Debate over mandating qualifications‑based selection for local governments dominates subcommittee hearing

Representative Reeves presented House Bill 152 to the subcommittee as a mandate to require cities and counties to use qualifications‑based selection (QBS) when procuring architecture, engineering and other specified professional services. Reeves said the bill would extend procurement rules that states and many federal agencies already use and emphasized local discretion over qualifications.

‘‘This is a bill about the city and the county level,’’ Representative Reeves said, adding the proposal mirrors the federal Brooks Act and the state’s existing practice for state agencies. He told the committee the bill exempts certain professional services from traditional bidding requirements and would require local governments to use QBS for designated procurements, with an effective date in 2026 to allow time for transition.

The hearing drew sustained, divided testimony. Supporters — including Kenneth Scott Gordon, who identified himself as Cherokee County’s General Services Agency director and a registered architect, Michael Sullivan of the Association of Consulting Engineers and Contractors of Georgia (ACCEC Georgia), Taylor Anderson of Blue Landworks and Cedric Clark of Southeastern Engineering — argued QBS focuses selection on qualifications and protects public safety, lowers long‑term costs, and yields better outcomes on complex projects.

Gordon said QBS ‘‘only change[s] when we evaluate the fee. You’re still evaluating the qualifications,’’ and described QBS as appropriate for specialized projects where expertise affects life‑safety and long‑term costs.

Opponents included Kaylen Day of the Association County Commissioners of Georgia (ACCG) and Ted Burgess, Fayette County chief of procurement. ACCG officials said QBS can impose ‘‘a much higher administrative burden’’ on smaller counties that lack dedicated procurement staff; they also raised concerns that withholding cost proposals until negotiations could make it harder for small jurisdictions to determine fair market prices.

ACCG presented survey results it said showed varied local procurement practices: 65 counties responded (about 40 percent of counties), and among respondents 48 percent said they primarily use traditional RFPs that include qualifications and price, 31 percent negotiate professional services contracts, 8 percent primarily use low‑bid methods (mostly very small counties), and 5 percent primarily use QBS.

Witnesses from municipal and contracting groups expressed mixed views. Jim Thornton of the Georgia Municipal Association said GMA is ‘‘not opposed’’ and favors voluntary adoption, while ACCEC Georgia’s Michael Sullivan said the measure has been refined over 10 years and that mandatory QBS is necessary to avoid low‑bid outcomes that he said have produced schedule delays, change orders and — in rare instances cited by Sullivan — safety problems.

Committee members asked about definition gaps in the bill. Representative Sanchez asked what ‘‘existing working relationship’’ means in the bill’s text; witnesses said that phrase was intentionally left to the sole discretion of local governments, but committee members pressed for clarity.

The subcommittee did not take a final vote on House Bill 152; the sponsor said the item would proceed to full committee consideration at a later date.

Ending: The hearing laid out competing views — proponents arguing QBS protects taxpayers and public safety on complex projects, opponents cautioning about administrative costs and loss of price visibility for small local governments. The subcommittee held the bill for further consideration rather than voting.