SB51: SB51 State, County, and Municipal Road Systems; contracting procedures related to the acquisition of certain professional services by counties and municipalities; revise

Currently, Georgia's managerial control law for professional services (O.C.G.A. Chapter 22 of Title 50) applies mainly to state agencies, while counties and municipalities follow separate, less detailed rules for contracting out professional services. This bill extends that state process to local governments for larger professional services projects, and adds a new Code section (O.C.G.A. § 36-91-3) spelling out how counties, municipalities, and consolidated governments must competitively select architects, engineers, land surveyors, landscape architects, and interior designers based on qualifications rather than lowest bid. The bill also updates the definitions used in that state process, expands who counts as an 'agency' to include local governments, and clarifies rules such as barring cost estimates from being required before negotiations begin and allowing local governments to keep working with a provider they already have a good relationship with. Counties and municipalities remain exempt from the normal two-estimate bidding requirement for these professional contracts. The changes would take effect July 1, 2027.

• Extends Georgia's state managerial control law over professional services (O.C.G.A. Chapter 22 of Title 50) to counties, municipalities, and consolidated governments.
• Adds a new Code section (O.C.G.A. § 36-91-3) requiring local governments to use a qualifications-based competitive process to hire architects, engineers, land surveyors, landscape architects, and interior designers for larger projects.
• Keeps counties and municipalities exempt from the standard two-estimate bidding rule when hiring these professional service providers under the new process.
• Bars local governments from requiring cost estimates from applicants before or during the qualifications submission and before negotiations begin.
• Allows local governments to expand an existing satisfactory contract's scope with a current provider without a new competitive process, so long as the added work matches that provider's expertise.
• Lets local governments negotiate directly with a sole qualified respondent if only one firm responds to a request for proposals.

Georgia county and municipal governments and consolidated governments that hire outside professionals; architects, professional engineers, land surveyors, landscape architects, and interior designers who compete for local government contracts; and state agencies covered by the existing professional services law.

Local governments would follow a more detailed, standardized process for hiring design and engineering professionals, based on qualifications rather than just cost, which could change how firms compete for local government contracts and how quickly local governments can start negotiating with a chosen provider.

• Section 1 and 2 amend O.C.G.A. §§ 32-4-63 and 32-4-113 so counties and municipalities must use the new § 36-91-3 process for hiring architects, engineers, surveyors, landscape architects, and interior designers, exempting these contracts from the usual two-estimate requirement.
• Section 3 creates O.C.G.A. § 36-91-3, defining 'local government' and 'professional services' and setting out the qualifications-based selection process, including rules on sole respondents, cost estimate timing, multiparty on-demand contracts, and expanding existing provider relationships.
• Section 5 revises O.C.G.A. § 50-22-2 to redefine 'agency' to include both state agencies and local governments, and adds a definition of 'local government' and 'predesign'.
• Section 6 revises O.C.G.A. § 50-22-4 to update how state agencies evaluate and select qualified professional service providers.
• Section 8 revises O.C.G.A. § 50-22-8 to let local governments adopt their own ordinances, resolutions, or regulations to carry out the professional services selection process.
• Section 9 sets the effective date as July 1, 2027.
• Section 10 repeals all conflicting laws.

1. 2026-02-19House Committee Favorably Reported By Substitute (House)
2. 2025-04-04House Withdrawn, Recommitted (House)
3. 2025-03-27House Committee Favorably Reported (House)
4. 2025-03-27House Withdrawn, Recommitted (House)
5. 2025-03-13House Committee Favorably Reported (House)
6. 2025-03-06House Second Readers (House)
7. 2025-03-04House First Readers (House)
8. 2025-03-03Senate Passed/Adopted (Senate)

• Ed Setzler (R, SD-037)Primary sponsor
• Matt Brass (R, SD-006)
• Clint Dixon (R, SD-045)
• Frank Ginn (R, SD-047)
• Emanuel Jones (D, SD-010)
• Sheikh Rahman (D, SD-005)
• Victor Anderson (R, HD-010)

1. PassedSenate voteMarch 3, 2025

   54 yea, 1 nay (1 not voting, 0 absent)

   Passage: Senate Vote #122

• local government contracting
• public works bidding
• professional services procurement
• county and municipal law
• architecture and engineering contracts