ENROLLED
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ACT No. 281
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.
AN ACT1
To amend and reenact R.S. 38:2212(A)(1)(b)(ii)(aa) and (bb) and (3)(c)(ii), relative to the2
Public Bid Law; to make changes to requirements for the bid form; to specify what3
prices are utilized for the construction of building projects in conjunction with public4
bid; to require who shall submit other documentation in addition to a bid form and5
when that documentation shall be submitted; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 38:2212(A)(1)(b)(ii)(aa) and (bb) and (3)(c)(ii) are hereby amended8
and reenacted to read as follows: 9
§2212. Advertisement and letting to lowest responsible bidder; public work;10
electronic bidding; participation in mentor-protégé program; exemption11
A.(1)12
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(b)14
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(ii)(aa) The division of administration, office of facility planning and control,16
shall develop and prescribe through the promulgation of rules and regulations in17
accordance with the Administrative Procedure Act the bid form necessary to obtain18
the information and to implement the sections of the bid form provided for in this19
Item to be utilized for the public bid of public works projects. The bid form20
developed shall require only the information necessary to determine the lowest21
bidder and the following sections and information: Bid Security or Bid Bond,22
Acknowledgment of Addenda, Base Bid, Alternates, Bid Total, Signature of Bidder,23
Name, Title, and Address of Bidder, Name of Firm or Joint Venture, Corporate24 ENROLLEDHB NO. 365
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Resolution, and Louisiana Contractors License Number, and on public works1
projects where unit prices are utilized, a section on the bid form where the unit price2
utilized in the bid shall be set forth; however, unit prices shall not be utilized for the3
construction of building projects, unless the unit price is incorporated into the base4
bid.5
(bb) Other documentation and information required shall be furnished by all6
bidders at a later date and time, in accordance with the Bidding Documents the low7
bidder within ten days after the bid opening. The ten-day period shall not be altered8
or waived by any public entity except the Sewerage and Water Board of New9
Orleans, and all agencies of the City of New Orleans, including, but not limited to10
the Regional Transit Authority and the New Orleans Aviation Board, who shall11
require that the other documentation and information referred to above be furnished12
by the two lowest bidders within three days of the bid opening.13
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(3)15
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(c)17
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(ii) The bid form shall contain Bid Security or Bid Bond, Acknowledgment19
of Addenda, Base Bid, Alternates, Bid Total, Signature of Bidder, Name, Title, and20
Address of Bidder, Name of Firm or Joint Venture Corporate Resolution, and21
Louisiana Contractors License Number, and on public works projects where unit22
prices are utilized, their inclusion in the bid form; however, unit prices shall not be23
utilized for the construction of building projects, unless the unit price is incorporated24
into the base bid. Other documentation required shall be furnished by the low bidder25
within ten days after the bid opening all bidders at a later date and time, in26
accordance with the Bidding Documents. The Sewerage and Water Board of New27
Orleans, and all agencies of the City of New Orleans, including, but not limited to28
the Regional Transit Authority and the New Orleans Aviation Board shall require29
that the other documentation referred to above shall be furnished by the two lowest30 ENROLLEDHB NO. 365
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bidders within three days of the bid opening. The division of administration, office1
of facility planning and control, shall develop and prescribe the necessary bid form2
for public works projects for public bid purposes and implement the provisions of3
this Section of the bid form in accordance with the Administrative Procedure Act.4
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: