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Regular Session, 2010
SENATE BILL NO. 777
BY SENATOR CLAITOR
PUBLIC CONTRACTS. Prohibits design-build and related types of contracts from being
entered into after June 30, 2010. (7/1/10)
AN ACT1
To amend and reenact R.S. 29:42(A), the introductory paragraph of R.S. 29:42(I), R.S.2
38:2225.2.1(A)(1), R.S. 48:250.2(A) and 2084.13(E), R.S. 49:214.5.2(A)(7), and3
214.6.2(A) and (D), and to enact R.S. 48:250.3(I), relative to design-build and4
related contracts; to prohibit such contracts from being entered into after a certain5
date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 29:42(A) and the introductory paragraph of R.S. 29:42(I) are hereby8
amended and reenacted to read as follows: 9
§42. Design-build contracts; hurricane-impacted areas10
A.(1) Notwithstanding any law to the contrary, until the time provided for11
in Paragraph (2) of this Subsection, the adjutant general and the Military12
Department, with the approval of the commissioner of administration, may utilize13
the design-build method on any infrastructure construction project in an area where14
a gubernatorial declared state of emergency exists due to Hurricane Katrina or Rita15
declared pursuant to the provisions of R.S. 29:721 et seq., including those areas16
where infrastructure is adversely impacted by permanent personnel or unit17 SB NO. 777
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relocation.1
(2) No design-build contract may be entered into pursuant to the2
provisions of this Section after June 30, 2010.3
* * *4
I. For contracts authorized by this Section, upon request by the adjutant5
general, the commissioner of administration is authorized to waive or suspend the6
provisions of R.S. 38:2181 et seq., R.S. 39:1481 et seq., and R.S. 39:1551 et seq.7
When procurements are made for such contracts which would otherwise be subject8
to the provisions of R.S. 38:2181 et seq., R.S. 39:1481 et seq., or R.S. 39:1551 et9
seq., procedures and requirements set forth in R.S. 38:2212(D)(2) shall be complied10
with. Additionally, the Military Department shall at a minimum:11
* * *12
Section 2. R.S. 38:2225.2.1(A)(1) is hereby amended and reenacted to read as13
follows:14
§2225.2.1. Design-build contracts; authorized use by certain public entities in areas15
damaged by Hurricane Katrina, Hurricane Rita, or both16
A.(1)(a) Notwithstanding any law to the contrary, until the time provided17
for in Subparagraph (b) of this Paragraph, the following public entities may18
utilize the design-build method in the construction or repair of any public building19
or structure which has been destroyed or damaged by Hurricane Katrina, Hurricane20
Rita, or both or any public building or structure to be constructed or repaired to meet21
a homeland security or criminal justice need pursuant to a hurricane recovery plan:22
the division of administration, the Recovery School District, the city of New Orleans,23
sheriffs, housing authorities, and parish governments in Calcasieu, Cameron,24
Jefferson, Orleans, Plaquemines, St. Bernard, St. Tammany, and Vermilion parishes25
and the Port of New Orleans.26
(b) No design-build contract may be entered into pursuant to the27
provisions of this Section after June 30, 2010.28
* * *29 SB NO. 777
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Section 3. R.S. 48:250.2(A) and 2084.13(E) are hereby amended and reenacted and1
R.S. 48:250.3(I) is hereby enacted to read as follows:2
§250.2. Design-build contracts; administration3
A.(1) Notwithstanding any law to the contrary or the requirements of this4
Part, until the time provided for in Paragraph (2) of this Subsection, if the5
secretary determines it is in the best interest of the taxpayers, the Department of6
Transportation and Development, with approval of the House and Senate7
transportation, highways, and public works committees, may formulate, develop, and8
implement a program to combine the design and construction phases of a9
transportation facility or facilities, including but not limited to highways,10
interchanges, or bridges into a single contract.11
(2) No design-build contract may be entered into pursuant to the12
provisions of this Section after June 30, 2010.13
* * *14
§250.3. Design-build contracts; qualifications of design-build entities; public15
announcement procedures; letters of interest; selection of short list;16
bid proposals by competitors; qualifications evaluation committee;17
proposal review committee; selection and process of award18
* * *19
I. The provisions of this Section shall only be applicable to design-build20
contracts entered into pursuant to the provisions of R.S. 48:250.2 prior to July21
1, 2010.22
* * *23
§2084.13. Public-private partnership projects; procurement24
* * *25
E. Contracts for the construction of qualifying transportation facilities may26
be constructed utilizing which utilize design-build may be entered into until July27
1, 2010. However, qualifying transportation facilities may be constructed28
utilizing or other innovative project delivery methods.29 SB NO. 777
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Section 4. R.S. 49:214.5.2(A)(7) and 214.6.2(A) and (D) are hereby amended and1
reenacted to read as follows:2
§214.5.2. Functions and responsibilities; Coastal Protection and Restoration3
Authority4
A. The authority shall:5
* * *6
(7) Subject to the restrictions provided for in R.S. 49:214.6.2(A), have the7
power and authority to enter into any contract with the federal government or any8
federal agency or any political subdivision of the state or private individual for the9
study, planning, engineering, design, construction, operation, maintenance, repair,10
rehabilitation, or replacement of any integrated coastal protection project and to this11
end, may contract for the acceptance of any grant of money upon the terms and12
conditions, including any requirement of matching the grants in whole or part, which13
may be necessary.14
* * *15
§214.6.2. Functions and responsibilities; coastal activities16
A.(1) The office shall administer the programs of the Coastal Protection and17
Restoration Authority. The executive director may use his contracting authority, or18
the contracting authority of any state department or agency, to implement the19
provisions of this Chapter. Such contracting authority shall include construction20
management at risk, and operation and maintenance,. Until the time provided for21
in Paragraph (2) of this Subsection, such contracting authority shall also include22
design-build, design-build-operate and maintain, and design-build-finance-operate23
and maintain, or any combination of design, construction, finance, and services for24
operation and maintenance of an integrated coastal protection project, where25
appropriate. The Office of Coastal Protection and Restoration shall have the26
authority to execute and implement said contracts entered into under the authority27
of R.S. 49:214.5.2(A)(7).28
(2) No contract for design-build, design-build-operate and maintain,29 SB NO. 777
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design-build-finance-operate and maintain, or any combination of design,1
construction, finance, and services for operation and maintenance of a project2
may be entered into pursuant to the provisions of this Section after June 30,3
2010.4
* * *5
D. The office may:6
(1) Subject to the limitations provided for in Subsection A of this Section,7
negotiate and execute contracts, upon such terms as the office may agree, for legal,8
financial, consulting, or other professional services or personal services necessary9
to the conduct of the office. In addition, the office may enter into contracts for10
engineering and construction services or agreements with the federal government,11
local governing authorities, political subdivisions, or with other public or private12
entities for the administration, implementation, or enforcement of integrated coastal13
protection projects, programs, or activities as directed by the Coastal Protection and14
Restoration Authority.15
* * *16
Section 5. This Act shall become effective on July 1, 2010; if vetoed by the governor17
and subsequently approved by the legislature, this Act shall become effective on July 1,18
2010, or on the day following such approval by the legislature, whichever is later.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Riley Boudreaux.
DIGEST
Proposed law prohibits the following types of design-build contracts from being entered into
after June 30, 2010:
1. Design-build contracts of the adjutant general and the Military Department for
infrastructure construction projects in an area where a gubernatorial declared state
of emergency exists due to hurricane Katrina or Rita, including those areas where
infrastructure is adversely impacted by permanent personnel or unit relocation. [R.S.
29:42(A)]
2. Design-build contracts of the division of administration, the Recovery School
District, the city of New Orleans, sheriffs, housing authorities, and parish
governments in Calcasieu, Cameron, Jefferson, Orleans, Plaquemines, St. Bernard,
St. Tammany, and Vermilion parishes and the Port of New Orleans for the
construction or repair of any public building or structure destroyed or damaged by SB NO. 777
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Hurricane Katrina or Hurricane Rita, or for any public building or structure to be
constructed or repaired to meet a homeland security or criminal justice need pursuant
to a hurricane recovery plan. [R.S. 38:2225.2.1]
3. Design-build contracts of DOTD for transportation facilities, including highways,
interchanges, or bridges, and specifically for the new Mississippi River Bridge at St.
Francisville and other projects or combined program of projects selected by the
secretary of DOTD and approved by the House and Senate transportation, highways,
and public works committees. [R.S. 48:250.2]
4. Design-build contracts for public-private partnership projects. [R.S. 48:2084.13]
5. Contracts for projects of the Coastal Protection and Restoration Authority for design-
build, design-build-operate and maintain, design-build-finance-operate and maintain,
or any combination of design, construction, finance, and services for operation and
maintenance of an integrated coastal protection project. [R.S. 49:214.5.2]
Effective July 1, 2010.
(Amends R.S. 29:42(A), R.S. 29:42(I)(intro para), R.S. 38:2225.2.1(A)(1), R.S. 48:250.2(A)
and 2084.13(E), R.S. 49:214.5.2(A)(7), and 214.6.2(A) and (D); adds R.S. 48:250.3(I))