CHAPTER 295
H.P. 285 - L.D. 349
An Act to Modify the Prequalification Laws to Allow the Disqualification of Contractors for a Time Not to Exceed One Year
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §1747, as amended by PL 1993, c. 324, §1, is further amended to read:
§1747. Questionnaire as prebid qualification
The public official may require, from any person a firm proposing to bid on public work duly advertised, a standard form of questionnaire and financial statement, containing a complete statement of the person's financial ability and experience in performing public work, qualification statement and a letter from a licensed bonding company confirming that the firm has the financial capacity to perform the work before furnishing that person with plans and specifications for the proposed public work advertised.
The Director of the Bureau of Public Improvements General Services, after consultation with the appropriate department head or superintendent of schools, may refuse to release plans and specifications to a contractor for the purpose of bidding on a project:
1. Untimely completion. If, in the opinion of the director, there is evidence the contractor has not completed in a timely manner a prior construction project or projects and the resulting noncompletion clearly reflects disregard for the completion date and has created a hardship for the owner;
2. Incomplete work. If, in the opinion of the director, that there is evidence the contractor has a history of inability to complete similar work;
3. Insufficient resources. If, in the opinion of the director, there is evidence the contractor does not have sufficient resources to successfully complete the work; or
4. Misconduct. If the contractor has been convicted of collusion or fraud or any other civil or criminal violation relating to construction projects.
If a contractor is disqualified for any of the reasons stated in subsection 1, 2 or 4, the director may disallow the contractor from bidding on any similar public improvements for a period not to exceed one year.
Effective September 19, 1997, unless otherwise indicated.
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