ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 367
BY REPRESENTATIVE LEGER
AN ACT1
To amend and reenact R.S. 38:2212(A)(3)(g), relative to construction managers; to remove2
certain restrictions on the use of construction managers or third-party consultants in3
Orleans Parish; and to provide for related matters.4
Notice of intention to introduce this Act has been published5
as provided by Article III, Section 13 of the Constitution of6
Louisiana.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 38:2212(A)(3)(g) is hereby amended and reenacted to read as9
follows:10
§2212. Advertisement and letting to lowest responsible bidder; public work;11
electronic bidding; participation in mentor-protégé program; exemptions12
A.13
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(3)15
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(g)(i) No construction manager or any other third-party consultant employed17
by a public entity may manage a construction project as a general contractor or act18
in the role of the general contractor to oversee, direct, or coordinate individual trade19
contractors on behalf of the public entity, or accept bids or itself bid on the public20
work or components of the public work with respect to which the manager or21
consultant is employed or contracted to manage or consult.22
(ii) The provisions of Item (i) of this Subparagraph shall not apply to the23
initial construction of a hospital, medical facility, or a combination of both,24 ENROLLEDHB NO. 367
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are additions.
constructed by the Orleans Hospital Service District, but shall apply to the1
construction of any additions or modifications of a hospital, medical facility, or a2
combination of both, constructed by the Orleans Hospital Service District following3
the completion of the initial construction. The provisions of this Item shall not4
relieve the Orleans Hospital Service District from complying with all other5
applicable provisions of Title 38.6
(iii) All construction contracts on public works shall be opened in a public7
meeting. All subcontractors bidding on the project shall be invited to the meeting8
and the general contractor shall list in the bid documents who the subcontractors will9
be on the project.10
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: