hb1090_LC_28_2780_a_2.html
06 LC 28 2780
House Bill 1090
By: Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th, and Rogers of the 26th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, is amended by adding a new Article 3 to read as follows:

∀ARTICLE 3

13-10-100.
A contractor that is more than 30 days behind in the performance of a state public works construction contract due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed. The determination of whether such contractor is behind in its performance and the cause of such delay shall be made by the agency that let the contract and shall be conclusive.∀
SECTION 2.
Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, is amended by adding a new Code Section 32-2-66.1 to read as follows:
∀32-2-66.1.
A contractor that is more than 30 days behind in the performance of a Department of Transportation construction or maintenance contract due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed. The determination of whether such contractor is behind in its performance and the cause of such delay shall be made by the Department of Transportation and shall be conclusive.∀

SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.