Bill Text: GA SB463 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Transportation Dept.; procedures for design-build contracts; revise

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2012-02-21 - Senate Read and Referred [SB463 Detail]

Download: Georgia-2011-SB463-Introduced.html

---

12 LC 39 0138

Senate Bill 463

By: Senators Hill of the 32nd, Mullis of the 53rd, Loudermilk of the 52nd, Gooch of the 51st and Miller of the 49th

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to procedures for design-build contracts with the Department of Transportation, so as to remove the requirement that the department accept the lowest bid in proposals for design-build projects; to provide for the percentage of design-build projects the department may award; to remove certain limitations on the percentage of design-build contracts the department may award; to remove certain reporting requirements of the department related to design-build proposal awards; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to procedures for design-build contracts with the Department of Transportation, is amended by revising subparagraph (d)(7)(B) and subsections (f) and (g) as follows:

"(B) A price proposal from each of the From the list of qualified firms as provided in subparagraph (A) of this paragraph., a price proposal from each firm from which the department shall select the lowest qualified bidder; provided, however, that a A proposal will only be considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section 36-91-21, under no circumstances shall the department use a 'best and final offer' standard in awarding a contract. The department may provide for a stipulated fee to be awarded to the short list of qualified proposers who provide a responsive, successful proposal. In consideration for paying the stipulated fee, the department may use any ideas or information contained in the proposals in connection with the contract awarded for the project, or in connection with a subsequent procurement, without obligation to pay any additional compensation to the unsuccessful proposers;"

"(f) In contracting for design-build projects, the department shall be limited to contracting for no more than 30 50 percent of the total amount of construction projects awarded in the previous fiscal year. After July 1, 2014, in contracting for design-build projects, the department shall be limited to contracting for no more than 15 percent of the total amount of construction projects awarded in the previous fiscal year.

(g) Not later than 90 days after the end of the fiscal year, the department shall provide to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairmen chairpersons of the House and Senate Transportation Committees a summary containing all the projects awarded during the fiscal year using the design-build contracting method. Included in the report shall be an explanation for projects awarded to other than the low bid proposal. This report shall be made available for public information."

SECTION 2.

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