Title 36, Chapter 91, Section 2
As used in this chapter, the term:
(1) "Bid bond" means a bond with good and sufficient surety or
sureties for the faithful acceptance of the contract payable to,
in favor of, and for the protection of the governmental entity for
which the contract is to be awarded.
(2) "Change order" means an alteration, addition, or deduction
from the original scope of work as defined by the contract
documents to address changes or unforeseen conditions necessary
for project completion.
(3) "Competitive sealed bidding" means a method of soliciting public works construction contracts whereby the award is based upon the lowest responsive, responsible bid in conformance with the provisions of subsection (b) of Code Section 36-91-21.
(4) "Competitive sealed proposals" means a method of soliciting public works contracts whereby the award is based upon criteria identified in a request for proposals in conformance with the provisions of subsection (c) of Code Section 36-91-21.
(5) "Emergency" means any situation resulting in imminent danger
to the public health or safety or the loss of an essential
(6) "Governing authority" means the official or group of officials
responsible for governance of a governmental entity.
(7) "Governmental entity" means a county, municipal corporation,
consolidated government, authority, board of education, or other
public board, body, or commission but shall not include any
authority, board, department, or commission of the state, or a
public transportation agency as defined by Chapter 9 of Title 32.
(8) "Payment bond" means a bond with good and sufficient surety or
sureties payable to the governmental entity for which the work is
to be done and intended for the use and protection of all
subcontractors and all persons supplying labor, materials,
machinery, and equipment in the prosecution of the work provided
for in the public works construction contract.
(9) "Performance bond" means a bond with good and sufficient
surety or sureties for the faithful performance of the contract
and to indemnify the governmental entity for any damages
occasioned by a failure to perform the same within the prescribed
time. Such bond shall be payable to, in favor of, and for the
protection of the governmental entity for which the work is to be
(10) "Public works construction" means the building, altering,
repairing, improving, or demolishing of any public structure or
building or other public improvements of any kind to any public
real property other than those projects covered by Chapter 4 of
Title 32. Such term does not include the routine operation,
repair, or maintenance of existing structures, buildings, or real
(11) "Responsible bidder" or "responsible offeror" means a person
or entity that has the capability in all respects to perform fully
and reliably the contract requirements.
(12) "Responsive bidder" or "responsive offeror" means a person or
entity that has submitted a bid or proposal that conforms in all
material respects to the requirements set forth in the invitation
for bids or request for proposals.
(13) "Scope of project" means the work required by the original
contract documents and any subsequent change orders required or
appropriate to accomplish the intent of the project as described
in the bid documents.
(14) "Scope of work" means the work that is required by the
(15) "Sole source" means those procurements made pursuant to a
written determination by a governing authority that there is only
one source for the required supply, service, or construction item.