Prohibition of Disqualification of Otherwise Qualified Bidder From Bid or Proposal or Prequalification Based Upon Lack of Previous Experience; Conditions

  1. Law
  2. Georgia Code
  3. Local Government
  4. Public Works Bidding
  5. Contracting and Bidding Requirements
  6. Prohibition of Disqualification of Otherwise Qualified Bidder From Bid or Proposal or Prequalification Based Upon Lack of Previous Experience; Conditions

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In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no responsible bidder shall be disqualified from a bid or proposal or denied prequalification based upon:

  1. A lack of previous experience with a job of the size for which the bid or proposal is being sought if:
    1. The bid or proposal is not more than 30 percent greater in scope or cost from the responsible bidder's previous experience in jobs;
    2. The responsible bidder has experience in performing the work for which bids or proposals are sought; and
    3. The responsible bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought; or
  2. A lack of previous experience with the construction delivery method to be used for the job for which the bid or proposal is being sought.

(Code 1981, §36-91-23, enacted by Ga. L. 2013, p. 126, § 2/SB 168; Ga. L. 2018, p. 343, § 2/HB 899.)

The 2018 amendment, effective May 3, 2018, in the introductory paragraph, substituted "based upon: (1) A lack" for "based upon a lack" in the middle; redesignated former paragraphs (1) through (3) as present subparagraphs (1)(A) through (1)(C), respectively; added "; or" at the end of subparagraph (1)(C); and added paragraph (2).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2013, Code Section 36-91-23, as enacted by Ga. L. 2013, p. 628, § 6/SB 179, was redesignated as Code Section 36-91-24.


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