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How to sell to Georgia counties

Since July 1, 2025, Georgia's local public works bidding law applies to county projects of $250,000 or more (HB 137 raised it from $100,000). Public works are advertised for 4 weeks, and goods and services bids of $100,000 or more must be posted on the free Georgia Procurement Registry. Retainage is capped at 5%, and service contractors over $2,499.99 must file an E-Verify affidavit.

Georgia has 159 counties, the second most of any state. No statewide formal bid or quote threshold for county goods and services was found; counties follow local ordinance or policy. Construction is governed by the Georgia Local Government Public Works Construction Law (O.C.G.A. 36-91), which applies to projects of $250,000 or more since July 1, 2025. Counties must post larger opportunities on the free Georgia Procurement Registry, which makes Georgia easier to monitor than most states. Note that the official code is hosted by LexisNexis, so several citations below rely on labeled secondary sources.

At a glance

Topic Rule Source
Who buys Board of commissioners (a few counties have a sole commissioner) County ordinance
Goods and services No statewide threshold found; post on GPR at $100,000+ O.C.G.A. 36-80-27
Construction Public works law applies at $250,000+ (was $100,000) since July 1, 2025 O.C.G.A. 36-91-22; HB 137
Notice Public works: county office and GPR for 4 weeks O.C.G.A. 36-91-20
Award Lowest responsible and responsive bidder, or most advantageous proposal O.C.G.A. 36-91-21
Bid security 5% bid bond; post-2025 trigger not confirmed O.C.G.A. 36-91-50
Bonds 100% performance and payment bonds; post-2025 trigger not confirmed O.C.G.A. 36-91-70, -90
Prevailing wage No state prevailing wage law found U.S. DOL
Retainage Max 5%; rules don't apply under $250,000 O.C.G.A. 13-10-80; HB 137
Prompt payment Prompt Pay Act applies; days and interest not confirmed O.C.G.A. 13-11-1
Cooperative purchasing Not confirmed; check the solicitation —
Preferences and certifications E-Verify affidavit on service contracts over $2,499.99 O.C.G.A. 13-10-91
Architects and engineers No local qualifications-based selection law; SB 51 proposed ACEC Georgia

Who buys

Most counties are governed by an elected board of commissioners. A few have a sole commissioner. Purchasing structure is set by local act or ordinance. Larger counties have procurement departments; smaller ones often buy through the county manager or clerk.

Goods and services

We found no statewide formal bid or quote threshold for county goods and services. Each county follows its own ordinance or policy.

Georgia Procurement Registry. A county must post any goods or services bid or proposal opportunity of $100,000 or more on the Georgia Procurement Registry (GPR). The old posting threshold was $10,000. The posting runs as long as the county's own advertising period (O.C.G.A. 36-80-27, as amended by HB 322; Georgia DOAS). The GPR is free for local governments to use.

Construction and public works

Threshold. The Local Government Public Works Construction Law applies to projects of $250,000 or more since July 1, 2025. HB 137 raised the exemption from $100,000 (O.C.G.A. 36-91-22; ACEC Georgia; Nelson Mullins). Splitting a contract to avoid the threshold is prohibited (O.C.G.A. 36-91-2, 36-91-22; Georgia Municipal Association).

Roads. HB 137 also removed the multiple-estimate and formal negotiation limits on county road contracts under $250,000 (O.C.G.A. 32-4-63; Nelson Mullins).

Bid security. A bid bond of 5% of the bid is required on public works bids above the threshold. A cashier's check, certified check or cash is allowed, as is a letter of credit up to $300,000. A bid without the bond is incomplete (O.C.G.A. 36-91-50; Georgia Municipal Association).

Bonds. Performance and payment bonds are each 100% of the contract above the threshold. A letter of credit may substitute on contracts under $300,000 (O.C.G.A. 36-91-70, 36-91-90; Georgia Municipal Association).

The bid and bond trigger was "over $100,000" in the 2011 code text. Whether HB 137 moved it to $250,000 is not confirmed. Read the bond section of each bid.

Retainage. See Getting paid below.

Notice and award

Notice. Public works notices are posted conspicuously at the county office and on the GPR for 4 weeks. The county may also advertise in its legal organ newspaper at least twice, with the first ad at least 4 weeks before opening and the second at least 2 weeks after the first. Or it may post on its own website for 4 weeks. Plans must be available on the first day of advertising (O.C.G.A. 36-91-20(b)).

Award. Competitive sealed bids go to the "lowest responsible and responsive bidder." If the low bid exceeds the budget, the county may negotiate with the apparent low bidder. Competitive sealed proposals are allowed, and the award goes to the most advantageous proposal under weighted factors, either cost-based or qualifications-only (O.C.G.A. 36-91-21(b), (c); Georgia Municipal Association). See lowest responsible bidder.

Prevailing wage

Georgia has no state prevailing wage law (U.S. Department of Labor table as of 2014). We found no later law, though none was specifically searched. Federally funded projects may carry Davis-Bacon rates; check the solicitation.

Getting paid

Prompt payment. The Georgia Prompt Pay Act is O.C.G.A. 13-11-1 and following, and progress payments are covered in O.C.G.A. 13-10-80 (Georgia Municipal Association). The payment days and interest rate were not confirmed; check the contract.

Retainage. Retainage is capped at 5% of each progress payment. SB 438 cut it from 10% and removed the 50%-completion rule, effective July 1, 2022 (O.C.G.A. 13-10-80, 13-10-81; Butler Snow). Since July 1, 2025, the retainage rules don't apply to contracts under $250,000; the old cutoff was $150,000 (O.C.G.A. 13-10-80(c), as amended by HB 137; Nelson Mullins).

Cooperative purchasing and state contracts

Whether counties may use statewide DOAS contracts or national cooperative contracts without their own bid was not confirmed. Check the county's purchasing ordinance and the solicitation.

Preferences and required certifications

E-Verify. Counties are "public employers." Bids for service contracts over $2,499.99 must include a signed, notarized contractor affidavit with your E-Verify user ID and authorization date. Subcontractors give matching affidavits, and counties report annually to the Department of Audits (O.C.G.A. 13-10-90, 13-10-91, 50-36-4; Georgia Department of Audits and Accounts).

Israel boycott certification, the SAVE affidavit, local or Georgia preferences and non-collusion rules were not confirmed for counties; check the solicitation.

Architects and engineers

Georgia has no state mini-Brooks law requiring local governments to select architects and engineers on qualifications, as of the latest status we found. SB 51 / HB 377, a proposed qualifications-based selection mandate, passed the Senate 54-1 in 2025 and was pending in House Rules as of March 30, 2026 (ACEC Georgia). Its final 2026 outcome is not confirmed. Professional services contracts with no construction element are exempt from the public works law (O.C.G.A. 36-91-22).

Recent changes

  • July 1, 2022: Retainage cap cut from 10% to 5% (SB 438).
  • July 1, 2025: HB 137 raised the public works threshold from $100,000 to $250,000, raised the retainage cutoff from $150,000 to $250,000, and eased road contract limits under $250,000.
  • 2025-2026: SB 51 / HB 377 (local qualifications-based selection) proposed; final status not confirmed.

Practical tips for Georgia

  • Register on the Georgia Procurement Registry and set up notifications for your categories.
  • Have your E-Verify user ID ready. Most county service bids ask for the notarized affidavit.
  • Watch county agendas for work under $250,000. More construction now falls below the public works law.
  • Check Georgia counties for each county's bid platform, contacts and agendas.

Questions

What is the public works bid threshold for Georgia counties?

$250,000 since July 1, 2025. HB 137 raised the exemption in the Local Government Public Works Construction Law from $100,000 to $250,000 (O.C.G.A. 36-91-22, as amended by HB 137).

Where do Georgia counties post bids?

On the Georgia Procurement Registry. Counties must post goods and services bids or proposals of $100,000 or more there (O.C.G.A. 36-80-27), and public works notices run there for 4 weeks (O.C.G.A. 36-91-20).

How long are Georgia county public works bids advertised?

For 4 weeks at the county office and on the Georgia Procurement Registry. Newspaper ads run at least twice, the first at least 4 weeks before opening (O.C.G.A. 36-91-20).

What bonds do Georgia counties require on public works?

A 5% bid bond and 100% performance and payment bonds above the threshold (O.C.G.A. 36-91-50, 36-91-70, 36-91-90). The trigger was over $100,000; whether HB 137 moved it to $250,000 is not confirmed, so check the bid.

How much retainage can a Georgia county hold?

No more than 5% of each progress payment since July 1, 2022 (O.C.G.A. 13-10-80, as amended by SB 438). Since July 1, 2025, the retainage rules don't apply to contracts under $250,000 (HB 137).

Do Georgia county contractors need E-Verify?

Yes, for service contracts over $2,499.99. Bids must include a signed, notarized affidavit with your E-Verify user ID and date, and subcontractors give matching affidavits (O.C.G.A. 13-10-91; Georgia Department of Audits and Accounts).

Does Georgia have a prevailing wage law?

No state prevailing wage law was found (U.S. Department of Labor). Federally funded projects may still carry federal wage rates.

Sources

Last reviewed Oct 31, 2026. This is general information, not legal advice. Laws and thresholds change; check the current statute and the bid documents.

How to sell to Georgia counties | FactWise