly and all departments, agencies, authorities, and public corporations of the state22
using architectural and engineering services. The state auditor shall compile the statistics23
and shall maintain the statistics current on a monthly basis.24
(2) The state auditor shall include in the statistics provided for in paragraph (1) of this25
subsection all architectural and engineering firms doing business with the Department of26
Transportation. The Department of Transportation shall report its architectural and27
engineering contracts to the state auditor in two divisions. In the first division, such28
department shall report those contracts which are under a gross value of $1 million at the29
time of execution by the total contract amount without accounting for any subcontracts.30
In the second division, such department shall report those contracts with a gross value in31
excess of $1 million at the time of execution and shall report all subcontracts thereunder32
which are in excess of $25,000.00 as further provided for in this Code section. The33
statistics shall show the total percentage of state business done by each such firm and34
shall be made available to the General Assembly and the Department of Transportation.35
The state auditor shall compile the statistics and shall maintain the statistics current on36
a monthly basis. With respect to any contract of the Department of Transportation in37
excess of $1 million with an architectural or engineering firm which awards a portion of38
the business in an amount in excess of $25,000.00 under such contract to one or more39
subcontractors or joint-venture partners, such department shall report to the state auditor40
the amount of each subcontractor or joint-venture partner with that portion of the business41
awarded to such subcontractor or joint-venture partner, and such amounts shall not be42
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listed or included as business of the Department of Transportation awarded to the43
architectural or engineering firm receiving the state contract. The architectural or44
engineering firm shall report to the Department of Transportation, as part of its preaward45
audit conducted by such department, the amount of business in excess of $25,000.0046
under an anticipated contract which the contractor intends to award to any subcontractor47
or joint-venture partner, and, after verification that the information reported is correct, the48
Department of Transportation shall furnish such information to the state auditor. The49
state auditor shall revise the statistics with respect to architectural and engineering firms50
currently doing business with the Department of Transportation with respect to contracts51
outstanding on April 19, 1995, under which all services have not been performed by such52
architectural and engineering firms in satisfaction of the contract. Such revised statistics53
shall be computed in accordance with the provisions of this subsection crediting54
subcontractors and joint-venture partners with business awarded to them and providing55
that such amounts credited shall not be listed or included as business of the state awarded56
to the architectural or engineering firm receiving the state contract. Such revised57
statistics shall be provided by the contractor within 60 days of April 19, 1995, and, after58
such time, the state auditor shall not be required to revise such statistics.59
(b) Any architectural or engineering firm which has received more than 10 percent of the60
total awarded for such services by the departments, agencies, authorities, and public61
corporations of the state during any period of 36 months, as calculated pursuant to the62
provisions of subsection (a) of this Code section and shown by the statistics of the state63
auditor, shall be ineligible to contract with any department, agency, authority, or public64
corporation of the state until the firm, during any period of 36 months, has been awarded65
less than 10 percent of the total awarded for such services; provided, however, that any66
architectural or engineering firm may contract with the Department of Transportation for67
not more than 30 percent of the total awarded for such services, 10 percent for68
transportation purposes, and 20 percent for tollway purposes.69
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(a) The state auditor shall annually provide the General Assembly with statistics on all70
architectural and engineering firms doing business with the departments, agencies,71
authorities, and public corporations of this state. The annual statistics shall include a listing72
of the architectural and engineering firms that were awarded contracts during the preceding73
fiscal year, including the amount of the contract awards, statistics on the number of74
contracts awarded to firms in the State of Georgia, and statistics on the number of contracts75
awarded to firms in rural areas of this state. The state auditor is authorized to provide any76
additional statistical information, as determined necessary.77
(b) The statistics will become a part of the annual reporting requirements as outlined in78
Code Section 50-6-32, the 'Transparency in Government Act.' The annual statistics shall79
be posted for the preceding fiscal year as soon as is practical after the close of each fiscal80
year, but no later than January 1, beginning January 1, 2027."81
SECTION 2.82
Code Section 42-2-14 of the Official Code of Georgia Annotated, relating to power of83
Governor to declare state of emergency with regard to jail and prison overcrowding, is84
amended by revising said Code section as follows:85
"42-2-14.86
The Governor, upon certification by the commissioner of corrections and approval by the87
director of the Office of Planning and Budget that the population of the prison system of88
the State of Georgia has exceeded the capacity of the prison system for any period of 9089
consecutive days, beginning at any time after December 31, 1988, may declare a state of90
emergency with regard to jail and prison overcrowding. Following the declaration of such91
emergency, the department may establish additional facilities for use by the department,92
such facilities to be either of a permanent type of construction or of a temporary or93
movable type as the department may find most advantageous to the particular needs, to the94
end that the inmates under its supervision may be so distributed throughout the state as to95
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facilitate individualization of treatment designed to prepare them for lawful living in the
96
community where they are most likely to reside after their release from a correctional97
facility. For this purpose, the department may purchase or lease sites and suitable lands98
and erect necessary buildings thereon or purchase or lease existing facilities, all within the99
limits of appropriations as approved by the General Assembly. With the approval of the100
Governor, provisions of Chapter 5 of Title 50, relating to the Department of Administrative101
Services, or provisions of Code Section 50-6-25
or Chapter 22 of Title 50, relating to102
control over acquisition of professional services, may be waived by the department to103
facilitate the rapid construction or procurement of facilities for inmates; provided, however,104
that the authority to waive provisions of Code Section 50-6-25 shall terminate as of July105
1, 1991. During any year in which correctional facilities are constructed or procured under106
this Code section and any requirements are waived, the department shall furnish the107
Governor and the General Assembly with a detailed report specifying the facilities108
constructed or procured, the requirements waived, and the reasons therefor."109
SECTION 3.110
Code Section 50-22-7 of the Official Code of Georgia Annotated, relating to exemptions111
from requirements and construction with Code Section 50-6-25, is amended by revising said112
Code section as follows:113
"50-22-7.114
(a) Notwithstanding any other provisions of this chapter, there shall be no public notice115
requirement or utilization of the selection process as provided for in this chapter for116
projects in which the state agency is able to reuse existing drawings, specifications,117
designs, or other documents from a prior project by retention of the person who provided118
the professional services and who prepared the original documents.119
(b) Notwithstanding any other provisions of this chapter, the Board of Regents and120
University System of Georgia shall be exempt from the provisions of this chapter.121
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(c) The provisions of Code Section 50-6-25, relating to the eligibility of architectural and122
engineering firms to do business with the state, shall not be affected or superseded by the123
provisions of this chapter.124
(d) Notwithstanding any other provisions of this chapter, there shall be no public notice125
requirement or utilization of the selection process as provided for in this chapter for126
services required for the predesign phase of any state agency construction project unless127
the state agency estimates the predesign phase alone to have costs for professional services128
in excess of $75,000.00. No award of a contract to provide predesign services under this129
exemption shall be interpreted to preclude the lawful necessity to give public notice and130
use the selection process for design of projects meeting the criteria of paragraph (5) of131
Code Section 50-22-2. Costs for predesign services, whether or not those services are132
exempt under this subsection, shall be added to any other costs of an activity for purposes133
of determining whether the activity is a project."134
SECTION 4.135
All laws and parts of laws in conflict with this Act are repealed.136
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