SLS 12RS-361 ORIGINAL
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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, 2012
SENATE BILL NO. 287
BY SENATOR NEVERS
PUBLIC CONTRACTS. Provides for fair treatment for materials produced, manufactured,
or fabricated in Louisiana used in public works. (8/1/12)
AN ACT1
To enact R.S. 38:2213.1, relative to public works; to provide for fair treatment for materials2
produced, manufactured, or fabricated in Louisiana used in public works; to provide3
for definitions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 38:2213.1 is hereby enacted to read as follows: 6
ยง2213.1. Fair treatment for materials produced, manufactured, or fabricated7
in Louisiana used in public works8
A. This Section shall be known and may be referred to as the "Louisiana9
Products Fair Treatment Act".10
B. Notwithstanding any other provision of law to the contrary, a11
contractor submitting a bid to a public entity for a public work under the12
provisions of this Chapter shall use in his bid on the public work and his13
construction of the public work materials produced, manufactured, or14
fabricated in Louisiana, provided all of the following conditions are met:15
(1) The materials produced, manufactured, or fabricated in Louisiana16
meet bid specifications.17 SB NO. 287
SLS 12RS-361 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) The materials produced, manufactured, or fabricated in Louisiana1
shall be approved by the architect, engineer, or other party responsible for the2
bid documents and shall be listed in the bid documents with contact information3
for the supplier or producer. It shall be the responsibility of the producer,4
manufacturer, or fabricator to have their product approved and listed in the bid5
documents.6
(3) The cost of the materials produced, manufactured, or fabricated in7
Louisiana is equal to or less than the cost of materials produced, manufactured,8
or fabricated outside Louisiana, and the materials are available to the9
contractor in a manner that meets the contractor's schedule for delivery of the10
materials to the project.11
C. As used in this Section, the following terms shall have the following12
meanings:13
(1) "Materials" means the elements, constituents, or substances of which14
a public work is made and that are physically incorporated into the public15
work.16
(2) "Third party" means any person, partnership, association,17
foundation, corporation, or other legal entity that is not a public entity as18
defined in this Chapter.19
D. The provisions of this Section shall apply to any contractor who bids20
on and constructs a building or other structure for a third party that under the21
terms of a memorandum of understanding or other contractual agreement with22
a public entity is intended to be used for a public purpose.23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas F. Wade.
DIGEST
Proposed law provides for the "Louisiana Products Fair Treatment Act". Provides that a
contractor submitting a bid to a public entity for a public work under the provisions of
present law shall use in his bid on the work and his construction of the public work materials
produced, manufactured, or fabricated in Louisiana, provided all of the following conditions
are met: SB NO. 287
SLS 12RS-361 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1)The Louisiana materials meet bid specifications.
(2)The materials produced, manufactured, or fabricated in Louisiana shall be approved
by the architect, engineer, or other party responsible for the bid documents and shall
be listed in the bid documents with contact information for the supplier or producer.
It shall be the responsibility of the producer, manufacturer, or fabricator to have their
product approved and listed in the bid documents.
(3)The cost of the Louisiana materials is equal to or less than the cost of the materials
produced, manufactured, or fabricated outside Louisiana and are available to the
contractor in a manner that meets the contractor's schedule for delivery of the
materials to the project.
Proposed law applies to any contractor who bids on and constructs a building or other
structure for a third party that under the terms of a memorandum of understanding or other
contractual agreement with a public entity is intended to be used for a public purpose.
Proposed law defines "materials" to mean the elements, constituents, or substances of which
a public work can be made and that are physically incorporated into the public work.
Proposed law defines "third party" to mean any person, partnership, association, foundation,
corporation, or other legal entity that is not a public entity as defined in present law.
Effective August 1, 2012.
(Adds R.S. 38:2213.1)