---
title: HB 377. Buildings and housing; manufactured homes; provisions
collection: bills
id: 2025-2026/hb377
cite_as: HB 377, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb377
md_url: https://georgiacommons.org/bills/2025-2026/hb377.md
text_url: https://georgiacommons.org/bills/2025-2026/hb377/text
source_url: https://www.legis.ga.gov/legislation/70139
date: 2026-03-03
status: engrossed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 1317
omitted_url: https://georgiacommons.org/bills/2025-2026/hb377.md?full=1
bill_number: HB 377
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-28
last_action: Senate Passed/Adopted By Substitute
sponsors:
- Rob Leverett
- James Burchett
- Josh Bonner
- Will Wade
- Spencer Frye
- Carl Gilliard
- Ed Setzler
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB377/2025
upstream_id: 1964525
summaries_model: claude-sonnet-5
topic_tags:
- local government contracting
- professional services procurement
- architects and engineers
- public bidding rules
- county and municipal government
---
# HB 377. Buildings and housing; manufactured homes; provisions
## Text
The Senate Committee on Government Oversight offered the following
substitute to HB 377:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state,
county, and municipal road systems, so as to revise contracting procedures related to the
acquisition of certain professional services by counties and municipalities; to amend
Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works
bidding, so as to revise contracting procedures related to the acquisition of certain
professional services by counties and municipalities; to provide definitions; to amend
Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial
control over acquisition of professional services, so as to expand such provisions to local
governments; to provide for and revise definitions; to provide for related matters; to provide
an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and
municipal road systems, is amended by revising Code Section 32-4-63, relating to limitations
on county power to contract and at least two estimates required for certain expenditures, as
follows:
"32-4-63.
(a) A county is prohibited from negotiating a contract except a contract:
(1) Involving the expenditure of less than $250,000.00;
(2) With a state agency or county or municipality with which a county is authorized to
contract in accordance with the provisions of Code Sections 32-4-61 and 32-4-62;
(3) For the purchase of those materials, supplies, and equipment necessary for the
county's construction and maintenance of its public roads and for the support and
maintenance of the county's forces used in such work, as authorized by Chapter 91 of
Title 36;
(4) Subject to Article 6 of Chapter 6 of this title, with a railroad or railway company or
a publicly or privately owned utility concerning relocation of its line, tracks, or facilities
where the same are not then located in a public road and such relocation or
grade-crossing elimination is necessary as an incident to the construction of a new public
road or to the reconstruction or maintenance of an existing public road. Nothing
contained in this paragraph shall be construed as requiring a county to furnish a site or
right of way for railroad or railway lines or tracks of public utility facilities required to
be removed from a public road;
(5) For engineering or other kinds of professional or specialized services;
(6) For emergency maintenance requiring immediate repairs to a public road, including
but not limited to bridge repairs, snow and ice removal, and repairs due to flood
conditions;
(7) Otherwise expressly authorized by law; or
(8) That is a design-build contract as provided for in Code Section 32-4-74.
(b) Except as provided for in subsection (c) of this Code section, no No contract involving
an expenditure of more than $20,000.00 but less than $250,000.00 shall be awarded under
this Code section without the submission of at least two estimates.
(c) A county shall use the process required by Code Section 36-91-3 for the acquisition of
the professional services of architects, interior designers, land surveyors, landscape
architects, and professional engineers, and the contracts for such services shall not be
subject to subsection (b) of this Code section."
SECTION 2.
Said chapter is further amended by revising Code Section 32-4-113, relating to limitations
on municipal power to contract and at least two estimates required for certain expenditures,
as follows:
"32-4-113.
(a) A municipality is prohibited from negotiating a contract except a contract:
(1) Involving the expenditure of less than $250,000.00;
(2) With a state agency or political subdivision as authorized by Code Sections 32-4-111
and 32-4-112;
(3) With a railroad or railway company or a publicly or privately owned utility as
authorized by Article 6 of Chapter 6 of this title;
(4) For engineering or other kinds of professional or specialized services;
(5) For emergency maintenance requiring immediate repairs to a public road, including
but not limited to bridge repairs, snow and ice removal, and repairs due to flood
conditions; or
(6) Otherwise expressly authorized by law.
(b) Except as provided for in subsection (c) of this Code section, no No contract involving
an expenditure of more than $20,000.00 but less than $250,000.00 shall be awarded under
this Code section without the submission of at least two estimates.
(c) A municipality shall use the process required by Code Section 36-91-3 for the
acquisition of the professional services of architects, interior designers, land surveyors,
landscape architects, and professional engineers, and the contracts for such services shall
not be subject to subsection (b) of this Code section."
SECTION 3.
Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works
bidding, is amended by adding a new Code section to read as follows:
"36-91-3.
(a) As used in this Code section, the term:
(1) 'Local government' means a county, municipality, or consolidated government.
(2) 'Professional services' shall have the same meaning as set forth in Code
Section 50-22-2.
(b) 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.
(c) Except as otherwise provided in this Code section, a local government shall use the
process provided for in Chapter 22 of Title 50 for the acquisition of professional services
for any project requiring professional services estimated by the local government to have
a cost in excess of the amounts provided in paragraph (5) of Code Section 50-22-2.
(d) The qualifications which may be considered by a local government in the evaluation
of proposals for professional services shall be determined in the sole and absolute
discretion of that local government based on the specific project for which professional
services are required and shall be set forth in the publicly advertised request for proposals.
Qualification criteria may include, but are not limited to, the ability of professional
personnel, past performance with the local government, willingness to meet time
requirements, project location, office location, the professional's current and projected
workloads, the professional's approach to the project, quality control procedures, the
volume of work previously awarded to the professional, and familiarity with local
considerations or procedures.
(e) In the event that a local government receives only one response to a request for
proposals for professional services, the local government may commence negotiations with
the sole responsive offeror upon closure of the advertised response period.
(f) 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.
(g) A local government may enter into multiparty on-demand services contracts for a
specifically delineated range of professional services with multiple providers so long as
such providers are competitively selected for such contracts based solely on qualifications
under the provisions of this Code section.
(h) A local government having a satisfactory existing working relationship, as determined
at the sole discretion of such local government, with a professional services provider may
expand the scope of those services with such provider so long as such expanded services
are within the technical competency of the existing provider. Nothing in this Code section
shall be construed to prohibit a continuing contract between a local government and a
professional services provider."
SECTION 4.
Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial
control over acquisition of professional services, is amended by revising Code Section
50-22-1, relating to purpose and policy, as follows:
"50-22-1.
The purpose of this chapter is to provide managerial control by the state and local
governments over the acquisition of the professional services provided by architects,
professional engineers, landscape architects, land surveyors, and interior designers. It is
declared to be the policy of this state to announce publicly requirements for such
professional services, to encourage all qualified persons to put themselves in a position to
be considered for a contract, and to enter into contracts for such professional services on
the basis of demonstrated competence and qualification for the types of professional
services required at fair and reasonable fees."
SECTION 5.
Said chapter is further amended by revising Code Section 50-22-2, relating to definitions, as
follows:
"50-22-2.
As used in this chapter, the term:
(1) 'Agency' means every state department, agency, board, bureau, commission, and
authority, unless otherwise exempted under the provisions of subsection (b) of Code
Section 50-22-7 a state agency or a local government.
(1.1) 'Local government' means a county, municipality, or consolidated government.
(2) 'Person' means an individual, a corporation, a partnership, a business trust, an
association, a firm, or any other legal entity.
(2.1) 'Predesign' means that phase of an activity where requirements programming, site
analysis, and other appropriate studies are conducted to develop essential information,
including cost estimates, to support and advance the decision-making process prior to the
design and implementation phases of an activity.
(3) 'Principal representative' means:
(A) The the governing board of a state agency or the executive head of a state agency;
or
(B) The governing authority or designated officer, official, or employee of a local
government
who is authorized to contract for the agency for professional services.
(4) 'Professional services' means those services within the scope of the following:
(A) The practice of architecture, as defined in paragraph (11) of Code Section 43-4-1;
(B) The practice of registered interior design, as defined in Code Section 43-4-30;
(C) The practice of professional engineering, as defined in paragraph (11) of Code
Section 43-15-2;
(D) The practice of land surveying, as defined in paragraph (6) of Code
Section 43-15-2; or
(E) The practice of landscape architecture, as defined in paragraph (3) of Code
Section 43-23-1.
(5) 'Project' means any activity requiring professional services estimated by the state
agency to have:
(A) A preliminary construction cost estimate in excess of $1 million; or
(B) Costs for professional services in excess of $75,000.00.
(6) 'State agency' means every state department, agency, board, bureau, commission, and
authority, unless otherwise exempted under the provisions of subsection (b) of Code
Section 50-22-7."
SECTION 6.
Said chapter is further amended by revising Code Section 50-22-4, relating to submission of
information to state agency by persons desiring to provide professional services and
preliminary selections, as follows:
"50-22-4.
(a) Any person desiring to provide professional services to a state an agency shall submit
to the agency a statement of qualifications and performance data and such other
information as may be required by the agency. The agency may request such person to
update such statement periodically in order to reflect changed conditions in the status of
such person.
(b) For each proposed project for which professional services are required, the principal
representative or his or her designee of the state agency for which the project is to be done
shall evaluate statements of qualifications and performance data as required in the public
notice provided for in Code Section 50-22-3 and shall conduct discussions with not less
than three persons regarding their qualifications, approaches to the project, abilities to
furnish the required professional services, anticipated design concepts, and use of
alternative methods of approach for furnishing the required professional services. The
principal representative or his or her designee shall then select not less than three nor more
than five persons deemed to be most highly qualified to perform the required professional
services after considering, and based upon, such factors as the ability of professional
personnel, past performance, willingness to meet time requirements, project location, office
location, the professional's current and projected workloads, the professional's approach,
quality control procedures, the volume of work previously awarded to the person by the
state agency, and the extent to which said persons have and will involve minority
subcontractors, with the object of effecting an equitable distribution of contracts among
qualified persons as so long as such distribution does not violate the principle of selection
of the most highly qualified person. In selection, as mentioned in this Code section,
persons who maintain an office in Georgia shall be given preference when qualifications
appear to be equal."
SECTION 7.
Said chapter is further amended by revising Code Section 50-22-7, relating to exemptions
from requirements and construction with Code Section 50-6-25, as follows:
"50-22-7.
(a) Notwithstanding any other provisions of this chapter, there shall be no public notice
requirement or utilization of the selection process as provided for in this chapter for
projects in which the state agency is able to reuse existing drawings, specifications,
designs, or other documents from a prior project by retention of the person who provided
the professional services and who prepared the original documents.
(b) Notwithstanding any other provisions of this chapter, the Board of Regents and
University System of Georgia shall be exempt from the provisions of this chapter.
(c) The provisions of Code Section 50-6-25, relating to the eligibility of architectural and
engineering firms to do business with the state, shall not be affected or superseded by the
provisions of this chapter.
(d) Notwithstanding any other provisions of this chapter, there shall be no public notice
requirement or utilization of the selection process as provided for in this chapter for
services required for the predesign phase of any state agency construction project unless
the state agency estimates the predesign phase alone to have costs for professional services
in excess of $75,000.00. No award of a contract to provide predesign services under this
exemption shall be interpreted to preclude the lawful necessity to give public notice and
use the selection process for design of projects meeting the criteria of paragraph (5) of
Code Section 50-22-2. Costs for predesign services, whether or not those services are
exempt under this subsection, shall be added to any other costs of an activity for purposes
of determining whether the activity is a project."
SECTION 8.
Said chapter is further amended by revising Code Section 50-22-8, relating to rules and
regulations, as follows:
"50-22-8.
A state agency shall be authorized to promulgate rules and regulations to carry out the
provisions of this chapter. A local government shall be authorized to adopt ordinances,
resolutions, or regulations to carry out the provisions of this chapter."
SECTION 9.
This Act shall become effective on July 1, 2027.
SECTION 10.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Engrossed (2025-02-28)
- Last action: Senate Passed/Adopted By Substitute (2026-03-03)
- Sponsors: Rob Leverett, James Burchett, Josh Bonner, Will Wade, Spencer Frye, Carl Gilliard, Ed Setzler
- Official page: https://www.legis.ga.gov/legislation/70139
> The history, votes, and amendments (1,317 characters) are at https://georgiacommons.org/bills/2025-2026/hb377.md?full=1