07 LC 28
3313/AP
House
Bill 202 (AS PASSED HOUSE AND SENATE)
By:
Representatives Harbin of the
118th,
Fleming of the
117th,
and Sims of the
119th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating
to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the
Official Code of Georgia Annotated, relating to exercise of power to contract by
the Department of Transportation generally, so as to provide that a contractor
that is more than 25 percent behind in the performance of certain contracts due
to the fault of such contractor shall not be eligible to bid on any additional
state public works construction contracts or Department of Transportation
construction or maintenance contracts until such time as the performance of such
contracts is brought current or is completed; to provide for a determination of
fault; to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts
for public works, is amended by adding a new Article 4 to read as
follows:
"ARTICLE
4
13-10-100.
(a)
A contractor that is found to be more than 25 percent behind in the performance
of any combination of two or more of any of the following:
(1)
State public works construction contracts; or
(2)
Department of Transportation construction or maintenance contracts
based
on a final determination that such delay was due to the fault of such contractor
shall not be eligible to bid on any additional state public works construction
contracts or Department of Transportation construction or maintenance contracts
until such time as the performance of such contracts is brought current or is
completed.
(b)
The determination of whether such contractor is behind in its performance and
the cause of such delay shall be made in accordance with all applicable contract
terms and provisions, including the requirements for determination of the
contract time of performance, the contractor´s right to request a time
extension, resolution of any controversy or dispute involving the time of
performance, mediation, and all subsequent procedures or processes available
under or allowed by the contract, to finally resolve any such controversy.
Before such final determination is applied against a contractor, the
determination may be appealed de novo to the applicable
court."
SECTION
2.
Article
4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating
to exercise of power to contract by the Department of Transportation generally,
is amended by adding a new Code Section 32-2-66.1 to read as
follows:
"32-2-66.1.
(a)
A contractor that is found to be more than 25 percent behind in the performance
of any combination of two or more of any of the following:
(1)
Department of Transportation construction or maintenance contracts;
or
(2)
State public works contracts
due
to the fault of such contractor shall not be eligible to bid on any additional
state public works construction contracts or Department of Transportation
construction or maintenance contracts until such time as the performance of such
contracts is brought current or is completed.
(b)
The determination of whether such contractor is behind in its performance and
the cause of such delay shall be made by the Department of Transportation and
shall be in accordance with all applicable contract terms and provisions,
including the requirements for determination of the contract time of
performance, the contractor´s right to request a time extension, resolution
of any controversy or dispute involving the time of performance, mediation, and
all subsequent procedures or processes available under or allowed by the
contract, to finally resolve any such controversy. Before such final
determination is applied against a contractor, the determination may be appealed
de novo to the applicable court."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.