Georgia Commons

House · Engrossed · 2025-2026 Regular Session

HB 377: Buildings and housing; manufactured homes; provisions

Last action March 3, 2026 · Senate Passed/Adopted By Substitute

A Georgia Senate substitute for HB 377 would require counties and municipalities to use the state's qualifications-based selection process when hiring architects, engineers, surveyors, landscape architects, and interior designers for larger projects.

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In plain language

Currently, Georgia counties and municipalities generally must get at least two cost estimates before awarding contracts between $20,000 and $250,000, and state agencies already follow a separate qualifications-based process under O.C.G.A. Chapter 22 of Title 50 when hiring architects, engineers, and similar professionals. This bill extends that state process to local governments. It creates a new Code Section 36-91-3 requiring counties, municipalities, and consolidated governments to select architects, interior designers, land surveyors, landscape architects, and professional engineers based on qualifications rather than low bids, for projects above the cost thresholds set in the state's professional services law. The bill also updates definitions in Chapter 22 of Title 50 so that 'agency' includes both state agencies and local governments, and it exempts these professional services contracts from the old two-estimate requirement. Local governments would be allowed to negotiate directly if only one qualified firm responds, use multiparty on-demand contracts, and expand existing provider relationships without a new competition. The changes take effect July 1, 2027.

What the bill does

  • Requires counties and municipalities to use a qualifications-based selection process, not a low-bid or two-estimate process, when hiring architects, engineers, surveyors, landscape architects, or interior designers above set cost thresholds.
  • Creates a new Code section (O.C.G.A. § 36-91-3) laying out how local governments must advertise, evaluate, and negotiate contracts for these professional services.
  • Exempts these professional services contracts from the existing rule requiring at least two cost estimates for county and municipal contracts between $20,000 and $250,000.
  • Expands Georgia's existing state professional services law (O.C.G.A. Chapter 22 of Title 50) so its rules and definitions now cover local governments as well as state agencies.
  • Allows local governments to negotiate directly with a sole responding firm, enter multiparty on-demand contracts, and expand work with an existing provider without a new competitive process.
  • Sets an effective date of July 1, 2027.

Who it affects

Counties, municipalities, and consolidated governments in Georgia that hire architects, professional engineers, land surveyors, landscape architects, or interior designers; those professional firms seeking public contracts; and state agencies whose existing procurement rules under Chapter 22 of Title 50 are being extended to cover local governments.

Why it matters

Local governments would have to change how they hire design and engineering professionals, moving from a cost-estimate-based approach toward selecting firms based on qualifications first and negotiating fees afterward. This could affect which firms win public design and construction-related contracts and how quickly local projects move forward.

Key provisions

  • Section 1 and 2 revise O.C.G.A. §§ 32-4-63 and 32-4-113 so county and municipal contracts for architects, engineers, surveyors, landscape architects, and interior designers are no longer subject to the two-estimate rule and must instead follow the new Section 36-91-3 process.
  • Section 3 adds O.C.G.A. § 36-91-3, requiring local governments to select these professionals based on demonstrated competence and qualifications, sets rules for single-response situations, bars requiring cost estimates before negotiations, and allows multiparty on-demand contracts.
  • Section 4 amends O.C.G.A. § 50-22-1 to state that the purpose of the professional services law now includes managerial control by local governments, not just the state.
  • Section 5 revises definitions in O.C.G.A. § 50-22-2, redefining 'agency' to include local governments and adding a definition of 'local government' as a county, municipality, or consolidated government.
  • Section 5 also changes the 'project' definition so a project is one with a preliminary construction cost estimate over $1 million or professional service costs over $75,000.
  • Sections 6 through 8 update O.C.G.A. §§ 50-22-4, 50-22-7, and 50-22-8 to apply existing state selection procedures, exemptions, and rulemaking authority to local governments alongside state agencies.
  • Section 9 sets the effective date as July 1, 2027.

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.

States the goal of the new qualifications based selection process for local governments.

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 pursuant to Code Section 50-22-6.

Bars local governments from demanding cost estimates before or during the professional selection process.

Status timeline

  1. 2026-03-03Senate Passed/Adopted By Substitute (Senate)
  2. 2026-03-03Senate Third Read (Senate)
  3. 2026-02-12Senate Committee Favorably Reported By Substitute (Senate)
  4. 2026-01-28Senate Withdrawn & Recommitted (Senate)
  5. 2026-01-12Senate Recommitted (Senate)
  6. 2026-01-12Senate Taken from Table (Senate)
  7. 2025-04-02Senate Tabled (Senate)
  8. 2025-03-31Senate Committee Favorably Reported By Substitute (Senate)
Show full history (18 actions)
  1. 2025-03-28Senate Recommitted (Senate)
  2. 2025-03-18Senate Read Second Time (Senate)
  3. 2025-03-13Senate Committee Favorably Reported (Senate)
  4. 2025-03-03Senate Read and Referred (Senate)
  5. 2025-02-28House Passed/Adopted (House)
  6. 2025-02-28House Third Readers (House)
  7. 2025-02-20House Committee Favorably Reported (House)
  8. 2025-02-12House Second Readers (House)
  9. 2025-02-11House First Readers (House)
  10. 2025-02-10House Hopper (House)

Sponsors

  • Rob Leverett (R, HD-123)Primary sponsor
  • James Burchett (R, HD-176)
  • Josh Bonner (R, HD-073)
  • Will Wade (R, HD-009)
  • Spencer Frye (D, HD-122)
  • Carl Gilliard (D, HD-162)
  • Ed Setzler (R, SD-037)

Votes

  1. PassedHouse voteFebruary 28, 2025

    166 yea, 0 nay (5 not voting, 9 absent)

    Passage: House Vote #118

  2. PassedSenate voteMarch 3, 2026

    45 yea, 6 nay (1 not voting, 3 absent)

    Passage By Substitute: Senate Vote #602

Topics

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

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