Georgia CommonsHB 152: Transportation, Department of; acquisition of certain professional services by counties and municipalities; revise contracting procedures
Last action January 30, 2025 · House Second Readers
House Bill 152 would require Georgia counties and municipalities to use the state's qualifications-based selection process when hiring architects, engineers, land surveyors, landscape architects, or interior designers on larger projects.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest LegiScan holds.
In plain language
Currently, Georgia's state government must use a qualifications-based selection process (found in O.C.G.A. Chapter 22 of Title 50) when hiring architects, engineers, land surveyors, landscape architects, or interior designers for larger projects, choosing firms based on competence and qualifications rather than just price. Counties and municipalities were not required to follow this process and instead could rely on simple cost estimates. House Bill 152 extends this qualifications-based process to local governments. It amends Georgia's road contracting laws (O.C.G.A. §§ 32-4-63 and 32-4-113) so counties and cities can no longer use the two-estimate bidding shortcut for these professional services. It adds a new section (O.C.G.A. § 36-91-3) laying out how local governments must run this competitive process, including rules for sole responses, on-demand contracts, and existing provider relationships. It also updates definitions throughout Title 50, Chapter 22 so 'agency' includes local governments. The changes would take effect July 1, 2026.
What the bill does
- Extends the state's qualifications-based selection process for professional services (architects, engineers, surveyors, landscape architects, interior designers) to counties and municipalities.
- Removes the option for counties and cities to award contracts for these professional services using only two cost estimates, once the contract exceeds certain cost thresholds.
- Adds a new Code section (O.C.G.A. § 36-91-3) spelling out how local governments must advertise, evaluate proposals, and negotiate for professional services.
- Redefines 'agency' in the state's professional services law (O.C.G.A. § 50-22-2) to include local governments, and adds a new definition of 'local government' as a county, municipality, or consolidated government.
- Allows local governments to sign multiparty on-demand contracts with multiple qualified providers and to expand work with an existing provider without a new competitive process.
- Authorizes local governments to adopt their own ordinances, resolutions, or regulations to carry out these new requirements.
Who it affects
County and municipal governments across Georgia, especially their purchasing and public works offices, along with architects, professional engineers, land surveyors, landscape architects, and interior designers who contract with local governments on construction and infrastructure projects.
Why it matters
Local governments would have to switch from simple cost-comparison bidding to a more involved, qualifications-based hiring process for design and engineering professionals on many projects, changing how construction and infrastructure contracts get awarded and potentially affecting which firms win the work.
Key provisions
- Section 1 and 2 amend O.C.G.A. §§ 32-4-63 and 32-4-113 so counties and municipalities must use the new qualifications-based process (O.C.G.A. § 36-91-3) instead of the two-estimate rule for professional services contracts.
- Section 3 creates O.C.G.A. § 36-91-3, requiring local governments to use the state's professional-services process for projects above the cost thresholds in O.C.G.A. § 50-22-2(5), and sets rules for sole responses, on-demand contracts, and existing provider relationships.
- Section 5 redefines 'agency' in O.C.G.A. § 50-22-2 to mean a state agency or local government, adds a definition of 'local government,' and updates 'principal representative' to include local government officials.
- Section 5 also clarifies a 'project' means one with a preliminary construction cost estimate over $1 million or professional services costs over $75,000.
- Section 8 authorizes local governments to adopt their own ordinances, resolutions, or regulations to implement the new requirements, alongside the state agency rulemaking authority.
- Section 9 sets the effective date as July 1, 2026.
From the bill
“The purpose of this Code section is to provide the competitive process for local governments to acquire professional services on the basis of demonstrated competence and qualification for the type or types of professional services required at fair and reasonable fees.”
“No local government shall require cost estimates for professional services as part of, or concurrent with, the submission of information required by Code Section 50-22-4 or prior to the commencement of negotiations”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Matt Reeves (R, HD-099)
- 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)
Topics
- local government contracting
- public works bidding
- professional services procurement
- county and municipal government
- engineering and architecture contracts