Title 50, Chapter 6, Section 25
( 50-6-25)
(a)(1) The state auditor shall maintain statistics on all
architectural and engineering firms doing business with the
various departments, agencies, 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, 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, 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, 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. |