Under current state law, counties are only required to give preference to Georgia service providers as is reasonable and practical.  Additionally, for purchases over $100,000, counties must consider the economic multiplier information supplied by the bidder of the impact that the Georgia produced goods provide.  This legislation requires counties to obtain to give preference to Georgia products and services, regardless of whether it is reasonable and practical. Counties must give preference to service providers that employee Georgia workers. All invitations to bid must include a notice that the county will consider the impact of the bid on employment in the state.  In order to be considered by the county, all bids must contain an employment impact statement that includes the number of jobs expected to be created in Georgia if the bidder receives the contract, the number of jobs expected to be retained in Georgia that might otherwise be lost if the bid is awarded to a different bidder, the number of subcontractor jobs expected if the bidder is awarded the contract, the number of subcontractor jobs expected to retained that might otherwise be lost if another bidder is awarded the contract, and a guarantee that the jobs created or retained in Georgia will not be moved out of state during the contract.  The county must require any information needed to substantiate claims by a bidder that jobs will created or retained.

This legislation addresses one of ACCG's top priorities this session. To reduce paperwork and bureaucratic morass in complying with Georgia's illegal immigration reform laws, HB 183 consolidates three local government immigration reporting mandates to one report, due once a year, to one agency; no longer mandates that businesses seeking business licenses, occupation tax certificiates  or other documents required to operate a business submit E-Verify information to local governments annually, but just once; eliminates "contracts" as a public benefit; allows those submitting documents to local governments to prove immigration status to do so by mail; and allows legal U.S. citizens to only have to prove their citizenship by affidavit once, rather than annually, to receive public benefits from the same agency. 

 

For ACCG's Sectional Summary of HB 183, please click here.   

 

For ACCG's one-stop Web shop on all things immigration for Georgia's county governments, please click here.      

This legislation requires the Department of Transportation to perform a value engineering study on any project over $50 million except for design-build projects. Currently, a value engineering study is required on all projects over $10 million.

 

This legislation also changes the total expenditures from the State Transportation Fund to exclude the following from budgeting by the department:  funds for projects earmarked by Congress, funds for projects on the Interstate System, and funds for projects on state designated freight corridor

 

This legislation requires counties to advertise all bids for goods and services over $10,000 on the Georgia Procurement Registry in the county legal organ and any other media normally used by the county including the county's website. Since the bidding and notice requirements for purchasing goods and services varies greatly from county-to-county based upon their local legislation and ordinance, this legislation may require significant additional taxpayer funds to be spent in advertising in the legal organ.

 

The legislation also requires public works contracts over $100,000 to be advertised on an "appropriate" website and on the Georgia Procurement Registry.   

This legislation prohibits counties from requiring or prohibiting contractors on public works construction projects over $100,000 to enter into pre-hire agreements, project labor agreements, collective bargaining agreements or any other agreements with labor unions.  Additionally, counties may not discriminate against bidders, contractors, or material suppliers for refusing to adhere to agreements with unions.  When an imminent threat to public health or safety occurs, the chair may require contractors, bidders, and material suppliers to adhere to such agreements if the board of commissioners holds a public hearing that special circumstances exist requiring the adherence to the union agreements.  However, the possibility of a labor dispute because of the presence of non-union contractors or subcontractors may not be considered by the board.

This legislation creates the division of Minority and Women's Business Development in the State Department of Economic Development.

Under current law, counties can only enter into multi-year agreements if they automatically terminate at the end of each calendar year (unless renewed). This legislation allows the contracts to terminate either at the end of each calendar year or at the end of the county's fiscal year unless renewed.  

This legislation prohibits county commissioners and employees who have discretion over the selection of vendors and suppliers from receiving more than $100 in gifts from lobbyists. Violation of this provision would be a misdemeanor.

This legislation prohibits counties and cities, in awarding public works contracts, from disqualifying responsible bidders based on lack of previous experience with a job of the size for which the bid proposal is being sought if:

   -   the bid or proposal is 30 percent greater in scope or cost from the responsible bidder's previous experience;

   -   the responsible bidder has experience in performing the work; and

   -   the responsible bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid or or performance bond. 

This legislation allows counties to include provisions in construction contracts over $100,000 to require the contractor to pay a penalty if the project is delayed. It also allows the contract to include an incentive for contractors to complete the contract early when the project needs to be completed as soon as possible. 

 

When a county issues a request for proposal for a construction project over $100,000 and price is not one of the evaluation factors, this legislation allows the county to choose whether to have a bid bond or not. If the county requires a bid bond, the request for proposal must specify the dollar amount of the bid bond. This legislation also corrects a technical error in the law regarding notice of commencement required to be filed by the contractor.

 

Local governments cannot require or prohibit bidders to enter into union or collective bargaining agreements.