O.C.G.A. § 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:

(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.