---
title: O.C.G.A. § 32-2-68. Proposal guaranty by bidder.
collection: code
id: 32-2-68
cite_as: O.C.G.A. § 32-2-68 (2025)
canonical_url: https://georgiacommons.org/code/32-2-68
md_url: https://georgiacommons.org/code/32-2-68.md
text_url: https://georgiacommons.org/code/32-2-68/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t32-(v23a)-pdf.pdf?sfvrsn=45aa6dc9_0#page=25
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: HIGHWAYS, BRIDGES, AND FERRIES / DEPARTMENT OF TRANSPORTATION / EXERCISE OF POWER TO CONTRACT / GENERAL CONTRACTING PROVISIONS
---

# O.C.G.A. § 32-2-68. Proposal guaranty by bidder.

(a) 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.

(b) 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.

## History

Code 1933, § 95A-809, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2021, p. 526, § 3/HB 577.

## Amendments

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.