The Repository of State Practices (RoSP) is a database of state procurement statutes, regulations, and policies. NASPO’s Research and Innovation team continually update the RoSP. Best Value Procurement best-value-procurement rosp_category State authority to conduct best value procurement (BVP) raw GA ADC 672-18-.02 & GA ADC 665-2-4-.02. Bid Protest bid-protest rosp_category Statutory, regulatory, and procedural guidance for bid protests raw GA ADC 665-2-11-.07; GA ADC 672-21-.02; GA ADC 672-17-.07; GPM 6.5.1 – 6.5.10
State has several protest procedures:
(1) For IT Procurement see: GA ADC 665-2-11-.07;
(2) For certain Department of Transportation procurements see all of chapter GA ADC 672-21;
(3) Department of Transportation public-private partnerships see: GA ADC 672-17-.07
(4) Department of Administrative Services procurements see Sections 6.5.1 – 6.5.10 of Georgia Procurement Manual
Statutory Guidance Bid Responsiveness bid-responsiveness rosp_category Statutory, regulatory, and procedural guidance for bid responsiveness raw Georgia Procurement Manual 5.6.2.1. Responsive
Responsive” means the supplier, whether a company or an individual, has submitted a timely offer which materially conforms to the requirements and specifications of the solicitation. The supplier’s response must be considered responsive to be eligible for status as a qualified contractor in the event of an RFQCClosed or for contract award in the event of an RFQClosed or RFPClosed. The state entity is permitted to waive minor informalities in the supplier’s response as well as certain administrative requirements, if doing so is in the best interest of the state. In the event a supplier’s response is determined to deviate from the requirements, the state entity must determine whether the deviation is material. A material deviation will be cause for rejection of the supplier’s response. An immaterial deviation will be processed as if no deviation had occurred. If a supplier is determined to be non-responsive, this determination must be made in writing and maintained as part of the procurement file. The results of the evaluation process will be published as discussed in Chapter 6 – Stage 6 – Award Process.
http://pur.doas.ga.gov/gpm/MyWebHelp/GPM_Main_File.htm Public Link: Yes Bidder Responsibility bidder-responsibility rosp_category Statutory, regulatory, and procedural guidance for bidder responsibility raw GA ST § 36-91-2
(13) “Responsible bidder” or “responsible offeror” means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements.
https://advance.lexis.com/documentpage/ Public Link: Yes Evaluation Committees evaluation-committees rosp_category The rules concerning the size and composition of evaluation committees for formal solicitations raw GPM 5.4
GPM 5.4. Step 3 – State Finalizes the Evaluation Committee
In determining whether or not to use an evaluation committee, the issuing officer should consider whether he/she possesses sufficient knowledge to evaluate the suppliers’ responses. However, for all RFPs and for any RFQCs which include scoring, the issuing officer must use an evaluation committee and the evaluation committee must include at least three members. It is essential that the issuing officer manage the entire evaluation process and serve as an ex-officio member of the evaluation committee to facilitate the solicitation process.
Once the solicitation has closed and before the issuing officer releases any of the suppliers’ responses to the evaluation committee, the issuing officer must determine whether any members of the evaluation committee may have a conflict of interest (e.g. current employment with the supplier, significant financial interest, litigation other dispute, etc.) based on the identity of one or more suppliers that submitted a response.
Any individual determined to have a conflict of interest cannot participate on the evaluation committee and must be excused from further participation in the evaluation process. The issuing officer may need to identify one or more additional individuals to serve on the evaluation committee as needed in the event one or more committee members are unable to serve due to conflicts of interest.
Finally, before beginning the evaluation process, the issuing officer must confirm that all members of the evaluation committee have signed SPD-SP039 Evaluation Committee Member Participation. The signed forms must be maintained as part of the procurement file.
https://pur.doas.ga.gov/gpm/MyWebHelp/GPM_Main_File.htm Public Link 1: All RFPs, and any RFQCs which include scoring, must use an evaluation committee consisting of at least three members. Issuing officer serves as an ex-officio member of the evaluation committee to facilitate the solicitation process. Goods and Services Procurement goods-and-services-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of goods and services raw GA ST § 50-5-57
The Department of Administrative Services shall have the power and authority and it shall be the department’s duty, subject to this part, to contract for the purchase, lease, or other mode of acquisition of all supplies, materials, services other than professional and personal employment services, and equipment required by the state. After sources of supply have been established by contract under competitive bidding and certified by the Department of Administrative Services to the different departments, institutions, and agencies of the state as provided for in this part, the institutions, agencies, or departments of the state shall make requisition on blanks to be approved by the Department of Administrative Services for such supplies, materials, and equipment required by them from the supply so certified and, except as otherwise provided for or unless the departments, institutions, and agencies of the state obtain written authority from the Department of Administrative Services to do so, it shall be unlawful for any of them to purchase any supplies, materials, or equipment from sources other than as certified to them by the Department of Administrative Services. One copy of the requisition shall be sent to the Department of Administrative Services when the same is issued.
https://advance.lexis.com/documentpage/ Public Link: Central Procurement Office Procurement Website procurement-website rosp_category Official state procurement website for public raw http://doas.ga.gov/ Public Link: Protest Appeals protest-appeals rosp_category Statutory, regulatory, or procedural guidance for protest appeals before a specialized body raw Georgia Procurement Manual 6.5.11
Table 6.10 Parties Eligible to Request Formal Review
If the protest concerns:
Challenge to Competitive Solicitation Process
Then, the following parties may appeal the resulting protest decision:
-The supplier filing the protest.
-Any supplier adversely impacted by the protest decision provided the supplier is interested in and capable of providing the goods/services at issue.
-The state entity identified in the solicitation.
If the protest concerns:
Challenge to Sole Source Notice
Then, the following parties may appeal the resulting protest decision:
-The supplier filing the protest.
-The identified sole source supplier.
-The state entity identified in the sole source notice.
If the protest concerns:
Challenge to Results of RFQC
Then, the following parties may appeal the resulting protest decision:
-The supplier filing the protest.
-Any supplier adversely impacted by the protest decision provided that supplier submitted a timely response to the RFQC.
-The state entity identified in the RFQC.
If the protest concerns:
Challenge to an Intended or Actual Contract Award
Then, the following parties may appeal the resulting protest decision:
-The supplier filing the protest.
-Any supplier adversely impacted by the protest decision provided that supplier submitted a timely response to the solicitation.
-The state entity identified in the solicitation.
Any request for formal review must be submitted to the DOAS Commissioner via e-mail at protests@doas.ga.gov. Such request for formal review must be received by the DOAS Commissioner within three business days of the issuance of the protest decision. The request for formal review must be in writing and will identify any errors in the protest decision as well as the factual and legal grounds upon which reversal or modification of the protest decision is deemed warranted. The parties involved in the protest have a right to a hearing before the DOAS Commissioner. If a hearing is requested, the DOAS Commissioner, or designee, shall issue a Procedural Order, scheduling and providing details for a hearing.
The parties may submit documentary evidence and witness testimony in the form of affidavits prior to the hearing. The DOAS Commissioner may solicit additional information from the parties at any time prior to the issuing of the final decision. Issues not raised in the initial protest or issues not raised in the initial request for formal review may, at the discretion of the DOAS Commissioner, be deemed voluntarily relinquished. The protesting party may request that the hearing be conducted before a court reporter. Such request must be in writing and include an agreement by the protesting party that it shall secure and pay for the court reporting services for such hearing. To be made part of the record, the original transcript of any such proceedings shall be submitted to the DOAS Commissioner as soon as the transcript is available, without cost. The DOAS Commissioner will make a decision on the protest as expeditiously as possible after receiving all relevant requested information. The decision of the DOAS Commissioner will be the final DOAS action regarding the protest. No motion for reconsideration shall be considered.
https://pur.doas.ga.gov/gpm/MyWebHelp/GPM_Main_File.htm Public Link: Other Public Notice public-notice rosp_category The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals raw GPM 3.5.2.1 & O.C.G.A. § 50-5-67 (a)
GPM 3.5.2.1
The posting and closing dates of a solicitation are used to determine the total public posting period. Solicitations must remain publicly posted for a minimum period of time depending on the estimated dollar value of the contract. The procurement professional may increase the posting time period as needed.
Table 3.5
Public Posting Guidelines
If the Estimated Contract Value is…Then, the Posting Period is…
Up to $24,999.990: Days (No competitive bid posting is required)
$25,000 – $99,999.99: Minimum of Three (3) Business Days
$100,000 – $249,999.99: Minimum of Five (5) Business Days NOTE: GA Law mandates NOIA is to be posted for all bids $100,000 or greater.
$250,000 or more: Minimum of Fifteen (15) Calendar Days (mandated by Georgia law)
All solicitations for construction/public works contracts: Minimum of Thirty (30) Calendar Days (mandated by Georgia law)
O.C.G.A. § 50-5-67
(a) If the total requirement of any given commodity will involve an expenditure in excess of $250,000.00, sealed bids shall be solicited by advertisement in the Georgia Procurement Registry established under subsection (b) of Code Section 50-5-69 and in addition may be solicited by advertisement in a newspaper of state-wide circulation at least once and at least 15 calendar days, except for construction projects which shall have 30 calendar days allowed, prior to the date fixed for opening of the bids and awarding of the contract.
https://pur.doas.ga.gov/gpm/MyWebHelp/GPM_Main_File.htm Public Link 1: https://advance.lexis.com/documentpage/ Public Link 2: Minimum posting period is dictated by estimated contract value.$25,000 – $99,999.99: Minimum of Three (3) Business Days$100,000 – $249,999.99: Minimum of Five (5) Business Days$250,000 or more: Minimum of Fifteen (15) Calendar Days (mandated by Georgia law)All solicitations for construction/public works contracts: Minimum of Thirty (30) Calendar Days (mandated by Georgia law) Reverse Auctions reverse-auctions rosp_category State authority to conduct reverse auctions raw GA ADC 665-2-4-.02
GA ADC 665-2-4-.02(e) GTA may employ the use of on-line reverse auctions to arrive at the lowest price. This solicitation method will satisfy any requirement necessitating a competitive sealed bidding. The names of the bidders may be held in confidence until the award of the contract.
http://rules.sos.ga.gov/GAC/665-2-4-.02 Public Link: Partial Authorization State Procurement Manual state-procurement-manual rosp_category Official state procurement manual available to public raw http://pur.doas.ga.gov/gpm/MyWebHelp/GPM_Main_File.htm Public Link: State Statutes and Regulations state-statutes-and-regulations rosp_category State databases of statutes and regulations raw https://advance.lexis.com/container Resource Public Link 1: Resource 1: Title 50. State GovernmentChapter 5. Department of Administrative ServicesArticle 3. State Purchasing https://rules.sos.state.ga.us/gac/ Resource Public Link 2: Resource Public Link 1: https://advance.lexis.com/container State-Wide Contracts state-wide-contracts rosp_category Awarded contracts as provided by each state raw http://doas.ga.gov/state-purchasing/statewide-contracts State-Wide Contracts Link: Supplier Registration supplier-registration rosp_category Information for suppliers as provided by each state raw http://doas.ga.gov/state-purchasing/supplier-services/getting-started-as-a-supplier Supplier Registration Link: Technology Procurement technology-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of technology raw GA ST § 50-5-51 Other