Bill Text: GA SB492 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State Purchasing; require state contract awards for heavy equipment follow certain specific procedures

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-07-01 - Effective Date [SB492 Detail]

Download: Georgia-2011-SB492-Introduced.html

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12 LC 34 3381

Senate Bill 492

By: Senator Mullis of the 53rd

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to require that state contract awards for heavy equipment follow certain specific procedures; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, is amended by revising subsection (b) as follows:

"(b)(1) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected.

(2)(A) When the commissioner of administrative services determines it to be in the best interest of the state, based upon various factors, including, but not limited to, total life cycle cost of ownership, machine performance and durability, resale value, and product support capability, contracts for the purchase of heavy equipment may be awarded to one or more qualified bidders. All bidders shall be required to submit a complete bid package, be the exclusive dealer for a leading heavy equipment manufacturer, and maintain a state-wide product support system with facilities located throughout this state. All bidders may submit a bid using a guaranteed minimum discount percentage off of the manufacturer's suggested consumer list price or a fixed dollar price for the heavy equipment. In addition, bidders may add additional equipment with a guaranteed minimum discount percentage off of the manufacturer's suggested consumer list price in the bid in order to increase the options available to the state.

(B) As used in this paragraph, the term 'heavy equipment' means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines, weighing 5,000 pounds or more and primarily employed for construction, industrial, maritime, mining, or forestry use. The term shall not include:

(i) Motor vehicles requiring registration and a certificate of title;

(ii) Farm machinery, equipment, or implements; or

(iii) Equipment that is considered consumer goods, as that term is defined in Code Section 11-9-102."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.