08 LC
34 1686S
House
Bill 1124 (RULES COMMITTEE SUBSTITUTE)
By:
Representatives Mills of the
25th,
Smith of the
129th,
Sheldon of the
105th,
Shaw of the
176th,
and Forster of the
3rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating
to the procedure for awarding design-build contracts, so as to change the
standard for award of a contract; to provide that the Department of
Transportation attempt to award contracts to qualified Georgia contractors and
to provide for reciprocity with other states; to require the Department of
Transportation to report to the General Assembly on its progress in utilizing
the design-build procedure; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 32-2-81 of the Official Code of Georgia Annotated, relating to the
procedure for awarding design-build contracts, is amended by revising paragraph
(7) of subsection (d) and subsection (f) as follows:
"(7)
Criteria for selection and award process, provided that the rules shall specify
that the criteria for selection shall consist of the following minimum
two
three
components:
(A)
A statement of qualifications from which the department will determine a list of
qualified firms for the project;
(B)
From the list of qualified firms as provided in subparagraph (A) of this
paragraph, a price proposal from each firm from which the department shall
select the
lowest
qualified bidder
whose proposal
best satisfies the evaluation criteria contained in the request for
proposal; provided, however, that a
proposal
will
shall
only be considered nonresponsive if it does not contain all the information and
level of detail requested in the request for proposal. A proposal shall not be
deemed to be nonresponsive solely on the basis of minor irregularities in the
proposal that do not directly affect the ability to fairly evaluate the merits
of the proposal. Notwithstanding the requirements of Code Section 36-91-21,
under no circumstances shall the department use a 'best and final offer'
standard in awarding a contract. The department may provide for a stipulated
fee to be awarded to the short list of qualified proposers who provide a
responsive, successful proposal. In consideration for paying the stipulated
fee, the department may use any ideas or information contained in the proposals
in connection with the contract awarded for the project, or in connection with a
subsequent procurement, without obligation to pay any additional compensation to
the unsuccessful proposers;
and
(C)
From the list of qualified firms as provided in subparagraph (A) of this
paragraph, the department shall make every reasonable effort, without
sacrificing the integrity of the process, to award contracts to firms that are
based in this state. Firms resident in the State of Georgia shall be granted
the same preference over firms resident in another state in the same manner, on
the same basis, and to the same extent that preference is granted in awarding
bids for the same goods or services by such other state to firms resident
therein over firms resident in the State of Georgia.
(f)
In
contracting for design-build projects, the department shall be limited to
contracting for no more than 15 percent of the total amount of construction
projects awarded in the previous fiscal
year
Beginning in
fiscal year 2009, the department shall annually report to the Governor, the
Lieutenant Governor, the Speaker of the House of Representatives, and the
chairpersons of the House and Senate Transportation Committees on its progress
in identifying suitable projects for using the design-build procedure. The
report shall include the progress on each of the identified projects. By fiscal
year 2010, the department should be using the design-build procedure to award at
least 5 percent of the monetary value of all of its construction contracts. The
percentage of construction contracts awarded using the design-build procedure
should be increased to at least 10 percent by fiscal year
2012."
SECTION
2.
This
Act shall become effective on July 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.