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In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no 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 bidder’s previous experience in jobs;
    2. The bidder has experience in performing the work for which bids or proposals are sought; and
    3. The 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, § 13-10-4 , enacted by Ga. L. 2013, p. 126, § 1/SB 168; Ga. L. 2018, p. 343, § 1/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).