HLS 11RS-940 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 365
BY REPRESENTATIVES HOWARD AND DOWNS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC CONTRACT/BIDS: Revises public bid provisions
AN ACT1
To amend and reenact R.S. 38:2212(A)(1)(b)(ii)(aa) and (bb) and (3)(c)(ii) and to enact R.S.2
38:2212(T), relative to the public bid law; to make changes to requirements for the3
bid form; to specify what prices are utilized for the construction of a building in4
conjunction with public bid; to require who shall submit other documentation in5
addition to a bid form and when that documentation shall be submitted; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 38:2212(A)(1)(b)(ii)(aa) and (bb) and (3)(c)(ii) are hereby amended9
and reenacted and R.S. 38:2212(T) is hereby enacted to read as follows: 10
§2212. Advertisement and letting to lowest responsible bidder; public work;11
electronic bidding; participation in mentor-protégé program; exemption12
A.(1)13
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(b)15
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(ii)(aa) The division of administration, office of facility planning and control,17
shall develop and prescribe through the promulgation of rules and regulations in18
accordance with the Administrative Procedure Act the bid form necessary to obtain19
the information and to implement the sections of the bid form provided for in this20
Item to be utilized for the public bid of public works projects. The bid form21
developed shall require only the information necessary to determine the lowest22 HLS 11RS-940 ENGROSSED
HB NO. 365
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are additions.
bidder and the following sections and information: Bid Security or Bid Bond,1
Acknowledgment of Addenda, Base Bid, Alternates, Bid Total, Signature of Bidder,2
Name, Title, and Address of Bidder, Name of Firm or Joint Venture, Corporate3
Resolution, and Louisiana Contractors License Number, and on public works4
projects where unit prices are utilized, a section on the bid form where the unit price5
utilized in the bid shall be set forth; however, unit prices shall not be utilized for the6
construction of a building, unless the unit price is incorporated into the bid total.7
(bb) Other documentation and information required shall be furnished by all8
bidders at a later date and time, in accordance with the Bidding Documents the low9
bidder within ten days after the bid opening. The ten-day period shall not be altered10
or waived by any public entity.11
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(3)13
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(c)15
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(ii) The bid form shall contain Bid Security or Bid Bond, Acknowledgment17
of Addenda, Base Bid, Alternates, Bid Total, Signature of Bidder, Name, Title, and18
Address of Bidder, Name of Firm or Joint Venture Corporate Resolution, and19
Louisiana Contractors License Number, and on public works projects where unit20
prices are utilized, their inclusion in the bid form; however, unit prices shall not be21
utilized for the construction of a building, unless the unit price is incorporated into22
the bid total. Other documentation required shall be furnished by the low bidder ten23
days after the bid opening all bidders at a later date and time, in accordance with the24
Bidding Documents. The division of administration, office of facility planning and25
control, shall develop and prescribe the necessary bid form for public works projects26
for public bid purposes and implement the provisions of this Section of the bid form27
in accordance with the Administrative Procedure Act.28
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HB NO. 365
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are additions.
T. Bid specifications for a public work, other than the construction of a1
building, may utilize unit prices.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Howard HB No. 365
Abstract: Revises requirements for public bid form and who shall submit other
documentation and information after a public bid opening and when that
documentation shall be submitted.
Present law requires the public bid form for public works projects to be developed by the
division of administration, office of facility planning and control, to require a bid total.
Proposed law deletes that the public bid form for public works projects developed by the
division of administration, office of facility planning and control, requires a bid total.
Present law requires that other documentation and information required for submitting a
public bid shall be furnished by all bidders at a later date and time, in accordance with the
bidding documents.
Proposed law deletes current law and requires that other documentation and information
required for submitting a public bid shall be furnished by the low bidder 10 days within the
bid opening. This requirement shall not be altered or waived by any public entity.
Proposed law provides that unit prices shall not be utilized for the construction of a building
unless the unit price is incorporated into the bid total.
(Amends R.S. 38:2212(A)(1)(b)(ii)(aa) and (bb) and (3)(c)(ii); Adds R.S. 38:2212(T))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Present law required the bid form to require alternates. Restored requirement.
2. Provided that unit prices shall not be utilized for the construction of a building
unless the unit price is incorporated into the bid total.
3. Other documentation and information required to be submitted by the low bidder
shall be furnished within 10 days after the bid opening rather than 10 days after
the bid opening.
4. The 10-day period for the low bidder submitting other documentation shall not
be altered or waived by any public entity.