Ga. Comp. R. & Regs. R. 672-5-.16 - Conduct in Bidding Department Contracts or Submitting Quotes to Bidders on Department Contracts

Contractors who submit bids to the Department of Transportation or Subcontractors who submit quotes on subcontract work to other Contractors who are bidders on Department contracts shall be governed according to the following:

(a) Contractors and Subcontractors shall conduct their business in Georgia strictly in accordance with the laws of the State of Georgia, and of the United States, and with the lawfully promulgated regulations of the Department.

(b) Contractors and Subcontractors shall:

1. Bid or quote competitively without regard to any artificial territories or boundaries created or designated by agreement with any other potential Contractor or Subcontractor.

2. Not seek or obtain, directly or indirectly, from any other potential Contractor or Subcontractor, a deliberately higher, noncompetitive bid or quote than its bid or quote.

3. Not agree with any other potential Contractor or Subcontractor, directly or indirectly, to submit a bid or quote deliberately higher than the bid or quote submitted by any other potential Contractor or Subcontractor.

4. Not seek or obtain, directly or indirectly, from any other potential Contractor or Subcontractor, an agreement not to submit a bid or quote.

5. Not seek to prevent or discourage anyone, through threats or intimidation, implied or direct, from submitting a bid or quote.

6. Not seek or engage in an agreement, directly or indirectly, with any other potential Contractor or Subcontractor, to allocate any contract or subcontract to its firm or any other firm.

7. Not engage in any of the acts or practices commonly known as "Complimentary Bidding" on a contract or subcontract.

8. Not protect the low bidder on an unawarded contract upon rebid of that contract.

9. Not contact, either directly or indirectly, other potential competing Contractors or Subcontractors to determine if that Contractor or Subcontractor is, or is not, going to bid or quote on a contract or subcontract on which you are bidding or quoting. Neither Subcontractors nor material suppliers shall provide to prime Contractors any information relating to their quotes to any other prime Contractor. This Rule does not apply to discussions among participants of joint bids.

(c) A showing of a violation of any of the foregoing Subsections (b)1.-9. shall constitute evidence of unacceptable behavior by a Contractor or Subcontractor and the Prequalification Committee shall be authorized to revoke the certificate of qualification or certification of registration under Rule 672-5-.15. Subsections (b)1.-9. above, shall not be construed to restrict (1) legitimate and lawful joint bids, or (2) the giving or receiving of legitimate quotes to perform subcontract work.

Notes

Ga. Comp. R. & Regs. R. 672-5-.16

O.C.G.A. §§ 32-2-2, 32-2-66, 50-13-4.

Original Rule entitled "Suspension of Certificate of Qualification" adopted. F. Aug. 9, 1973; eff. Aug. 29, 1973. Amended: ER 672-5-0.6-.16 adopted. F. and eff. June 13, 1979, the date of adoption. Amended: Permanent Rule adopted. F. Sept. 20, 1979; eff. Oct. 10, 1979. Amended: F. Mar. 19, 1980; eff. Apr. 8, 1980. Amended: ER 672-5-0.12-.16 adopted. F. May 20, 1980; eff. May 15, 1980, the date of adoption. Amended: Permanent Rule adopted. F. July 24, 1980; eff. August 13, 1980. Amended: ER 672-5-0.13-.16 adopted. F. Jan. 20, 1981; eff. Jan. 15, 1981, the date of adoption. Amended: Permanent Rule adopted. F. Apr. 22, 1981; eff. May 12, 1981. Amended: ER 672-5-.0.14-.16 adopted. F. July 20, 1981; eff. July 16, 1981 the date of adoption. Amended: ER 672-5-0.15-.16 filed Aug. 25, 1981; eff. Aug. 20, 1981, the date of adoption. Amended: Permanent Rule adopted. F. Nov. 18, 1981; eff. Dec. 8, 1981. Amended: F. Mar. 2, 1982; eff. Mar. 22, 1982. Amended: ER 672-5-0.17-.16 was filed Aug. 20, 1982; eff. Aug. 19, 1982, the date of adoption. Amended: F. Oct. 14, 1982; eff. Nov. 3, 1982. Repealed: New Rule entitled "Suspension or Revocation of Certificate of Qualification or Certificate of Registration" adopted. F. Sept. 15, 1986; eff. Oct. 5, 1986. Repealed: New Rule, same title, adopted. F. Oct. 23, 2000; eff. Nov. 12, 2000. Repealed: New Rule entitled "Conduct in Bidding Department Contracts or Submitting Quotes to Bidders on Department Contracts" adopted. F. Nov. 20, 2006; eff. Dec. 10, 2006. Amended: F. May 1, 2018; eff. May 21, 2018.