---
title: 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.
collection: code
id: 36-91-23
cite_as: O.C.G.A. § 36-91-23 (2025)
canonical_url: https://georgiacommons.org/code/36-91-23
md_url: https://georgiacommons.org/code/36-91-23.md
text_url: https://georgiacommons.org/code/36-91-23/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t36-ch60-92-(v27a)-2025-pdf.pdf?sfvrsn=1fad51cc_0#page=637
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: LOCAL GOVERNMENT / Provisions Applicable to Counties, Municipal Corporations, and Other Governmental Entities / PUBLIC WORKS BIDDING / CONTRACTING AND BIDDING REQUIREMENTS
---

# 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.

## History

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

## 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.

## Administrative Rules and Regulations

Bidding Requirements for School Capital Outlay Projects, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, School Facilities and Capital Outlay Management, Rule 160-5-4-.18.