05 LC 19
6589
House
Bill 833
By:
Representatives Lunsford of the
110th,
Knight of the
126th,
Yates of the
73rd,
Talton of the
145th,
Loudermilk of the
14th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, so as to provide that the Georgia Procurement Registry shall be the
official legal organ for advertisement of certain bid opportunities for goods
and services and public works construction contracts by a municipal corporation,
county, or local board of education; to require advertisement of certain bid
opportunities by local government entities via the Georgia Procurement Registry;
to provide that advertisement via the Georgia Procurement Registry shall be at
no cost to local government entities; to provide for other matters relative to
the foregoing; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended in Chapter 80, relating to general provisions applicable to counties,
municipal corporations, and other government entities, by inserting at the end
thereof a new Code Section 36-80-21 to read as follows:
"36-80-21.
Each
bid opportunity of a municipal corporation, county, or local board of education
for goods and services valued at $40,000.00 or more and each bid opportunity for
public works construction contracts valued at $100,000.00 or more shall be
advertised by such respective local government entity by means of the Georgia
Procurement Registry as established in Code Section 50-5-69, which for purposes
of advertisement of such bid opportunities pursuant to this Code section shall
be the official legal organ of the municipal corporation, county, or local board
of education; provided, however, that each such government entity may also
advertise such bid opportunities by any other means identified by the government
entity. Advertisement by means of the Georgia Procurement Registry shall be at
no cost to the municipal corporation, county, or local board of education. Each
advertisement shall include such details and specifications as will enable the
public to know the extent and character of the bid
opportunity."
SECTION
2.
Said
title is further amended in Code Section 36-91-20, relating to contracting and
bidding requirements for public works construction contracts, by striking
subsection (b) and inserting in lieu thereof a new subsection (b) to read as
follows:
"(b)
Prior to entering into a public works construction contract other than those
exempted by Code Section 36-91-22, a governmental entity shall publicly
advertise the contract opportunity. Such notice shall be posted conspicuously
in the governing
authoritýs
office and shall be advertised
via the
Georgia Procurement Registry established under subsection (b) of Code Section
50-5-69 which shall be the official legal organ of the county for advertisement
of such contract opportunities. In addition, such contract opportunity may be
advertised in
the legal
organ of the county
any
newspaper or by electronic means on an
Internet website of the governmental entity or an Internet website identified by
the governmental entity. Contract opportunities shall be advertised
in the Georgia
Procurement Registry a minimum of two
times, with the first advertisement occurring at least four weeks prior to the
opening of the sealed bids or proposals. The second advertisement shall follow
no earlier than two weeks from the first advertisement. Plans and specifications
shall be available on the first day of the advertisement and shall be open to
inspection by the public. The advertisement shall include such details and
specifications as will enable the public to know the extent and character of the
work to be done. All required notices of advertisement shall also advise of any
mandatory prequalification requirements or pre-bid conferences as well as any
federal requirements pursuant to subsection (d) of Code Section
36-91-22."
SECTION
3.
This
Act shall become effective on January 1, 2006.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.