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50-6-25. Maintenance of statistics on architectural and engineering firms doing business with the state; ineligibility of firms.

 
 
(a) (1)  The state auditor shall maintain statistics on all architectural and engineering firms doing business with the various departments, agencies, authorities, and public corporations of the state, except the Department of Transportation which shall be governed by paragraph (2) of this subsection. The statistics shall show the percentage of the total state business done by each such firm and shall be made available to the General Assembly and all departments, agencies, authorities, and public corporations of the state using architectural and engineering services. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis.  
 
(2) The state auditor shall include in the statistics provided for in paragraph (1) of this subsection all architectural and engineering firms doing business with the Department of Transportation. The Department of Transportation shall report its architectural and engineering contracts to the state auditor in two divisions. In the first division, such department shall report those contracts which are under a gross value of $1 million at the time of execution by the total contract amount without accounting for any subcontracts. In the second division, such department shall report those contracts with a gross value in excess of $1 million at the time of execution and shall report all subcontracts thereunder which are in excess of $25,000.00 as further provided for in this Code section. The statistics shall show the total percentage of state business done by each such firm and shall be made available to the General Assembly and the Department of Transportation. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. With respect to any contract of the Department of Transportation in excess of $1 million with an architectural or engineering firm which awards a portion of the business in an amount in excess of $25,000.00 under such contract to one or more subcontractors or joint-venture partners, such department shall report to the state auditor the amount of each subcontractor or joint-venture partner with that portion of the business awarded to such subcontractor or joint-venture partner, and such amounts shall not be listed or included as business of the Department of Transportation awarded to the architectural or engineering firm receiving the state contract. The architectural or engineering firm shall report to the Department of Transportation, as part of its preaward audit conducted by such department, the amount of business in excess of $25,000.00 under an anticipated contract which the contractor intends to award to any subcontractor or joint-venture partner, and, after verification that the information reported is correct, the Department of Transportation shall furnish such information to the state auditor. The state auditor shall revise the statistics with respect to architectural and engineering firms currently doing business with the Department of Transportation with respect to contracts outstanding on April 19, 1995, under which all services have not been performed by such architectural and engineering firms in satisfaction of the contract. Such revised statistics shall be computed in accordance with the provisions of this subsection crediting subcontractors and joint-venture partners with business awarded to them and providing that such amounts credited shall not be listed or included as business of the state awarded to the architectural or engineering firm receiving the state contract. Such revised statistics shall be provided by the contractor within 60 days of April 19, 1995, and, after such time, the state auditor shall not be required to revise such statistics.  
 
(b)  Any architectural or engineering firm which has received more than 10 percent of the total awarded for such services by the departments, agencies, authorities, and public corporations of the state during any period of 36 months, as calculated pursuant to the provisions of subsection (a) of this Code section and shown by the statistics of the state auditor, shall be ineligible to contract with any department, agency, authority, or public corporation of the state until the firm, during any period of 36 months, has been awarded less than 10 percent of the total awarded for such services; provided, however, that any architectural or engineering firm may contract with the Department of Transportation for not more than 30 percent of the total awarded for such services, 10 percent for transportation purposes, and 20 percent for tollway purposes.  
 
(Ga. L. 1970, p. 420; Ga. L. 1971, p. 811,  1; Ga. L. 1973, p. 640,  1; Ga. L. 1995, p. 912,  1; Ga. L. 2008, p. 522,  4/SB 300.)
 
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1995, "April 19, 1995," was substituted for "the effective date of this Code section" in two places in paragraph (a)(2).  
 
 
OPINIONS OF THE ATTORNEY GENERAL
 
 
Legislation required to allow Department of Transportation to exceed limitations on professional services contracts. - While the provisions of former O.C.G.A.  32-7-73 did not apply to contracts for professional services which were governed by O.C.G.A.  50-22-1 et seq., legislation is required to allow the Department of Transportation to exceed the limitations on such professional services contracts found in O.C.G.A.  50-6-25(b). 1994 Op. Att'y Gen. No. U94-14.  
 
Interaction between 10% threshhold and 30% limit. - Architectural or engineering firm which is awarded fees for such services from the state is ineligible for further state-general contracts when it exceeds the 10% threshhold, but may still contract with the Department of Transportation (DOT) for a maximum of 30% of the total amount awarded, with maximum limits of 10% for DOT-Transportation and 20% for DOT-Tollway. 1992 Op. Att'y Gen. No. 92-35.  
 
Architectural or engineering firms may be considered single firm. - In applying the eligibility requirements for doing business with the state contained in O.C.G.A.  50-6-25, architectural or engineering firms with a commonality of interest may, under certain circumstances, be considered as a single "firm." 1992 Op. Att'y Gen. No. 92-30.