HLS 12RS-942 ORIGINAL
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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. 619
BY REPRESENTATIVE PATRICK WILLIAMS
PUBLIC CONTRACT/BIDS: Provides for a preference for services by companies
domiciled in La. relative to the public bid process
AN ACT1
To enact R.S. 38:2251(M) relative to public contracts; to provide for a preference for2
services by companies domiciled in Louisiana; to provide for definitions; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 38:2251(M) is hereby enacted to read as follows: 6
ยง2251. Preference for products produced or manufactured in Louisiana or for7
services provided by companies domiciled in Louisiana; exceptions8
* * *9
M.(1) For the purpose of this Subsection, the following words shall have the10
following meanings:11
(a) "Company domiciled in Louisiana" shall mean any person or persons,12
partnership, company, association, or corporation authorized to do business under13
the laws of the state of Louisiana for no less than one year, with a physical office14
with a street address in Louisiana, with no less than one full-time employee, and a15
workforce comprised of no less than fifty percent Louisiana residents.16
(b) "Services" shall mean the furnishing of an intangible commodity or17
labor, time, or effort, not involving the delivery of a specific end product other than18
reports which are incidental to the required performance.19 HLS 12RS-942 ORIGINAL
HB NO. 619
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are additions.
(2) Except as otherwise provided in this Section, each procurement officer,1
purchasing agent, or similar official who procures or contracts for services under the2
provisions of this Chapter may contract for services which are offered by a company3
domiciled in Louisiana, and which are equal to other services, provided that all of the4
following conditions are met:5
(a) The cost of the services provided by the company domiciled in Louisiana6
does not exceed the cost of other services offered by companies outside the state by7
more than ten percent.8
(b) The company domiciled in Louisiana agrees to contract for services at9
the same price as the lowest bid offered on such services.10
(c) In cases where more than one company domiciled in Louisiana offers11
bids on services which are within ten percent of the lowest bid, the company12
domiciled in Louisiana offering the lowest bid on services is entitled to accept the13
price of the lowest bid made on such services.14
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)]
Patrick Williams HB No. 619
Abstract: Authorizes a preference in state procurement for services provided by companies
domiciled in La.
Proposed law provides for the following definitions:
(1)"Company domiciled in La." means any person or persons, partnership, company,
association, or corporation authorized to do business under the laws of the state of
La. for no less than one year, with a physical office with a street address in La., with
no less than one full time employee, and a workforce comprised of a no less than
50% La. residents.
(2)"Services" means the furnishing of an intangible commodity or labor, time, or effort,
not involving the delivery of a specific end product other than reports which are
incidental to the required performance.
Proposed law authorizes a procurement officer, purchasing agent, or similar official who
procures or contracts for services under the provisions of present law (the Public Bid Law)
may contract for services which are offered by a company domiciled in La., and which are
equal to other services, provided that all of the following conditions are met: HLS 12RS-942 ORIGINAL
HB NO. 619
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are additions.
(1)The cost of the services provided by the company domiciled in La. does not exceed
the cost of other services offered by companies outside the state by more than 10%.
(2)The company domiciled in La. agrees to contract for services at the same price as the
lowest bid offered on such services.
(3)In cases where more than one company domiciled in La. offers bids which are within
10% of the lowest bid, the company domiciled in La. offering the lowest bid on
services is entitled to accept the price of the lowest bid made on such services.
(Adds R.S. 38:2251(M))