2023 CODE OF GEORGIA
Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84)
Chapter 5C - UNSOLICITED PROPOSALS FOR PUBLIC PROJECTS (§§ 50-5C-1 — 50-5C-10)
Section 50-5C-4 - Approval of unsolicited proposals

• (a) The responsible public entity may approve the project in an unsolicited proposal submitted by a private entity pursuant to Code Section 50-5C-3 as a qualifying project. Determination by the responsible public entity of a qualifying project shall not bind the responsible public entity or the private entity to proceed with the qualifying project.

• (b) Upon the responsible public entity's determination of a qualifying project as provided in subsection (a) of this Code section, the responsible public entity shall:
  • (1) Seek competing proposals for the qualifying project by issuing a request for proposals for not less than 90 days; and
  • (2) Review all proposals submitted in response to the request for proposals based on the criteria established in the request for proposals.

• (c) When the time for receiving proposals expires, the responsible public entity shall first rank the proposals in accordance with the factors set forth in the request for proposal or invitation for bids. The responsible public entity shall not be required to select the proposal with the lowest price offer, but it may consider price as one of various factors in evaluating the proposals received in response to the request for proposals for a qualifying project. Factors that may be considered include:
  • (1) The proposed cost of the qualifying project;
  • (2) The general reputation, industry experience, and financial capacity of the private entity;
  • (3) The proposed design of the qualifying project;
  • (4) The eligibility of the facility for accelerated selection, review, and documentation timelines under the responsible public entity's guidelines;
  • (5) Benefits to the public;
  • (6) The private entity's compliance with a minority business enterprise participation plan;
  • (7) The private entity's plans to employ local contractors and residents; and
  • (8) Other criteria that the responsible public entity deems appropriate.

• (d) After ranking the proposals, the responsible public entity shall begin negotiations with the first ranked private entity. If the responsible public entity and the first ranked private entity do not reach a comprehensive agreement or interim agreement, then the responsible public entity may conduct negotiations with the next ranked private entity. This process shall continue until the responsible public entity either voluntarily abandons the process or executes a comprehensive agreement or interim agreement with a private entity.

• (e) At any time during the process outlined in this Code section but before full execution of a comprehensive agreement, the responsible public entity may, without liability to any private entity or third party, cancel its request for proposals or reject all proposals received in response to its request for proposals, including the unsolicited proposal, for any reason whatsoever.

• (f) Nothing in this chapter shall enlarge, diminish, or affect the authority, if any, otherwise possessed by the responsible public entity to take action that would impact the debt capacity of the State of Georgia. The credit of this state shall not be pledged or loaned to any private entity. The responsible public entity shall not loan money to the private entity in order to finance all or a portion of the qualifying project. All power or authority granted by this chapter to public entities shall be in addition to and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. The limitations imposed by this chapter shall not affect the powers conferred by any other general, special, or local law and shall apply only to the extent that a public entity elects to proceed under this chapter. A multiyear lease entered into by the state as lessee under this Code section which is not terminable at the end of each fiscal year during the term of the lease shall be subject to and comply with the provisions of Code Section 50-16-41, specifically including compliance with any multiyear contract value authority adopted by the Georgia State Financing and Investment Commission for each fiscal year.

Added by 2015 Ga. Laws 72,§ 3, eff. 5/5/2015.