Bill Text: GA SB77 | 2011-2012 | Regular Session | Introduced

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Bill Title: Administrative Services; specified preference; qualified business enterprises; disabled veterans; certain types of state contracts

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-02-03 - Senate Read Second Time [SB77 Detail]

Download: Georgia-2011-SB77-Introduced.html

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11 LC 25 5784

Senate Bill 77

By: Senators Harbison of the 15th, McKoon of the 29th, Tate of the 38th, Seabaugh of the 28th and Balfour of the 9th

A BILL TO BE ENTITLED
AN ACT

To amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for a specified preference for qualified business enterprises owned and controlled by disabled veterans or disabled law enforcement officers in awarding certain types of state contracts; to define certain terms; to provide for determination of such preference; to provide for terms and conditions; to provide for qualification and certification of such business enterprises; to provide for certain offenses and punishments; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, is amended by adding a new part to read as follows:

"Part 6

50-5-138.1.

As used in this part, the term:

(1) 'Department' means the Department of Administrative Services.

(2) 'Disabled veteran or disabled law enforcement officer' means:

(A) A disabled veteran who is a permanent Georgia resident with a service-connected disability of 10 percent or greater as determined by the United States Department of Veterans Affairs or who has been terminated from military service by reason of disability by the United States Department of Defense; or

(B) A disabled former law enforcement officer who is a permanent Georgia resident with a law enforcement duty-connected disability of 10 percent or greater or who has been terminated from duty as a law enforcement officer by reason of disability by a local, state, or federal law enforcement agency.

(3) 'Law enforcement duty-connected disability' means a disability incurred or aggravated in the line of duty as a law enforcement officer of a local, state, or federal law enforcement agency.

(4) 'Law enforcement officer' means a law enforcement officer who was employed as such by a local, state, or federal law enforcement agency.

(5) 'Qualified business enterprise' means an independently owned and operated business that:

(A) Is at least 51 percent owned by one or more disabled veterans or disabled law enforcement officers;

(B) The management and daily business operations of which are controlled by one or more disabled veterans or disabled law enforcement officers or, for a disabled veteran or disabled law enforcement officer with a permanent and total disability, by the spouse or permanent caregiver of the disabled veteran or disabled law enforcement officer;

(C) Is organized to engage in commercial transactions;

(D) Is domiciled in this state;

(E) Employs 200 or fewer permanent full-time employees; and

(F) Together with its affiliates has a net worth of $5 million or less or, if a sole proprietorship, has a net worth of $5 million or less including both personal and business investments.

(6) 'Service-connected disability' means a disability incurred or aggravated in the line of duty in the active military, naval, or air service.

(7) 'Veteran' means a person who served in the active military, naval, or air service of the United States and who was discharged or released from his or her service under conditions other than dishonorable.

50-5-138.2.

(a) The department shall give a preference to any qualified bidder that is a qualified business enterprise in awarding contracts for the provision of the following types of goods and services:

(1) Operation of commissaries for state operated correction facilities;

(2) Inmate telephone companies; and

(3) State correctional officer uniforms and accessories.

Such preference shall be given in accordance with subsection (b) of this Code section.

(b) For the purpose of evaluating and determining qualified business enterprise responsive bids, 25 percent of the lowest responsive bid (the bid that would otherwise receive the contract award if the preference were not being considered) shall be deducted from all qualified business enterprise bids. If a responsive qualified business enterprise bid, less the 25 percent preference, is less than the lowest responsive bid, then the qualified business enterprise bidder shall be declared the official lowest responsive bidder. The original qualified business enterprise bid amount shall be the basis of the contract award.

(c) If during the term of the contract the contractor no longer qualifies for the preference under this Code section, or if the contract is assigned to a business entity that does not qualify for such preference, the contractor shall be required to discount its contract price by the amount of the preference it received.

(d) The request to have the preference applied to a bid and the documentation required under subsection (e) of this Code section showing eligibility for certification as a qualified business enterprise shall be submitted as part of the bid; otherwise, the preference shall not be applied.

(e) To be certified as a qualified business enterprise, the business shall:

(1) Be a qualified business enterprise;

(2) Submit an affidavit of an owner or officer of the enterprise stating that the enterprise is a qualified business enterprise;

(3) Submit such other proof as required by the department to adequately support the claim of qualification as a qualified business enterprise, including but not limited to official government agency documentation of the disability and discharge status of the disabled veteran or law enforcement officer and proof of requisite ownership and control of the enterprise;

(4) Submit any other information required by the department as reasonable and necessary proof or assurance of the applicant's claim of qualification as a qualified business enterprise for purposes of this part; and

(5) Be qualified to bid pursuant to the provisions of the department and other state agencies.

50-5-138.3.

(a) It shall be unlawful for a person to:

(1) Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a qualified business enterprise for the purposes of this part;

(2) Knowingly and willfully make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of any certification of any entity as a qualified business enterprise;

(3) Knowingly and willfully obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a qualified business enterprise;

(4) Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public moneys to which the person is not entitled under this part; or

(5) Knowingly and willfully assign any contract awarded pursuant to this part to any other business enterprise without prior written approval of the department.

(b) Any person convicted of violating any provision of this Code section shall be guilty of a felony, punishable by imprisonment for not more than five years, a fine of not more than $10,000.00, or both such imprisonment and fine.

(c) If a contractor, subcontractor, supplier, subsidiary, principal, or affiliate thereof has been found to have violated this Code section and that violation occurred within three years of another violation of this Code section, the department shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof from entering into a state project or state contract; from further bidding to a state entity; from being a subcontractor to a contractor for a state entity; and from being a supplier to a state entity.

50-5-138.4.

The department shall adopt such rules and regulations as are reasonable and necessary to implement this part."

SECTION 2.

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