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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, 2011
SENATE BILL NO. 250
BY SENATOR WILLARD-LEWIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC CONTRACTS. Allows agencies to reject bids from entities convicted of or found
to have committed any unethical or discriminatory practice or conduct by a state or federal
agency. (8/15/11)
AN ACT1
To enact R.S. 38:2212.10 and R.S. 39:2193, relative to procurement; to allow for the2
prohibition of certain entities from participating in the contract and procurement3
process; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 38:2212.10 is hereby enacted to read as follows: 6
§2212.10. Right to prohibit awards or procurement with certain individuals 7
A. In awarding contracts, any public entity is authorized to reject the8
lowest bid from, or not award the contract to, any person or business that has9
been convicted of or found to have committed by a state or federal agency any10
unethical or discriminatory practice or conduct.11
B. Nothing in this Section shall impose a duty, responsibility, or12
requirement on a public entity to research whether there is a state or federal13
agency conviction or finding of an unethical or discriminatory practice or14
conduct by a bidder. The bidding document, request for proposal, or any other15
type of solicitation document shall include a question of whether the bidder has16
been convicted of or found to have committed by a state or federal agency any17 SB NO. 250
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
unethical or discriminatory practice or conduct. This question is to be1
completed by affidavit.2
C. If a bidder fails to disclose a known conviction or finding by a state3
or federal agency of an unethical or discriminatory practice or conduct and the4
public entity awards the bid to the entity, the entity shall be responsible to the5
public entity for the costs of rebidding the contract, the increased costs of6
awarding the contract to the second low bidder, or forfeiture of the bid bond,7
whichever is higher.8
Section 2. R.S. 39:2193 is hereby enacted to read as follows:9
§2193. Right to prohibit awards or procurement with certain individuals10
A. In awarding contracts, any public entity is authorized to reject the11
lowest bid from, or not award the contract to, any person or business that has12
been convicted of or found to have committed by a state or federal agency any13
unethical or discriminatory practice or conduct.14
B. Nothing in this Section shall impose a duty, responsibility, or15
requirement on a public entity to research whether there is a state or federal16
agency conviction or finding of an unethical or discriminatory practice or17
conduct by a bidder. The bidding document, request for proposal, or any other18
type of solicitation document shall include a question of whether the bidder has19
been convicted of or found to have committed by a state or federal agency any20
unethical or discriminatory practice or conduct. This question is to be21
completed by affidavit.22
C. If a bidder fails to disclose a known conviction or finding by a state23
or federal agency of an unethical or discriminatory practice or conduct and the24
public entity awards the bid to the entity, the entity shall be responsible to the25
public entity for the costs of rebidding the contract, the increased costs of26
awarding the contract to the second low bidder, or forfeiture of the bid bond,27
whichever is higher.28 SB NO. 250
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Present law provides a competitive bid process for the awarding of public works contracts,
awarding of professional, personal, consulting and social service contracts, and for the
procurement of materials, supplies, equipment and other services.
Proposed law provides that in awarding contracts, any public entity is authorized to reject
the lowest bid from, or not award the contract to, any person or business that has been
convicted of or found to have committed by a state or federal agency any unethical or
discriminatory practice or conduct.
Proposed law provides that proposed law does not impose a duty, responsibility, or
requirement on a public entity to research whether there is a state or federal agency
conviction or finding of an unethical or discriminatory practice or conduct by a bidder.
Requires that the bidding document, request for proposal, or any other type of solicitation
document include a question of whether the bidder has been convicted of or found to have
committed by a state or federal agency any unethical or discriminatory practice or conduct.
Requires that this question be completed by affidavit.
Proposed law provides that if a bidder fails to disclose a known conviction or finding by a
state or federal agency of an unethical or discriminatory practice or conduct and the public
entity awards the bid to the entity, the entity shall be responsible to the public entity for the
costs of rebidding the contract, the increased costs of awarding the contract to the second
low bidder, or forfeiture of the bid bond, whichever is higher.
Effective August 15, 2011.
(Adds R.S. 38:2212.10 and R.S. 39:2193)