§ 13-10-2. Approval of Bond; Strengthening of Bond
Any bid bond, performance bond, payment bond, or security deposit required for a state public works construction contract shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named in such bond. At the option of the state, if the surety named in […]
§ 13-10-3. Determining Georgia Residency for Businesses; Preferences; Adherence to Policies and Procedures of State Construction Manual; Public Works Construction Contracts
For the purpose of determining residency under this Code section, a Georgia resident business shall include any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to any bid or proposal submitted pursuant to this Code section or a new business that is domiciled […]
§ 13-10-4. Limitation on Disqualification of Bidders Upon Lack of Previous Experience
In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no bidder shall be disqualified from a bid or proposal or denied prequalification based upon: A lack of previous experience with a job of the size for which the bid or proposal is being sought if: The bid or proposal is not more […]
§ 13-10-20. Large Public Works Contracts; Requirements for Bid Bonds; Withdrawal of Bid
Bid bonds shall be required for all state public works construction contracts with estimated bids or proposals over $100,000.00; provided, however, that the state or any public board or body of the state may require a bid bond for projects with estimated bids or proposals of $100,000.00 or less. In the case of competitive sealed […]
§ 13-8-56. Reasonableness Determinations Restricting Competition; Presumptions
In determining the reasonableness of a restrictive covenant that limits or restricts competition during or after the term of an employment or business relationship, the court shall make the following presumptions: During the term of the relationship, a time period equal to or measured by duration of the parties’ business or commercial relationship is reasonable, […]
§ 13-10-21. Alternatives to Bid Bond
In lieu of the bid bond provided for in Code Section 13-10-20, the state may accept a cashier’s check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the state. When the amount […]
§ 13-8-57. Reasonableness Determinations Restricting Time; Presumptions
In determining the reasonableness in time of a restrictive covenant sought to be enforced after a term of employment, a court shall apply the rebuttable presumptions provided in this Code section. In the case of a restrictive covenant sought to be enforced against a former employee and not associated with the sale or ownership of […]
§ 13-10-22. “Bid” and “Bidder” Defined; Appreciable Errors in Calculation of Bids; Withdrawing Bids
As used in this Code section, the term “bid” shall include proposals and the term “bidder” shall include offerors. When receiving bids subject to this article, the state shall permit a bidder to withdraw a bid from consideration after the bid opening without forfeiture of the bid security if the bidder has made an appreciable […]
§ 13-8-58. Enforcement by Third Parties
A court shall not refuse to enforce a restrictive covenant on the ground that the person seeking enforcement is a third-party beneficiary of such contract or is an assignee or successor to a party to such contract. In determining the enforceability of a restrictive covenant, it is not a defense that the person seeking enforcement […]
§ 13-10-23. Affiliated Corporations
As used in this Code section, the term: “Affiliated corporation” means, with respect to any corporation, any other corporation related thereto: As a parent corporation; As a subsidiary corporation; As a sister corporation; By common ownership or control; or By control of one corporation by the other. The term “bid” shall include proposals. In any […]