| 1 | 1 | | 25 LC 46 1157 |
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| 2 | 2 | | House Bill 704 |
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| 3 | 3 | | By: Representatives Cheokas of the 151 |
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| 4 | 4 | | st |
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| 5 | 5 | | , Jones of the 25 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Dubnik of the 29 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Dickey of the |
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| 10 | 10 | | 134 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Blackmon of the 146 |
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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 Code Section 50-6-25 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | maintenance of statistics on architectural and engineering firms doing business with the state2 |
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| 20 | 20 | | and ineligibility of firms, so as to replace the requirement that the state auditor produce3 |
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| 21 | 21 | | certain monthly reports with the requirement that he or she produce annual reports; to4 |
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| 22 | 22 | | provide for the removal of certain requirements; to amend Code Sections 42-2-145 |
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| 23 | 23 | | and 50-22-7 of the Official Code of Georgia Annotated, relating to power of Governor to6 |
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| 24 | 24 | | declare state of emergency with regard to jail and prison overcrowding and exemptions from7 |
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| 25 | 25 | | requirements and construction with Code Section 50-6-25, respectively, so as to provide for8 |
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| 26 | 26 | | cross-references; to provide for related matters; to repeal conflicting laws; and for other9 |
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| 27 | 27 | | 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 | | Code Section 50-6-25 of the Official Code of Georgia Annotated, relating to maintenance13 |
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| 31 | 31 | | of statistics on architectural and engineering firms doing business with the state and14 |
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| 32 | 32 | | ineligibility of firms, is amended by revising said Code section as follows:15 |
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| 33 | 33 | | H. B. 704 |
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| 34 | 34 | | - 1 - 25 LC 46 1157 |
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| 35 | 35 | | "50-6-25. |
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| 36 | 36 | | 16 |
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| 37 | 37 | | (a)(1) The state auditor shall maintain statistics on all architectural and engineering firms |
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| 38 | 38 | | 17 |
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| 39 | 39 | | doing business with the various departments, agencies, authorities, and public18 |
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| 40 | 40 | | corporations of the state, except the Department of Transportation which shall be19 |
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| 41 | 41 | | governed by paragraph (2) of this subsection. The statistics shall show the percentage of20 |
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| 42 | 42 | | the total state business done by each such firm and shall be made available to the General21 |
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| 43 | 43 | | Assembly and all departments, agencies, authorities, and public corporations of the state22 |
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| 44 | 44 | | using architectural and engineering services. The state auditor shall compile the statistics23 |
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| 45 | 45 | | and shall maintain the statistics current on a monthly basis.24 |
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| 46 | 46 | | (2) The state auditor shall include in the statistics provided for in paragraph (1) of this25 |
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| 47 | 47 | | subsection all architectural and engineering firms doing business with the Department of26 |
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| 48 | 48 | | Transportation. The Department of Transportation shall report its architectural and27 |
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| 49 | 49 | | engineering contracts to the state auditor in two divisions. In the first division, such28 |
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| 50 | 50 | | department shall report those contracts which are under a gross value of $1 million at the29 |
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| 51 | 51 | | time of execution by the total contract amount without accounting for any subcontracts.30 |
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| 52 | 52 | | In the second division, such department shall report those contracts with a gross value in31 |
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| 53 | 53 | | excess of $1 million at the time of execution and shall report all subcontracts thereunder32 |
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| 54 | 54 | | which are in excess of $25,000.00 as further provided for in this Code section. The33 |
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| 55 | 55 | | statistics shall show the total percentage of state business done by each such firm and34 |
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| 56 | 56 | | shall be made available to the General Assembly and the Department of Transportation.35 |
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| 57 | 57 | | The state auditor shall compile the statistics and shall maintain the statistics current on36 |
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| 58 | 58 | | a monthly basis. With respect to any contract of the Department of Transportation in37 |
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| 59 | 59 | | excess of $1 million with an architectural or engineering firm which awards a portion of38 |
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| 60 | 60 | | the business in an amount in excess of $25,000.00 under such contract to one or more39 |
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| 61 | 61 | | subcontractors or joint-venture partners, such department shall report to the state auditor40 |
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| 62 | 62 | | the amount of each subcontractor or joint-venture partner with that portion of the business41 |
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| 63 | 63 | | awarded to such subcontractor or joint-venture partner, and such amounts shall not be42 |
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| 64 | 64 | | H. B. 704 |
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| 65 | 65 | | - 2 - 25 LC 46 1157 |
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| 66 | 66 | | listed or included as business of the Department of Transportation awarded to the43 |
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| 67 | 67 | | architectural or engineering firm receiving the state contract. The architectural or44 |
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| 68 | 68 | | engineering firm shall report to the Department of Transportation, as part of its preaward45 |
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| 69 | 69 | | audit conducted by such department, the amount of business in excess of $25,000.0046 |
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| 70 | 70 | | under an anticipated contract which the contractor intends to award to any subcontractor47 |
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| 71 | 71 | | or joint-venture partner, and, after verification that the information reported is correct, the48 |
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| 72 | 72 | | Department of Transportation shall furnish such information to the state auditor. The49 |
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| 73 | 73 | | state auditor shall revise the statistics with respect to architectural and engineering firms50 |
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| 74 | 74 | | currently doing business with the Department of Transportation with respect to contracts51 |
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| 75 | 75 | | outstanding on April 19, 1995, under which all services have not been performed by such52 |
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| 76 | 76 | | architectural and engineering firms in satisfaction of the contract. Such revised statistics53 |
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| 77 | 77 | | shall be computed in accordance with the provisions of this subsection crediting54 |
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| 78 | 78 | | subcontractors and joint-venture partners with business awarded to them and providing55 |
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| 79 | 79 | | that such amounts credited shall not be listed or included as business of the state awarded56 |
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| 80 | 80 | | to the architectural or engineering firm receiving the state contract. Such revised57 |
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| 81 | 81 | | statistics shall be provided by the contractor within 60 days of April 19, 1995, and, after58 |
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| 82 | 82 | | such time, the state auditor shall not be required to revise such statistics.59 |
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| 83 | 83 | | (b) Any architectural or engineering firm which has received more than 10 percent of the60 |
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| 84 | 84 | | total awarded for such services by the departments, agencies, authorities, and public61 |
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| 85 | 85 | | corporations of the state during any period of 36 months, as calculated pursuant to the62 |
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| 86 | 86 | | provisions of subsection (a) of this Code section and shown by the statistics of the state63 |
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| 87 | 87 | | auditor, shall be ineligible to contract with any department, agency, authority, or public64 |
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| 88 | 88 | | corporation of the state until the firm, during any period of 36 months, has been awarded65 |
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| 89 | 89 | | less than 10 percent of the total awarded for such services; provided, however, that any66 |
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| 90 | 90 | | architectural or engineering firm may contract with the Department of Transportation for67 |
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| 91 | 91 | | not more than 30 percent of the total awarded for such services, 10 percent for68 |
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| 92 | 92 | | transportation purposes, and 20 percent for tollway purposes.69 |
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| 93 | 93 | | H. B. 704 |
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| 94 | 94 | | - 3 - 25 LC 46 1157 |
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| 95 | 95 | | (a) The state auditor shall annually provide the General Assembly with statistics on all70 |
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| 96 | 96 | | architectural and engineering firms doing business with the departments, agencies,71 |
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| 97 | 97 | | authorities, and public corporations of this state. The annual statistics shall include a listing72 |
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| 98 | 98 | | of the architectural and engineering firms that were awarded contracts during the preceding73 |
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| 99 | 99 | | fiscal year, including the amount of the contract awards, statistics on the number of74 |
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| 100 | 100 | | contracts awarded to firms in the State of Georgia, and statistics on the number of contracts75 |
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| 101 | 101 | | awarded to firms in rural areas of this state. The state auditor is authorized to provide any76 |
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| 102 | 102 | | additional statistical information, as determined necessary.77 |
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| 103 | 103 | | (b) The statistics will become a part of the annual reporting requirements as outlined in78 |
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| 104 | 104 | | Code Section 50-6-32, the 'Transparency in Government Act.' The annual statistics shall79 |
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| 105 | 105 | | be posted for the preceding fiscal year as soon as is practical after the close of each fiscal80 |
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| 106 | 106 | | year, but no later than January 1, beginning January 1, 2027."81 |
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| 107 | 107 | | SECTION 2.82 |
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| 108 | 108 | | Code Section 42-2-14 of the Official Code of Georgia Annotated, relating to power of83 |
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| 109 | 109 | | Governor to declare state of emergency with regard to jail and prison overcrowding, is84 |
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| 110 | 110 | | amended by revising said Code section as follows:85 |
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| 111 | 111 | | "42-2-14.86 |
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| 112 | 112 | | The Governor, upon certification by the commissioner of corrections and approval by the87 |
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| 113 | 113 | | director of the Office of Planning and Budget that the population of the prison system of88 |
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| 114 | 114 | | the State of Georgia has exceeded the capacity of the prison system for any period of 9089 |
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| 115 | 115 | | consecutive days, beginning at any time after December 31, 1988, may declare a state of90 |
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| 116 | 116 | | emergency with regard to jail and prison overcrowding. Following the declaration of such91 |
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| 117 | 117 | | emergency, the department may establish additional facilities for use by the department,92 |
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| 118 | 118 | | such facilities to be either of a permanent type of construction or of a temporary or93 |
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| 119 | 119 | | movable type as the department may find most advantageous to the particular needs, to the94 |
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| 120 | 120 | | end that the inmates under its supervision may be so distributed throughout the state as to95 |
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| 121 | 121 | | H. B. 704 |
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| 122 | 122 | | - 4 - 25 LC 46 1157 |
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| 123 | 123 | | facilitate individualization of treatment designed to prepare them for lawful living in the |
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| 124 | 124 | | 96 |
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| 125 | 125 | | community where they are most likely to reside after their release from a correctional97 |
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| 126 | 126 | | facility. For this purpose, the department may purchase or lease sites and suitable lands98 |
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| 127 | 127 | | and erect necessary buildings thereon or purchase or lease existing facilities, all within the99 |
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| 128 | 128 | | limits of appropriations as approved by the General Assembly. With the approval of the100 |
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| 129 | 129 | | Governor, provisions of Chapter 5 of Title 50, relating to the Department of Administrative101 |
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| 130 | 130 | | Services, or provisions of Code Section 50-6-25 |
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| 131 | 131 | | or Chapter 22 of Title 50, relating to102 |
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| 132 | 132 | | control over acquisition of professional services, may be waived by the department to103 |
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| 133 | 133 | | facilitate the rapid construction or procurement of facilities for inmates; provided, however,104 |
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| 134 | 134 | | that the authority to waive provisions of Code Section 50-6-25 shall terminate as of July105 |
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| 135 | 135 | | 1, 1991. During any year in which correctional facilities are constructed or procured under106 |
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| 136 | 136 | | this Code section and any requirements are waived, the department shall furnish the107 |
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| 137 | 137 | | Governor and the General Assembly with a detailed report specifying the facilities108 |
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| 138 | 138 | | constructed or procured, the requirements waived, and the reasons therefor."109 |
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| 139 | 139 | | SECTION 3.110 |
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| 140 | 140 | | Code Section 50-22-7 of the Official Code of Georgia Annotated, relating to exemptions111 |
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| 141 | 141 | | from requirements and construction with Code Section 50-6-25, is amended by revising said112 |
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| 142 | 142 | | Code section as follows:113 |
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| 143 | 143 | | "50-22-7.114 |
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| 144 | 144 | | (a) Notwithstanding any other provisions of this chapter, there shall be no public notice115 |
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| 145 | 145 | | requirement or utilization of the selection process as provided for in this chapter for116 |
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| 146 | 146 | | projects in which the state agency is able to reuse existing drawings, specifications,117 |
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| 147 | 147 | | designs, or other documents from a prior project by retention of the person who provided118 |
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| 148 | 148 | | the professional services and who prepared the original documents.119 |
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| 149 | 149 | | (b) Notwithstanding any other provisions of this chapter, the Board of Regents and120 |
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| 150 | 150 | | University System of Georgia shall be exempt from the provisions of this chapter.121 |
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| 151 | 151 | | H. B. 704 |
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| 152 | 152 | | - 5 - 25 LC 46 1157 |
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| 153 | 153 | | (c) The provisions of Code Section 50-6-25, relating to the eligibility of architectural and122 |
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| 154 | 154 | | engineering firms to do business with the state, shall not be affected or superseded by the123 |
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| 155 | 155 | | provisions of this chapter.124 |
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| 156 | 156 | | (d) Notwithstanding any other provisions of this chapter, there shall be no public notice125 |
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| 157 | 157 | | requirement or utilization of the selection process as provided for in this chapter for126 |
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| 158 | 158 | | services required for the predesign phase of any state agency construction project unless127 |
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| 159 | 159 | | the state agency estimates the predesign phase alone to have costs for professional services128 |
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| 160 | 160 | | in excess of $75,000.00. No award of a contract to provide predesign services under this129 |
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| 161 | 161 | | exemption shall be interpreted to preclude the lawful necessity to give public notice and130 |
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| 162 | 162 | | use the selection process for design of projects meeting the criteria of paragraph (5) of131 |
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| 163 | 163 | | Code Section 50-22-2. Costs for predesign services, whether or not those services are132 |
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| 164 | 164 | | exempt under this subsection, shall be added to any other costs of an activity for purposes133 |
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| 165 | 165 | | of determining whether the activity is a project."134 |
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| 166 | 166 | | SECTION 4.135 |
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| 167 | 167 | | All laws and parts of laws in conflict with this Act are repealed.136 |
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| 168 | 168 | | H. B. 704 |
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| 169 | 169 | | - 6 - |
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