O.C.G.A.
O.C.G.A.

O.C.G.A. § 36-90-8 (2019)

Immunity of local governments from antitrust liability

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The immunity from antitrust liability afforded to local governments by the provisions of Code Sections 36-65-1 and 36-65-2 shall not apply to public providers in the offering and providing of services as defined in this chapter; and public providers shall be subject to applicable antitrust liabilities, subject, however, to the provisions of the federal Local Government Antitrust Act of 1984, 15 U.S.C. Sections 34-36.

History

Code 1981, § 36-90-8, enacted by Ga. L. 1999, p. 1267, § 1.

CHAPTER 91 PUBLIC WORKS BIDDING Sec.

Article 1 General Provisions Sec.

Short title. Definitions.

PART 3

Article 2

Contracting and Bidding Requirements

Affiliated corporation defined; forfeit of security by affiliated corporation. Action on breach of bond.

Written contract required; advertising; competitive sealed bidding; timing of addendums; prequalification. Competitive award requirements. Exceptions; use of inmate labor; emergency situations. Prohibition of disqualification of otherwise qualified bidder from bid or proposal or prequalification based upon lack of previous experience; conditions. Liquidated damages and other incentive provisions for project completion.

Requirement of performance bonds.

Annotations

Cross references. - State, county, and municipal road systems, § 32-4-1 et seq.

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ARTICLE 1 GENERAL PROVISIONS

RESEARCH REFERENCES

ALR. - Conspiracy or combination to prevent actual competition in bids for public work as affecting contract for the work or recovery therefor, 62 A.L.R. 224.

Validity of contract for material patented or held in monopoly where letting to lowest bidder is required, 77 A.L.R. 702.

Power of municipality to fix specific scale of wages or hours for employees of contractors or subcontractors for municipal contracts, 81 A.L.R. 349; 129 A.L.R. 763.

Differences in character or quality of materials, articles, or work as affecting acceptance of bid for public contract, 27 A.L.R.2d 917.

Contract for personal services as within requirement of submission of bids as condition of public contract, 15 A.L.R.3d 733.

Right of municipal corporation to recover back from contractor payments made under contract violating competitive bidding statute, 33 A.L.R.3d 397.

Validity, construction, and effect of requirement under state statute or local ordinance giving local or locally qualified contractors a percentage preference in determining lowest bid, 89 A.L.R.4th 587.