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O.C.G.A. § 32-2-68 — Proposal guaranty by bidder | Georgia Code
O.C.G.A. § 32-2-68 (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

32-2-68. Proposal guaranty by bidder.

  1. No bid will be considered by the department unless it is accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the treasurer of the department for an amount deemed by the department to be in the public interest and necessary to ensure that the successful bidder will execute the contract on which he bid.
  2. A proposal guaranty will be returned to a bidder upon receipt by the department of the bidder's written withdrawal of his bid if such receipt is before the time scheduled for the opening of bids. Upon the determination by the department of the lowest reliable bidder, the department will return the proposal guaranties to all bidders except that of the lowest reliable bidder. If no contract award is made within 30 days after the date set for the opening of bids, all bids shall be rejected and all proposal guaranties shall be returned unless the department and the successful bidder agree in writing to a longer period of time.

(Code 1933, § 95A-809, enacted by Ga. L. 1973, p. 947, § 1.)

JUDICIAL DECISIONS

Forfeiture of bid bond.

- Contractor's bid bond was required to be forfeited since the contractor first attempted to withdraw the contractor's bid after all bids submitted were opened and then declined to execute the contract awarded to the contractor. DOT v. American Ins. Co., 268 Ga. 505, 491 S.E.2d 328 (1997).

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This Georgia Code resource is curated by Graham Syfert, 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.