January 27, 2019

SB445 extra info – refuting the sure to come misdirection

Posted by D.A. King at 5:22 pm - Email the author   Print This Post Print This Post  

 

Image, Georgia Department of Transportation

While the language of SB445 did not change the law on E-Verify and the bidding process for public contractors, it did create a carve out for GDOT in that the required affidavits attesting to use of E-Verify no longer need to be submitted before a bid is considered. Relevant language highlighted below. Note: This was not an accident and does have consequences. Only someone with in-depth knowledge of the system and the law could make tis wet change.

OCGA 13-10-91
Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following:
(A) The affiant has registered with, is authorized to use, and uses the federal work authorization program;
(B) The user identification number and date of authorization for the affiant;
(C) The affiant will continue to use the federal work authorization program throughout the contract period; and
(D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required by subparagraphs (A), (B), and (C) of this paragraph.”

 

2018’s SB445
“SECTION 3.
Said title is further amended in Code Section 32-2-69, relating to bidding process and award of contract, by adding a new subsection to read as follows:
“(f) The signed, notarized affidavit required in subsection (b) of Code Section 13-10-91 shall be submitted to the department prior to the award of any contract.”