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: (1) A lack of previous experience with a job of the size for which the bid or proposal is being sought if: (A) The bid or proposal is not more than 30 percent greater in scope or cost from the responsible bidder’s previous experience in jobs; (B) The responsible bidder has experience in performing the work for which bids or proposals are sought; and (C) 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. History. — 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).