Section 3 of House Bill 87 amends O.C.G.A. §13-10-91.
O.C.G.A. §13-10-91(b)(1) states, in part, “A public employer shall not enter into a contract … for the physical performance of services unless the contractor registers and participates in the federal work authorization program. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor….” O.C.G.A. §13-10-91(b)(6) states, in part, “No later than August 1, 2011, the Department of Audits and Accounts shall create and post on its website form affidavits for the federal work authorization program.” The Department of Audits and Accounts requested the assistance of the Department of Law to draft the affidavits required by this Code section:
      Contractor Affidavit under O.C.G.A. §13-10-91(b)(1)   [PDF]    [Microsoft Word]
      Subcontractor Affidavit under O.C.G.A. §13-10-91(b)(3)    [PDF]   [Microsoft Word]
      Sub-subcontractor Affidavit under O.C.G.A. §13-10-91(b)(4)    [PDF]    [Microsoft Word]
This Code section addresses contracts for the physical performance of services. The Department of Law has been requested to provide guidance on the applicability of this Code section to contracts other than public works contracts. Public employers, as defined in O.C.G.A. §13-10-90, are strongly encouraged to review the guidance in the following PDFs. The Georgia Department of Audits and Accounts’ staff cannot provide legal advice or legal assistance regarding this guidance. Please consult your agency’s attorney if you need legal advice or legal assistance beyond what is provided below.