05 LC 9 1584
House
Bill 220
By:
Representative Jackson of the
161st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 36-91-21 of the Official Code of Georgia Annotated, relating
to competitive award requirements, so as to provide for an optional bidding
preference for local businesses with respect to local government contracts that
are subject to competitive bidding procedures; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 36-91-21 of the Official Code of Georgia Annotated, relating to
competitive award requirements, is amended by striking subsection (b) and
inserting in lieu thereof the following:
"(b)
Any competitive sealed bidding process shall comply with the following
requirements:
(1)
The governmental entity shall publicly advertise an invitation for
bids;
(2)
Bidders shall submit sealed bids based on the criteria set forth in such
invitation;
(3)
The governmental entity shall open the bids publicly and evaluate such bids
without discussions with the bidders; and
(4)
The contract shall be awarded to the lowest responsible and responsive bidder
whose bid meets the requirements and criteria set forth in the invitation for
bids; provided, however,
that the
contract may be awarded to the lowest responsible and responsive bidder whose
principal business location lies within the boundaries or jurisdiction of the
governmental entity and whose bid is not more than 1 percent higher than the bid
of the lowest responsible and responsive bidder whose principal business
location is outside the boundaries or jurisdiction of the governmental entity;
and provided, further, that if the bid
from the lowest responsible and responsive bidder exceeds the funds budgeted for
the public works construction contract, the governmental entity may negotiate
with such apparent low bidder to obtain a contract price within the budgeted
amount. Such negotiations may include changes in the scope of work and other
bid
requirements."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.