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O.C.G.A. § 32-2-65 — Advertising for bids | Georgia Code
O.C.G.A. § 32-2-65 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 2. Department of Transportation, 32-2-1 through 32-2-81.

ARTICLE 4 EXERCISE OF POWER TO CONTRACT GENERALLY

32-2-65. Advertising for bids.

  1. On all contracts required to be let by public bid, the commissioner shall advertise for competitive bids for at least two weeks; the public advertisement shall be inserted once a week in such newspapers or other publications, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the publication of the first insertion; provided, however, that the advertisement requirement provided in this Code section shall be satisfied by posting the required information on the department's website for the required time period.
  2. Such advertisement shall include but not be limited to the following items:
    1. A description sufficient to enable the public to know the approximate extent and character of the work to be done;
    2. The time allowed for performance;
    3. The terms and time of payment, including a statement that final payment of amounts withheld or deposited in escrow need not be made until the issuance of the chief engineer's certification of satisfactory completion of work and acceptance thereof, as provided in Code Sections 32-2-75 through 32-2-77;
    4. Where and under what conditions and costs the detailed plans and specifications and proposal forms may be obtained;
    5. The amount of the required proposal guaranty;
    6. The time and place for submission and opening of bids;
    7. The right of the department to reject any one or all bids; and
    8. Such further notice as the department may deem advisable as in the public interest.

(Ga. L. 1949, p. 373, § 3; Code 1933, § 95A-806, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1994, p. 591, § 6; Ga. L. 2018, p. 372, § 2/SB 445.)

The 2018 amendment, effective July 1, 2018, added the proviso at the end of subsection (a).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1950, p. 62, as amended, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

Judicial notice that construction be done by independent contractors.

- In a suit by a property owner for damage to property caused by highway construction, the requirement that competitive bids be taken on highway maintenance and construction contracts does not require the court to take judicial notice of the fact that the construction was done by an independent contractor. Richmond County v. Williams, 109 Ga. App. 670, 137 S.E.2d 343 (1964) (decided under former Ga. L. 1950, p. 62, as amended).

OPINIONS OF THE ATTORNEY GENERAL

Letting one-bid projects, limited negotiation with certain bidders, and letting to second-low bidders are now legal under O.C.G.A. § 32-2-69 and can be included in the "advertised specifications," whether that term can be applied to the standard specifications themselves or whether the three identified circumstances must be specifically referenced in the actual advertisement of the project. 1986 Op. Att'y Gen. No. 86-21.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.