12 LC 35 2618S

The House Committee on State Institutions and Property offers the following substitute to HB 816:

A BILL TO BE ENTITLED
AN ACT

To establish the "Georgia Buy American Act"; to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to provide a short title; to define certain terms; to provide for a preference for the purchase of products made in or produced in the United States; 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.

This Act shall be known and may be cited as the "Georgia Buy American Act."

SECTION 2.

Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, is amended by revising Code Section 50-5-60, relating to preference to supplies, equipment, materials, and agricultural products produced in Georgia generally and determination as to reasonableness of preference, as follows:

"50-5-60.

(a) The state and any department, agency, or commission thereof, when contracting for or purchasing supplies, materials, equipment, or agricultural products, excluding beverages for immediate consumption, 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.

(b) The state and any department, agency, commission, board, or authority thereof, when contracting for or purchasing supplies, materials, equipment, or agricultural products, 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 the United States; provided, however, that such preference for United States products shall not override or negate the preference for Georgia products provided for in subsection (a) of this Code section, such Georgia preference remaining paramount.

(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) In determining whether such a preference for Georgia products 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 state or its department, agency, or commission 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. These same considerations related to the effect on the gross domestic product and on the revenues of the United States shall be considered when determining whether a preference for United States products over products of foreign countries is reasonable in cases where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00.

(e) The state or its department, agency, or commission shall not divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this subsection.

(d)(f) Nothing in this Code section shall negate the requirements of Code Section 50-5-73 Nothing in this Code section shall contravene any treaty or law of the United States."

SECTION 3.

This Act shall become effective on July 1, 2012, and shall apply to contracts entered into on or after such date.

SECTION 4.

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