The department, after consultation with and receiving the advices of the secretaries of Pennsylvania associations representing highway constructors and other parties in interest who have notified the Secretary of Highways, in writing, of such interest, shall, by regulations, establish and may, from time to time, modify or supplement a system for the qualification of competent and responsible bidders on highway projects and furnish to such secretaries and others in interest copies of such regulations. In determining the qualifications of bidders, the department shall consider the following factors relating to the contractors: (1) equipment, (2) past record, (3) experience, (4) personnel of organization, (5) financial condition. In determining the qualifications of newly organized bidders, the department shall consider the following factors relating to newly organized contractors: (1) equipment, (2) personnel of organization, and (3) financial condition.
The department shall not consider from any bidder who is not qualified.
36 P.S. § 670-404.1