08 LC 38
0617S
The
Senate Economic Development Committee offered the following substitute to
SB 484:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia
Annotated, relating to state purchasing, so as to require that a certain
percentage of all funds appropriated to the state´s various budget units be
dedicated to projects and contracts involving small businesses; to require under
certain circumstances that the Department of Administrative Services take into
consideration such small business requirement prior to entering into any
contract; to provide for definitions; to provide certain audit duties to the
Office of Planning and Budget; to provide that such office report to certain
legislative committees; 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 that small businesses are considered
wherever reasonable and practicable prior to a principal representative entering
into a contract for professional services on behalf of certain state entities;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 50, relating to state purchasing, is amended in Part 1,
relating to general authority, duties, and procedure of the department, by
adding a new Code section to read as follows:
"50-5-83.
When
awarding a contract pursuant to any provision in this article, the Department of
Administrative Services shall, whenever reasonable and practicable, take into
consideration the provisions of subsection (a) of Code Section
50-5-126."
SECTION
2.
Said
article is further amended in Part 3, relating to small business assistance, by
designating said part as "Subpart 1" and by adding a new subpart to read as
follows:
"Subpart
2
50-5-125.
As
used in this subpart, the term:
(1)
'Budget unit' shall have the meaning provided for in paragraph (10) of Code
Section 45-12-71.
(2)
'Contract' means any contract, subcontract, procurement, or bid entered into by
a budget unit for supplies, materials, equipment, and services, including, but
not limited to, professional services.
(3)
'Governmental entities' means the governing body of any county, municipal
corporation, or any consolidated city-county government.
(4)
'Small business' means a Georgia business which is independently owned and
operated and has fewer than 50 employees.
50-5-126.
(a)
The state´s various budget units shall, whenever reasonable and
practicable, dedicate at least 10 percent of all funds appropriated to such
budget units by the General Assembly to contracts with small
businesses.
(b)
At least 10 percent of all funds appropriated by each local governmental entity
as part of its fiscal budget for each year shall be, whenever reasonable and
practicable, dedicated to contracts involving small businesses.
50-5-127.
(a)
The Office of Planning and Budget shall on an annual basis audit the contracts
of each budget unit to determine whether each budget unit has satisfied the
provisions of Code Section 50-5-126 for the previous fiscal year. The Office of
Planning and Budget shall on an annual basis provide the Senate Economic
Development Committee and the House Committee on Economic Development and
Tourism with a copy of a report demonstrating the audit´s findings and make
itself available for testimony upon the request of the chairpersons of each
committee.
(b)
Each local governmental entity shall on an annual basis draft a report
demonstrating what contracts were awarded to small businesses and whether such
entity has satisfied the provisions of Code Section 50-5-126 for the previous
fiscal year. Such report shall be available to the public upon
request."
SECTION
3.
Chapter
22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial
control over acquisition of professional services, is amended in Code Section
50-22-6, relating to selection of professional through contract negotiations, by
adding a new subsection to read as follows:
"(f)
Prior to entering into a contract for professional services pursuant to this
Code section, the principal representative shall take into consideration,
whenever reasonable and practicable, the provisions of subsection (a) of Code
Section 50-5-126."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.