HB152: HB152 Transportation, Department of; acquisition of certain professional services by counties and municipalities; revise contracting procedures

Currently, Georgia counties and municipalities generally must negotiate contracts based on cost estimates and competitive bids for most purchases and services. State agencies, however, already use a separate process under Chapter 22 of Title 50 that selects architects, engineers, and similar professionals based on qualifications rather than price. HB 152 extends that qualifications-based process to local governments. The bill creates a new Code Section 36-91-3 spelling out how local governments must advertise for and evaluate professional service proposals, negotiate with a sole qualified respondent if only one applies, and avoid requiring cost estimates before negotiations begin. It also amends the state managerial-control law (O.C.G.A. Title 50, Chapter 22) so its definitions of 'agency' and 'principal representative' include local governments, and it lets local governments adopt their own rules to carry out the process. Counties and cities remain exempt from the normal two-estimate requirement for these professional contracts. The changes would take effect July 1, 2026.

• Creates a new Code Section 36-91-3 requiring counties, municipalities, and consolidated governments to use a qualifications-based selection process for professional services above certain cost thresholds.
• Exempts contracts for architects, engineers, land surveyors, landscape architects, and interior designers from the usual two-estimate requirement in county and municipal contracting law.
• Extends the state's professional services law (O.C.G.A. Title 50, Chapter 22), previously written for state agencies only, to also cover local governments by rewriting its definitions.
• Allows local governments to negotiate directly with a sole responding firm if only one proposal is submitted for a project.
• Bars local governments from demanding cost estimates from firms before or during the qualifications-based selection process.
• Permits local governments to sign multi-provider 'on-demand' service contracts and to expand work with an existing, satisfactory professional services provider without a new competitive process.

County and municipal governments across Georgia, architects, professional engineers, land surveyors, landscape architects, interior designers who contract with local governments, and firms competing for local public works and design contracts.

Local governments would follow a new, more detailed set of rules for hiring design and engineering professionals, choosing firms by qualifications instead of lowest bid or simple estimates. This could change which firms win local contracts and how quickly local governments can start negotiating on projects.

• Section 1 and 2 revise O.C.G.A. §§ 32-4-63 and 32-4-113 so counties and municipalities must use the new Code Section 36-91-3 process for professional services contracts, exempting them from the standard two-estimate rule.
• Section 3 adds O.C.G.A. § 36-91-3, defining 'local government' and 'professional services' and setting out the qualifications-based selection process, including rules for sole responsive offerors and prohibiting pre-negotiation cost estimates.
• Section 3 also allows multiparty on-demand contracts and lets local governments expand scope with an existing provider without new competition.
• Section 4 revises O.C.G.A. § 50-22-1 to state that the chapter's purpose covers managerial control by both the state and local governments over professional services acquisition.
• Section 5 revises O.C.G.A. § 50-22-2 definitions, expanding 'agency' and 'principal representative' to include local governments and adding a 'predesign' definition.
• 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 chapter.
• Section 9 sets the effective date as July 1, 2026.

1. 2025-01-30House Second Readers (House)
2. 2025-01-29House First Readers (House)
3. 2025-01-28House Hopper (House)

• Matt Reeves (R, HD-099)Primary sponsor
• Victor Anderson (R, HD-010)
• Brad Thomas (R, HD-021)
• Gabe Okoye (D, HD-102)
• Al Williams (D, HD-168)
• Matthew Gambill (R, HD-015)

• local government contracting
• public works bidding
• professional services procurement
• architects and engineers
• county and municipal law