05 LC 21
8132S
The
House Committee on State Institutions & Property offers the following
substitute
to HB 155:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating
to managerial control over acquisition of professional services, so as to
provide a statement of purpose and policy; to define a certain term; to change
the maximum number of professionals considered for selection; to repeal a
provision relating to the selection of a professional in certain state
contracts; to require a declaration by an interior designer in certain state
contracts; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial
control over acquisition of professional services, is amended by striking in its
entirety Code Section 50-22-1, relating to purpose and policy, and inserting in
lieu thereof the following:
"50-22-1.
The
purpose of this chapter is to provide managerial control by the state over the
acquisition of the professional services provided by architects, professional
engineers, landscape architects,
and
land
surveyors, and
interior designers. It is declared to be
the policy of this state to announce publicly requirements for such professional
services, to encourage all qualified persons to put themselves in a position to
be considered for a contract, and to enter into contracts for such professional
services on the basis of demonstrated competence and qualification for the types
of professional services required at fair and reasonable
fees."
SECTION
2.
Said
chapter is further amended by striking in its entirety paragraph (4) of Code
Section 50-22-2, relating to definitions, and inserting in lieu thereof the
following:
"(4)
'Professional services' means those services within the scope of the
following:
(A)
The practice of architecture, as defined in paragraph (6) of Code Section
43-4-1;
(B)
The practice
of registered interior design, as defined in Code Section 43-4-30;
(C)
The practice of professional engineering, as defined in paragraph (11) of Code
Section 43-15-2;
(C)(D)
The practice of land surveying, as defined in paragraph (6) of Code Section
43-15-2; or
(D)(E)
The practice of landscape architecture, as defined in paragraph (3) of Code
Section
43-23-1."
SECTION
3.
Said
chapter is further amended by striking in its entirety subsection (b) of Code
Section 50-22-4, relating to submission of information to state agency by
persons desiring to provide professional services and preliminary selections,
and inserting in lieu thereof the following:
"(b)
For each proposed project for which professional services are required, the
principal representative or his
or
her designee of the state agency for which
the project is to be done shall evaluate statements of qualifications and
performance data as required in the public notice provided for in Code Section
50-22-3 and shall conduct discussions with not less than three persons regarding
their qualifications, approaches to the project, abilities to furnish the
required professional services, anticipated design concepts, and use of
alternative methods of approach for furnishing the required professional
services. The principal representative or his
or
her designee shall then select not less
than three nor more than
eight
five
persons deemed to be most highly qualified to perform the required professional
services after considering, and based upon, such factors as the ability of
professional personnel, past performance, willingness to meet time requirements,
project location, office location, the
professionaĺs
current and projected workloads, the
professionaĺs
approach, quality control procedures, the volume of work previously awarded to
the person by the state agency, and the extent to which said persons have and
will involve minority subcontractors, with the object of effecting an equitable
distribution of contracts among qualified persons as long as such distribution
does not violate the principle of selection of the most highly qualified person.
In selection, as mentioned in this Code section, persons who maintain an office
in Georgia shall be given preference when qualifications appear to be
equal."
SECTION
4.
Said
chapter is further amended by striking in its entirety Code Section 50-22-5,
relating to final selection of professional by other than contract negotiations,
and inserting in lieu thereof the following:
"50-22-5.
(a)
After selecting not less than three nor more than eight persons deemed to be the
most highly qualified to perform the required professional services, the
principal representative or his designee shall then send a notice in writing to
each person so selected defining the scope of the required professional services
and then shall select a person to provide the professional services based upon
additional factors such as the cost of providing the professional services and
other factors as the agency deems appropriate or as required by law; provided,
however, that, if the agency selects the person to provide professional services
through contract negotiations, the provisions of Code Section 50-22-6 shall
apply.
(b)
In cases where Code Section 50-22-6 is not applicable, such additional factors
to be considered shall be available to interested persons at the time of the
public notice provided for in Code Section 50-22-3 and shall be presented in
writing to any person selected for consideration of the project pursuant to Code
Section 50-22-4.
Reserved."
SECTION
5.
Said
chapter is further amended by striking in their entirety subsections (a) and (d)
of Code Section 50-22-6, relating to selection of professional through contract
negotiations, contractual prohibition against contingent fees, and right to
terminate contract, and inserting in lieu thereof, respectively, the
following:
"(a)
In cases
where the agency shall select the person to provide the professional services
through contract negotiations, the
The
principal representative or his
or
her designee shall rank in order not less
than three nor more than
eight
five
persons deemed most qualified to perform such professional services. The
principal representative or his
or
her designee shall then negotiate a
contract with the highest qualified person providing professional services for
such services at compensation which the principal representative or his
or
her designee determines in writing to be
fair and reasonable. In making such decision, the principal representative or
his or
her designee shall take into account the
estimated value of the services to be rendered and the scope, complexity, and
professional nature
thereof."
"(d)
Each contract for professional services entered into by the principal
representative shall contain a prohibition against contingent fees as follows:
the architect, registered land surveyor, professional engineer,
or
landscape architect,
or interior
designer, as applicable, warrants that he
or
she has not employed or retained any
company or person, other than a bona fide employee working solely for him
or
her, to solicit or secure this contract
and that he or
she has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide
employee working solely for him
or
her, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or the
making of this
contract."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.