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Second Special Session of the 121st

H.P. 1305 - L.D. 1783

An Act To Clarify Prequalification Criteria for Public Improvements

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 5 MRSA §1747, sub-§3, as amended by PL 2001, c. 271, §2, is further amended to read:

     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. The director may require additional information about the contractor's resources, including identification of major claims or litigation pending and whether the contractor has sought protection under the bankruptcy laws in the past 5 years. That information is confidential and not subject to disclosure under Title 1, chapter 13, subchapter I; 1. In evaluating the resources of a contractor, the director may consider the contractor's prior experience, including any significant disparity between the size and type of prior projects and the project or projects under consideration;

Effective July 30, 2004, unless otherwise indicated.

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