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the Georgia Code
2006 Georgia Code - 32-2-69
32-2-69. (a) Except as authorized by Code Sections
32-2-79 and 32-2-80, the department shall award the contract to the
lowest reliable bidder, provided that the department shall have the
right to reject any and all such bids whether such right is
reserved in the public notice or not and, in such case, the
department may readvertise, perform the work itself, or abandon the
project. (b) If only one bid
is received, the department shall open and read the bid. If the bid
is at or below the department́s
cost estimate for the project as certified by the chief engineer,
such cost estimate shall be read immediately and publicly. If the
bid exceeds the department́s
cost estimate for the project, the department may negotiate with
the bidder to establish a fair and reasonable price for the
contract, provided that the resulting negotiated contract price is
not greater than the bid and that the department́s
cost estimate is disclosed to the bidder prior to the beginning of
the negotiations. (c) If the
department made errors in the bidding documents which resulted in
an unbalanced bid, the department may negotiate with the lowest
reliable bidder to correct such errors, provided that the lowest
reliable bidder is not changed. (d) If the lowest reliable bidder is released by
the department because of an obvious error or if the lowest
reliable bidder refuses to accept the contract and thereby forfeits
the bid bond, the department may award the contract to the next
lowest reliable bidder, readvertise, perform the work itself, or
abandon the project.
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