Bill Text: GA SB447 | 2009-2010 | Regular Session | Engrossed
Bill Title: State; preference to in-state materialmen, contractors, builders, when preference does not impair quality and cost considerations
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2010-07-01 - Effective Date [SB447 Detail]
Download: Georgia-2009-SB447-Engrossed.html
10 LC 28 5202S
(SCS)
Senate
Bill 447
By:
Senators Bulloch of the 11th, Tolleson of the 20th, Rogers of the 21st, Williams
of the 19th, Hill of the 4th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 1 of Chapter 10 of Title 13 of the Official Code of
Georgia Annotated, relating to bonds for contracts for public works in general,
so as to provide certain contractual and purchasing preferences for materials
and in letting contracts to materialmen, contractors, builders, architects,
engineers, and laborers who reside within this state; to provide standards for
construction projects; to amend Title 20 of the Official Code of Georgia
Annotated, relating to education, so as to provide certain contractual and
purchasing preferences for vendors who reside within this state; to provide for
related matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia
Annotated, relating to bonds for contracts for public works in general, is
amended by adding a new Code section to read as follows:
"13-10-3.
(a)
Whenever the state contracts for the doing of a public work, it shall give
preference in the purchase of materials and in letting contracts to materialmen,
contractors, builders, architects, engineers, and laborers who reside within
this state whenever such material can be purchased or the services of such
materialmen, contractors, builders, architects, engineers, and laborers can be
employed at no greater expense than that which the state would incur if such
purchase was made from, contract let to, or employment given to a person
residing beyond the limits of this state. For the purpose of determining
residency under this subsection, a Georgia resident business shall include any
business that regularly maintains a place from which business is physically
conducted in Georgia for at least one year prior to any bid or proposal
submitted pursuant to this Code section or a new business that is domiciled in
Georgia which regularly maintains a place from which business is physically
conducted in Georgia; provided, however, that a place of business shall not
include a post office box, site trailer, or temporary structure. However, these
requirements shall in no way impair the ability of the state to compare the
quality of materials proposed for purchase and to compare the qualifications,
character, responsibility, and fitness of materialmen, contractors, builders,
architects, engineers, and laborers proposed for employment in its consideration
of the purchase of materials or employment of persons. This subsection shall
not apply to transportation projects for which federal aid funds are
available.
(b)
Whenever the state contracts for the doing of a public work, materialmen,
contractors, builders, architects, engineers, and laborers resident in the State
of Georgia are to be granted the same preference over materialmen, contractors,
builders, architects, engineers, and laborers resident in another state in the
same manner, on the same basis, and to the same extent that preference is
granted in awarding bids for the same goods or services by such other state to
materialmen, contractors, builders, architects, engineers, and laborers resident
in such other state over materialmen, contractors, builders, architects,
engineers, and laborers resident in the State of Georgia.
(c)
All state agencies, authorities, departments, commissions, boards, and similar
entities shall adhere to the policies and procedures contained in the State
Construction Manual for project management and procurement of, and contracting
for, design, construction, and other project related professional services for
all state owned buildings in Georgia funded by state bonds or other state
revenue. The State Construction Manual shall be jointly edited and posted on a
state website by the Georgia State Financing and Investment Commission and the
Board of Regents and shall be updated on a periodic basis to reflect evolving
owner needs and industry best practices after consultation with other state
agency and industry
stakeholders."
SECTION
2.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by revising Code Section 20-2-500, relating to promulgation of rules and
regulations by the State Board of Education for contracts or purchases over
$100.00, as follows:
"20-2-500.
(a)
The State Board of Education is authorized to promulgate rules and regulations
to regulate contracts or purchases which involve the aggregate sum of $100.00 or
more for or on behalf of students of any public elementary or secondary school
supported in whole or in part from public funds.
(b)(1)
Such rules shall provide that such contracts for or purchases of supplies,
materials, equipment, or agricultural products, including but not limited to
school buses but not including instructional materials or beverages for
immediate consumption, for public elementary and secondary schools supported in
whole or in part from public funds shall give preference as far as may be
reasonable and practicable to such supplies, materials, equipment, and
agricultural products as may be manufactured or produced in this state. Such
preference shall not sacrifice quality.
(2)
Such rules shall provide that, in determining whether such a preference is
reasonable in any case where the value of a contract for or purchase of such
supplies, materials, equipment, or agricultural products exceeds $100,000.00,
the local school district shall consider, among other factors, information
submitted by the bidder which may include the bidder's estimate of the
multiplier effect on gross state domestic product and the effect on public
revenues of the state and the effect on public revenues of political
subdivisions resulting from acceptance of a bid or offer to sell Georgia
manufactured or produced goods as opposed to out-of-state manufactured or
produced goods. Any such estimates shall be in writing. No local school
district shall divide a contract or purchase which exceeds $100,000.00 for the
purpose of avoiding the requirements of this paragraph.
(c)
Vendors resident in the State of Georgia are to be granted the same preference
over vendors resident in another state in the same manner, on the same basis,
and to the same extent that preference is granted in awarding bids for the same
goods or services by such other state to vendors resident therein over vendors
resident in the State of Georgia.
(c)(d)
Nothing in this Code section shall negate the requirements of Code Section
50-5-73."
SECTION
3.
This
Act shall become effective on July 1, 2010, and shall apply to all contracts
which are first advertised or otherwise given public notice on or after that
date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.