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.
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 Comm Sub version, the latest the General Assembly's website lists.
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.”
“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.”
Discussed in meetings (10)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
Senate Rules Committee, January 27, 2026
From 0:18:32 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: A senator described the substitute as the qualifications-based selection proposal the Senate previously passed 54-1. An engineering-industry association witness said it would extend state-agency selection practices to local governments for architects, engineers, surveyors, landscape architects and interior designers. The witness said the requirements would apply when professional services are estimated at $75,000 or more, or total construction at $1 million or more, with implementation delayed to July 2027. Answering questions, the witness explained that governments would rank firms by qualifications, negotiate price with the highest-ranked firm, then move to the next if negotiations failed. The witness said the substitute would address two-bid requirements affecting road and bridge services and allow procurement to proceed with one response, helping smaller governments struggling to attract bidders. Another member questioned whether tailored qualifications could steer contracts to one firm. The witness cited recommended criteria, local control and a goal of greater competition, but did not identify a specific prohibition on steering. A member also questioned replacing the original manufactured-housing subject with procurement provisions. After discussion of the proposal’s legislative history, the chair postponed the vote until the House sponsor could attend and clarify questions.
Senate floor session, January 28, 2026 (legislative day 8)
From 2:02:19 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Withdrawn & Recommitted)
Summary by Georgia Commons: The Rules chair requested that HB 377 be withdrawn from Rules and sent to Government Oversight. The clerk read its caption, describing limited exceptions to the circumstances under which a manufactured home becomes real property. The Senate approved the committee change without objection. No discussion of the proposed exceptions followed.
Senate Government Oversight Committee, February 12, 2026
From 0:22:41 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair introduced a Senate substitute for HB 377 that replaced its previous subject. The presenting senator said it would require local governments to choose architects and engineers by qualifications before negotiating scope and fees for projects of at least $1 million, including roads and bridges. The presenter argued that low-fee selection encourages incomplete plans, safety risks and later costs, while governments could reject a fee and negotiate with the next-ranked firm. Responding to concerns about small governments and newer firms, the presenter said local governments could set their own qualification criteria and examine detailed hours, rates and expenses. One member noted that ACCG already recommends qualifications-based selection; another urged delaying action to preserve local flexibility. An ACCG witness opposed a mandate, saying smaller counties lack staff and need price comparisons. Fayette County’s procurement officer said 92% of county survey respondents did not primarily use low bids, and traditional proposals consider both qualifications and price. The officer said Fayette County generally weights technical merit at 70% and price at 30%. Asked for cost-overrun data, the officer said the survey had not collected it and described reviewing requested contract changes against the agreed scope. The committee approved the substitute, with two opposing votes counted and no affirmative count stated.
Senate Rules Committee, February 19, 2026
From 0:13:56 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair called up HB 377, noted the absence of the Senate presenter and continued discussing the scheduling of House bills. No substantive presentation or vote occurred, and the bill was not included in the approved calendar.
Senate Rules Committee, February 20, 2026
From 0:05:30 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: A senator presenting HB 377 on behalf of its sponsor described it as requiring qualifications-based selection when hiring architects and engineers. The presenter said the bill had passed the Senate the previous year. No questions or calendar action followed.
Senate Rules Committee, February 24, 2026
From 0:09:56 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter described the bill as requiring local governments to select architects and engineers based on qualifications, matching requirements the presenter said already apply at the state and federal levels. No questions followed. Later, the chair confirmed that the bill had already been covered and moved on. No vote was recorded.
Senate Rules Committee, February 25, 2026
From 0:27:02 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said the bill had been changed to establish a process for selecting architects and engineers based on qualifications. The presenter said that language had previously passed the Senate 51 to 2 in another measure. No substantive questions followed. During calendar selection, a member asked whether the bill had been presented, and the chair confirmed that it had. The committee unanimously included it on the floor calendar.
Senate Rules Committee, February 26, 2026
From 0:20:38 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: A member selected HB 377 for the floor calendar. The chair said it had been on the floor earlier that day but had been removed, and the member who previously selected it would receive the next pick at a future meeting. No substantive provisions were discussed. The committee unanimously approved the calendar containing the bill.
Senate floor session, March 3, 2026 (legislative day 26)
From 1:32:59 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)
Summary by Georgia Commons: The committee substitute replaced the manufactured-home provisions of HB 377 with rules for local governments selecting architects and engineers. The sponsor said the substitute used language the Senate had previously approved 54-1 and would emphasize qualifications rather than the lowest price. One member asked whether it could enable contracts with a single bidder or requirements written for one company. The sponsor said competitive advertising requirements would remain, but a local government could accept a qualified firm's submission when no other firms responded. The sponsor also said requirements improperly targeted at one company could be challenged in court. Asked whether a less-qualified firm could currently win by offering a slightly lower price, the sponsor said that could happen under price-based selection. The sponsor said organizations supported the proposal and that discussions had occurred with local governments over disagreements. The Senate adopted the substitute without objection and passed the bill 45-6.
Status timeline
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Withdrawn & Recommitted (Senate)
- Senate Recommitted (Senate)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
Show full history (18 actions)
- Senate Recommitted (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Rob Leverett (R, HD-123)
- James Burchett (R, HD-176)
- Josh Bonner (R, HD-73)
- Will Wade (R, HD-9)
- Spencer Frye (D, HD-122)
- Carl Gilliard (D, HD-162)
- Ed Setzler (R, SD-37)
Votes
- House voteFebruary 28, 2025
166 yea, 0 nay (5 not voting, 9 excused)
- Senate voteMarch 3, 2026
45 yea, 6 nay (1 not voting, 3 excused)
Topics
- local government contracting
- professional services procurement
- architects and engineers
- public bidding rules
- county and municipal government