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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 735
BY SENATOR MOUNT
PROCUREMENT CODE. Authorizes DOTD to advertise for and receive bids for
procurement of materials and supplies which are component parts of any road, highway,
bridge or appurtenance thereto electronically. (8/15/10)
AN ACT1
To amend and reenact R.S. 48:205, relative to purchases by the Department of2
Transportation and Development; to authorize notice of requests for bids and receipt3
of bids through a secure electronic interactive environment; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 48:205 is hereby amended and reenacted to read as follows: 7
ยง205. Bids8
A. When the purchase exceeds twenty-five thousand dollars, the department,9
except as otherwise provided in this Chapter, shall give reasonable notice through10
the chief purchasing agent by advertising or by notice sent through a secure11
electronic interactive environment and by written notice mailed or sent through12
a secure electronic environment to persons which furnish the class of commodities13
involved ; or by notice sent through electronic interactive environment to persons14
which furnish the class of commodities involved.15
B. Such purchases shall, except as otherwise provided in this Chapter, Except16
as otherwise provided in Part XII of Chapter 1 of Title 48 of the Revised17 SB NO. 735
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Statutes of Louisiana of 1950, such purchases shall be made only on award to1
from the lowest responsible bidder in response to requests for bids published in2
noticed by the state. Requests for bids shall be published noticed not less than ten3
days prior to the date set for opening the bids. The published advertisement notice4
and the specifications shall fix the exact place, the time, and time for presenting and5
opening of and the manner for receiving the bids. The presenting and opening of6
the bids shall be publicly performed on that day. Bids may be received in any7
manner specified in the bid notice, including through a secure electronic8
interactive environment, by mail, or by direct delivery. Bids will shall be9
publicly read whenever interested parties are present. The practice of dividing10
proposed or needed purchases into separate installments of less than twenty-five11
thousand dollars each for the purpose of evading this provision is shall be expressly12
prohibited.13
C. If, in the judgment of the secretary, no satisfactory bid has been received14
in any case, he may reject all bids. In such case, he shall advertise for solicit new15
bids as provided in this Section. Until a satisfactory contract is awarded, he may16
authorize the purchasing agent to make such open market purchases of the17
commodities involved as are urgently required to meet the requirements for not more18
than thirty days.19
Section 2. This Act shall become effective upon signature by the governor or, if not20
signed by the governor, upon expiration of the time for bills to become law without signature21
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If22
vetoed by the governor and subsequently approved by the legislature, this Act shall become23
effective on the day following such approval.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Present law R.S. 39:1572(a)(1) exempts DOTD from central purchasing for procurement of
materials and supplies that will become a component part of any road, highway, bridge, or
appurtenance thereto. SB NO. 735
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law requires DOTD to give reasonable notice when the purchase exceeds $25,000
through the chief purchasing agent by advertising and by written notice mailed or sent
through an electronic environment to persons which furnish the class of commodities
involved.
Present law requires DOTD, except as otherwise provided in this Chapter, to procure
purchases only from the lowest responsible bidder. Provides that requests for bids shall be
published not less than 10 days prior to the date set for opening bids. Provides that the
advertisement and specifications fix the exact place and time for presenting and opening of
bids. Provides that bids will be publicly read whenever interested parties are present.
Prohibits dividing of proposed purchases to evade the $25,000 threshold for competitive
bids.
Proposed law retains present law and adds that the notice of request for bids may be sent
through a secure electronic interactive environment.
Proposed law retains present law and adds that the notice shall fix the manner for receiving
bids and that bids may be received in any manner specified in the bid notice, including
through a secure electronic interactive environment, by mail or direct delivery.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 48:205)