State Survey of P3 Authorizing Statutes: Georgia

Ga. Code Ann. §§ 32-2-78 to 81

Summary

The law authorizes the DOT to solicit and accept proposals for projects that are funded or financed in part or in whole by private sources in a P3.

No surety bond language.

Ga. Code Ann. §§ 36-91-110 to 119; §§ 50-5C-1 to 10

Summary

The law authorizes the use of P3s for the state and local governments for any project, except for generation of electric energy for sale, communications services, cable and video services, or water reservoir contracts.

Surety Bond Requirements:

The comprehensive agreement must provide for performance and payment bonds in the amounts required under the Little Miller Act for the construction portion of the P3. Surety bonds or other security acceptable to the public entity are required for the other phases and components of the project.

Excerpt:

36-91-115

“(a) The comprehensive agreement entered into between the local government and the private entity selected in accordance with this article shall include:

(7) Delivery of performance and payment bonds in the amounts required in code Sections 36-91-70 and 36-91-90 and in a form acceptable to the local government for those components of the qualifying project that involve construction, and surety bonds, letters of credit, or other forms of security acceptable to the local government and reasonably sufficient to ensure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project.”