Georgia Code, Title 32, Chapter 2, Article 4 - Exercise of Power to Contract Generally

• § 32-2-60 - Authority to Contract; Form and Content of Construction Contracts; Federal-Aid Highway Contracts; Bonds
  (a) The department shall have the authority to contract as set forth in this article and in Code Section 32-2-2. All department construction contracts...
• § 32-2-61 - Limitations on Power to Contract
  (a) The department is expressly prohibited from making or contracting any debts or entering into any contract for which it does not have sufficient...
• § 32-2-62 - Approval by Board of Advertising of Nonnegotiated Construction Contracts; Factors to Be Considered by Board
  The advertising of all nonnegotiated department construction contracts shall have the prior approval of the board. When the board is not in session, the...
• § 32-2-63 - Authority of Commissioner to Execute Contracts and Authority Lease Agreements
  The commissioner shall have full authority to execute contracts and authority lease agreements on behalf of the department whenever such contracts or agreements have...
• § 32-2-64 - Required Letting of Contracts by Public Bid; Posting Bid on Department Website Sufficient
  Except as authorized by subsection (d) of Code Section 32-2-61, all department construction and maintenance contracts shall be let by public bid. For purposes...
• § 32-2-65 - Advertising for Bids
  (a) On all contracts required to be let by public bid, the commissioner shall advertise for competitive bids for at least two weeks; the...
• § 32-2-66 - Prequalifications of Contractors and Subcontractors
  In order to establish a list of reliable persons qualified to bid on a department contract or to subcontract with such persons and to...
• § 32-2-67 - Payment by Bidder to Cover Costs
  A bidder shall be required to pay to the department a reasonable sum sufficient to cover the cost to the department of copies of...
• § 32-2-68 - Proposal Guaranty by Bidder
  (a) No bid will be considered by the department unless it is accompanied by a proposal guaranty in the form of a certified check...
• § 32-2-69 - Bidding Process and Award of Contract
  (a) Except as authorized by Code Sections 32-2-79 and 32-2-80, the department shall award the contract to the lowest reliable bidder, provided that the...
• § 32-2-70 - Bonds of Successful Bidder
  Where the contract price exceeds $100,000.00, no department construction contract shall be valid unless the contractor first gives: (1) The performance and payment bonds...
• § 32-2-71 - Failure of Successful Bidder to Sign Contract or Furnish Bonds
  If the successful bidder fails to sign the contract or furnish the bonds or policies required by Code Section 32-2-70, the proposal guaranty will...
• § 32-2-72 - Oath by Successful Bidder
  A successful bidder, before commencing the work, shall execute a written oath, as required by subsection (e) of Code Section 36-91-21, stating that he...
• § 32-2-73 - Supplemental and Extension Agreements
  The department shall be authorized to execute supplemental agreements to the original contract covering changes or revised or new unit prices and items and...
• § 32-2-74 - Effect of Federal Laws on Code Sections 32-2-60 Through 32-2-73; Power of Department to Secure Benefits of Federal-Aid Program
  (a) Nothing in Code Sections 32-2-60 through 32-2-73 is intended to conflict with any federal law; and, in case of such conflict, such portion...
• § 32-2-75 - Contract Clauses for Retainage of Amounts Constituting a Percentage of Gross Value of Completed Work; Time of Final Payment of Retained Amounts to Contractor
  (a) As used in this Code section and Code Sections 32-2-76 and 32-2-77, the term: (1) "Engineer" means the chief engineer or the engineer...
• § 32-2-76 - Contract Clauses Providing for Escrow Agreements; Mandatory Provisions of Escrow Agreements
  (a) In lieu of the retained amounts provided for in Code Section 32-2-75, the state is authorized to insert a clause in the specifications...
• § 32-2-77 - Liability of Treasurer of the Department or Other Appropriate Authority and State to Contractor or Surety
  Neither the treasurer of the department or the appropriate authority nor the state shall be liable to the contractor or his surety for the...
• § 32-2-78 - Definitions
  As used in this Code section and Code Sections 32-2-79 and 32-2-80, the term: (1) "Participating local governing authority" includes the governing authority of...
• § 32-2-79 - Reporting on Congestion Mitigation; Letting of Projects
  (a) The staff of the department shall jointly identify and report to the board by July 31 of each odd-numbered year those projects on...
• § 32-2-80 - Evaluation of Participation in Financing Projects; Public Comments; Funding; No Delegation of Eminent Domain; Performance and Payment Security
  (a) (1) The department shall evaluate a project to determine, in the judgment of the department, appropriate or desirable levels of state, local, and...
• § 32-2-81 - "Design-Build Procedure" Defined; Procedures for Utilization; Limitation on Contracting; Summary Projects
  (a) As used in this Code section, the term "design-build procedure" means a method of contracting under which the department contracts with another party...

Last modified: October 14, 2016