TITLE 36
LOCAL GOVERNMENT
Chapter 91 information not found
ARTICLE 2
CONTRACTING AND BIDDING REQUIREMENTS
36-91-23. Prohibition of disqualification of otherwise qualified bidder from bid or proposal or prequalification based upon lack of previous experience; conditions.
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:
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A lack of previous experience with a job of the size for which the bid or proposal is being sought if:
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The bid or proposal is not more than 30 percent greater in scope or cost from the responsible bidder's previous experience in jobs;
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The responsible bidder has experience in performing the work for which bids or proposals are sought; and
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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
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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.)
Effective date.
- This Code section became effective April 24, 2013.
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.
