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.__For the purposes of this subsection, "resources" means financial capacity, legal capacity, bonding capacity and relevant experience of the contractor at the time of qualification with a project of the size, type and schedule for which prebid qualification is sought.__A project's "size" refers to both its square footage and the cost of construction.__A project's "type" includes unique functions or characteristics integrated into the project, such as building systems or the ultimate use to which the public improvement will be put, such as school, hospital, correctional institution or similar improvements, or involving a specialized type of work, such as demolition, earthwork or blasting;

Sec. 2. 5 MRSA §1749, first ¶, as amended by PL 1991, c. 780, Pt. Y, §60, is further amended to read:

Any contractor dissatisfied with the Director of the Bureau of General Services' decision under section 1747 may appeal the decision to the Commissioner of Administrative and Financial Services within 5 calendar days of the receipt of notice from the director that the contractor has been excluded from receiving plans and specifications or the director has refused to accept the contractor's bid. The appeal process must be conducted at the discretion of the commissioner, but must be completed and a final decision rendered within 5 calendar days after the contractor's written notice of appeal unless extended by the commissioner. The decision of the commissioner is final and binding, notwithstanding the provisions of chapter 375, subchapter 7. Any contractor who requests a hearing under this section must be allowed to receive plans and specifications for a particular duly advertised public improvement and bid on that improvement. The bid of any contractor submitted under this section may be disallowed upon final decision of the commissioner.