reglab/housing_qa huggingface dataset:
GA Code § 32-2-62 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 32-2-62. Advertising of Nonnegotiated Construction Contracts; Approval of Negotiated Construction Contracts; Factors to Be Considered by Board for Priority of Projects

 The advertising of all nonnegotiated department construction contracts shall have the prior approval of the board. When the board is not in session, the commissioner may approve negotiated construction contracts. In determining public roads most in need of work and also the type, class, width, location, and order of priority of each project, the board shall take into consideration such factors as the use of the public road in question; the present need and anticipated development of the area traversed by it; whether or not it is a school bus or mail route; and its use for agricultural or industrial purposes. The board shall also take into consideration the information disclosed by the records required by Code Section 32-4-2 to be maintained by the department.   (Code 1933, § 95A-803, enacted by Ga. L. 1973, p. 947, § 1.)
GA Code § 32-2-63 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 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 been approved in accordance with this title.   (Code 1933, § 95A-804, enacted by Ga. L. 1973, p. 947, § 1.)
GA Code § 32-2-64 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 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 of this Code section, posting a bid on the department's website shall satisfy the public bid requirement.   (Ga. L. 1949, p. 372, § 2; Code 1933, § 95A-805, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2012, p. 1343, § 2/HB 817.)   Cross references.   - Letting of contracts by Department of Administrative Services by public bid, § 50-5-67.   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 contractor not required.    - 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).   RESEARCH REFERENCES   ALR.   - Contract for personal services as within requirement of submission of bids as condition of public contract, 15 A.L.R.3d 733.   Authority of state, municipality, or other governmental entity to accept late bids for public works contracts, 49 A.L.R.5th 747.
GA Code § 32-2-65 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 32-2-65. Advertising for Bids

  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.   Such advertisement shall include but not be limited to the following items:   A description sufficient to enable the public to know the approximate extent and character of the work to be done;   The time allowed for performance;   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;   Where and under what conditions and costs the detailed plans and specifications and proposal forms may be obtained;   The amount of the required proposal guaranty, if one is required;   The time and place for submission and opening of bids;   The right of the department to reject any one or all bids; and   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; Ga. L. 2021, p. 526, § 2/HB 577.)    The 2018 amendment,  effective July 1, 2018, added the proviso at the end of subsection (a).    The 2021 amendment,  effective July 1, 2021, added ", if one is required" at the end of paragraph (b)(5).   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.
GA Code § 32-2-66 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 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 ensure that the contract may be awarded to the lowest reliable bidder, the department may adopt and publish in print or electronically uniform and reasonable rules and regulations which may include but not be limited to the following:    A requirement that every contractor desiring to be qualified to bid or subcontract file with the department an application including, among other information: a financial statement; a complete questionnaire regarding the contractor's organization and the work performed by such contractor; and a statement of equipment owned or leased by such contractor;   Conditions under which a contractor or subcontractor may become disqualified to bid or to subcontract;   Procedures for assigning maximum capacity ratings to contractors and subcontractors; and   Provisions for waiving prequalification of contractors for construction of specialty items. For the purpose of this paragraph, "specialty items" means work that requires highly specialized knowledge, craftsmanship, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole.    (Code 1933, § 95A-807, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2010, p. 838, § 10/SB 388.)
GA Code § 32-2-67 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 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 the bid proposal form of the department, the standard specifications of the department, and the plans of the contract if such plans are required because the particular contract calls for construction.   (Code 1933, § 95A-808, enacted by Ga. L. 1973, p. 947, § 1.)
GA Code § 32-2-68 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 32-2-68. Proposal Guaranty by Bidder

  No bid for capital construction or capital maintenance 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 bid upon.   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; Ga. L. 2021, p. 526, § 3/HB 577.)    The 2021 amendment,  effective July 1, 2021, in subsection (a), inserted "for capital construction or capital maintenance" near the beginning, and substituted "contract bid upon" for "contract on which he bid" at the end.
GA Code § 32-2-70 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 32-2-70. (See Editor's notes.) Bonds of Successful Bidder

  Where the contract price exceeds $100,000.00, no department construction contract shall be valid unless the contractor first gives:   The performance and payment bonds in accordance with Chapter 10 of Title 13; and   Such other bonds or insurance policies required by the department in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies.     Public procurement officers shall accept electronic signatures and electronic corporate seals on bonds issued pursuant to this Code section so long as such signatures and seals comply with the provisions of Chapter 12 of Title 10 and Code Section 33-24-14.    (Code 1933, § 95A-811, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2001, p. 4, § 32; Ga. L. 2001, p. 820, § 2; Ga. L. 2007, p. 167, § 2/HB 192; Ga. L. 2021, p. 459, § 2-1/SB 169.)    The 2021 amendment,  effective May 4, 2021, designated the existing provisions as subsection (a) and added subsection (b).   Code Commission notes.   - The amendment of this Code section by Ga. L. 2001, p. 4, § 32, irreconcilably conflicted with and was treated as superseded by Ga. L. 2001, p. 820, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).   For application of this statute in 2020 and 2021, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, 08.31.20.02, 09.15.20.01, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.   A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.   RESEARCH REFERENCES   ALR.    - Failure of public authorities to take contractor's bond as required by law, as rendering them liable to laborers or materialmen, 64 A.L.R. 678.    Validity of statute or ordinance which requires liability or indemnity insurance or bond as condition of license for conducting business or profession, 120 A.L.R. 950.   State or local government's liability to subcontractors, laborers, or materialmen for failure to require general contractor to post bond, 54 A.L.R.5th 649.
GA Code § 32-2-71 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 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 become the property of the department as liquidated damages. The contract then may be readvertised or the project may be abandoned.   (Code 1933, § 95A-812, enacted by Ga. L. 1973, p. 947, § 1.)
GA Code § 32-2-72 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 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 or she has not violated such Code section which makes it unlawful to restrict competitive bidding.   (Code 1933, § 95A-813, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 7; Ga. L. 2001, p. 820, § 3.)
GA Code § 32-2-73 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 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 supplementing the original contract not to exceed a 20 percent increase in cost of the project and to execute extension agreements affecting the length of the project which may be increased by adding sections to said project or by relocation of said project not to exceed 20 percent of the total length of the project or 20 percent of total contract cost.   (Ga. L. 1949, p. 373, § 4; Code 1933, § 95A-814, enacted by Ga. L. 1973, p. 947, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Department of Transportation professional service contracts.    - While the provisions of O.C.G.A. § 32-2-73 do not apply to contracts for professional services, which are governed by O.C.G.A. § 50-22-1 et seq., legislation is required to allow the Department of Transportation to exceed the limitations of such professional services contracts found in O.C.G.A. § 50-6-25(b). 1994 Op. Att'y Gen. No. U94-14.
GA Code § 32-2-74 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 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

  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 of those Code sections as may be in conflict with such federal law is declared of no effect to the extent of the conflict.   The department is authorized to take the necessary steps to secure the full benefit of the federal-aid program and to meet any contingencies not provided for in Code Sections 32-2-60 through 32-2-73, abiding at all times by a fundamental purpose to plan, survey, construct, reconstruct, maintain, improve, and pave as economically as possible those public roads of Georgia which, under the terms of Code Sections 32-2-60 through 32-2-73, are most in need of such construction or work in such a manner as will best promote the interest, welfare, and progress of the citizens of Georgia.    (Code 1933, § 95A-815, enacted by Ga. L. 1973, p. 947, § 1.)
GA Code § 32-2-75 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 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

  As used in this Code section and Code Sections 32-2-76 and 32-2-77, the term:   "Engineer" means the chief engineer or the engineer designated by the Georgia Highway Authority or the State Road and Tollway Authority.   "Escrow account" means the certificates of deposit issued by a state or national bank in Georgia and any uninvested cash held in escrow.   "State" means the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority.   "Treasurer" means the treasurer of the Department of Transportation, the treasurer of the Georgia Highway Authority, or the treasurer of the State Road and Tollway Authority.     The state is authorized to insert a clause in the specifications of all contracts let and awarded as a result of public lettings for the construction, improvement, maintenance, or repair of any road, highway, bridge, or appurtenance thereto providing for the retainage of amounts constituting a percentage of the gross value of the completed work as may be provided for in the contract.   Final payment of the retained amounts to the contractor under the contract to which the retained amount relates will be made after certification by the engineer that the work has been satisfactorily completed and is accepted in accordance with the contract, plans, and specifications.    (Ga. L. 1971, p. 635, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1985, p. 149, § 32; Ga. L. 1994, p. 591, § 8; Ga. L. 2001, p. 1251, § 2-1.)   Cross references.   - Authorization and procedure for retention of contractual payments by state or political subdivisions; procedure for final payment, § 13-10-81.    Georgia Highway Authority, § 32-10-1 et seq.    State Road and Tollway Authority, § 32-10-60 et seq.   RESEARCH REFERENCES   Am. Jur. 2d.   - 13 Am. Jur. 2d, Building and Construction Contracts, § 22.   C.J.S.   - 17B C.J.S., Contracts, § 583.   ALR.    - Right and duty of highway contractor as to barricading or obstructing street or highway, 104 A.L.R. 955.
GA Code § 32-2-77 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 1 - General Contracting Provisions|§ 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 failure of the escrow agent to perform under the escrow agreement, or for the failure of any bank to honor certificates of deposits issued by it which are held in the escrow account.   (Ga. L. 1971, p. 635, § 3.)   RESEARCH REFERENCES   C.J.S.   - 30A C.J.S., Escrows, § 15 et seq.
GA Code § 32-2-78 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 2 - Other Contracting Methods|§ 32-2-78. Definitions

 As used in this part, the term:    "Alternative contracting method" means a method of contracting authorized by Code Section 32-2-82.   "Construction manager/general contractor" means a person the department has selected to perform project delivery pursuant to Code Section 32-2-82.   "Participating local governing authority" includes the governing authority of any county or municipality whose geographical jurisdiction includes the project.   "Project" means an undertaking, including intermodal rail-related and multimodal transportation solutions, which the department deems appropriate for pursuing or letting based upon the authority granted in this part.     (Code 1981, §32-2-78, enacted by Ga. L. 2009, p. 976, § 10/SB 200; Ga. L. 2021, p. 480, § 3/HB 588; Ga. L. 2021, p. 526, § 5/HB 577.)    The 2021 amendments.  The first 2021 amendment, effective July 1, 2021, substituted "part" for "Code section and Code Sections 32-2-79 and 32-2-80" in the introductory language; added paragraphs (1) and (2); redesignated former paragraphs (1) and (2) as present paragraphs (3) and (4), respectively; and substituted the present provisions of paragraph (4) for the former provisions, which read: " ‘Project' means a project which the department deems appropriate for letting pursuant to the procedures of Code Section 32-2-79 and Code Section 32-2-80." The second 2021 amendment, effective July 1, 2021, made identical changes.   Editor's notes.   - Former Code Section32-2-78, concerning definitions, was based on Code 1981, § 32-2-78, enacted by Ga. L. 2003, p. 905, § 1; Ga. L. 2005, p. 902, § 1/SB 270, and was repealed by Ga. L. 2009, p. 976, § 1/SB 200, effective May 11, 2009.   OPINIONS OF THE ATTORNEY GENERAL   Projects pending at time of amendment.   - Georgia Department of Transportation's authority to enter a binding contract pursuant to the former Public Private Initiatives law was revoked by the 2009 Public Private Partnership law; those projects or portions of projects which were not formalized by an executed contract with the selected firm before May 11, 2009, must be re-procured under the authority and provisions of the 2009 law. 2009 Op. Att'y Gen. No. 2009-7.
GA Code § 32-2-79 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 4 - Exercise of Power to Contract|Part 2 - Other Contracting Methods|§ 32-2-79. Biennial Reporting of Potential Undertakings Best Suited for Public-Private Partnership

 At a minimum, the staff of the department shall jointly identify and report to the board by July 31 of each odd-numbered year those potential undertakings best suited for delivery under the procedures of Code Section 32-2-80 and that are expected to provide the greatest public benefit through enhanced public safety, enhanced mobility of goods, congestion mitigation, enhanced trade and economic development, improved air quality or land use, or reduction of public expenditures due to improved transportation efficiency or infrastructure preservation as aligned with the state-wide strategic transportation plan as defined in Code Section 32-2-41.1.    (Code 1981, §32-2-79, enacted by Ga. L. 2009, p. 976, § 10/SB 200; Ga. L. 2021, p. 480, § 3/HB 588; Ga. L. 2021, p. 526, § 5/HB 577.)    The 2021 amendments.  The first 2021 amendment, effective July 1, 2021, rewrote this Code section. The second 2021 amendment, effective July 1, 2021, made identical changes.   Editor's notes.   - Former Code Section32-2-79, concerning requirements for solicited and unsolicited proposals for public-private initiative, was based on Code 1981, § 32-2-79, enacted by Ga. L. 2003, p. 905, § 2; Ga. L. 2005, p. 902, § 2/SB 270; Ga. L. 2006, p. 72, § 32/SB 465, and was repealed by Ga. L. 2009, p. 976, § 1/SB 200, effective May 11, 2009.   Administrative Rules and Regulations.   - Governing public-private partnerships, Official Compilation of the Rules and Regulations of the State of Georgia, State Department of Transportation, Chapter 672-17.