HLS 13RS-775 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 556
BY REPRESENTATIVE WESLEY BISHOP
PUBLIC CONTRACTS: Provides relative to contracts let by certain entities for capital
projects in Orleans Parish
AN ACT1
To enact R.S. 38:2225.2.3, relative to public contracts in Orleans Parish; to provide for the2
use of the competitive sealed proposal method in Orleans Parish by certain entities3
for certain projects; to provide for definitions; 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. 38:2225.2.3 is hereby enacted to read as follows:9
ยง2225.2.3. Competitive sealed proposal method; authorized use by the Orleans10
Parish School Board and Recovery School District for certain projects in11
Orleans Parish12
A. Notwithstanding any provision to the contrary, the following public13
entities may use the competitive sealed proposal method, in the construction,14
reconstruction, rehabilitation, alteration, or repair, for any building or structure in15
Orleans Parish which has been destroyed or damaged by Hurricane Katrina,16
Hurricane Rita, or both, or any public building or structure in Orleans Parish that is17
to be constructed or repaired to meet a homeland security or criminal justice need18 HLS 13RS-775 ORIGINAL
HB NO. 556
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pursuant to a hurricane recovery plan: the Orleans Parish School Board and the1
Recovery School District. This authority shall extend until July 1, 2015.2
B. For purposes of this Section:3
(1) "Competitive sealed proposal method" means a method by which a4
governmental entity requests proposals for construction, rehabilitation, alteration, or5
repair of a building or structure, ranks the offers, negotiates as prescribed, and then6
contracts with a general contractor for the work.7
(2) "Competitive sealed contractor" means the entity which is responsible8
for delivering the project construction based on the best value as set forth in the bid9
selection criteria.10
C. Whenever a public entity resolves to construct or repair any public11
building or structure through the competitive sealed proposal method pursuant to this12
Section, it shall do the following:13
(1) Adopt a list of projects for which a contractor will be selected through14
the competitive sealed proposal method.15
(2) Adopt procedures for developing plans, specifications, qualifications, and16
other matters pertaining to procedures for adverting, reviewing, and selecting17
contractors using the competitive sealed proposal method, and letting such contracts.18
(3) The procedures adopted pursuant to this Section shall include, at a19
minimum:20
(a) All contractors performing construction work for the projects undertaken21
using the competitive sealed proposal method shall be licensed by the State22
Licensing Board for Contractors.23
(b) Public announcement procedures for solicitation of interested24
competitive sealed contractors.25
(c) All notices of intent to select a competitive sealed contractor shall be26
advertised a minimum of thirty days prior to the deadline for receipt of responses and27
shall contain a brief description of the project, the required scope of services, and28
sufficient information for competitive sealed contractors to determine their interest.29 HLS 13RS-775 ORIGINAL
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D. The public entity shall select or designate an architect or engineer, duly1
licensed to do business in the state, to prepare construction documents for a project2
to be constructed utilizing the competitive sealed proposal method. If the engineer3
or architect is not a full-time employee of the public entity, the public entity shall4
select the engineer or architect as provided by all applicable laws.5
E. The public entity shall prepare and publish a request for competitive6
sealed proposals that includes the construction documents, selection criteria, and the7
weighted value for each criterion, estimated budget, project scope, estimated project8
completion date, and other information that may be required for a contractor to9
respond to the request.10
F. The public entity shall provide or contract for, independently of the11
competitive sealed contractor, the inspection services, the testing of construction12
materials engineering, and the verification testing services necessary for acceptance13
of the facility or project by the public entity. The public entity shall select those14
services for which it contracts in accordance with all applicable state laws, and shall15
identify them in the request for proposals.16
G. The public entity shall receive, publically open, and read aloud the names17
of the competitive sealed contractors that offered a proposal, and if any are required18
to be stated, all prices stated in each proposal. The public entity shall avoid19
disclosing the contents of each proposal that may be subject to final negotiations20
with the selected offeror or offerors. Not later than forty-five days after the date on21
which the proposals are opened, the public entity shall evaluate and rank each22
proposal submitted in relation to the published selection criteria.23
H. (1) The public entity shall select the offeror or offerors that provide the24
best value for the entity based on the selection criteria in the request for proposal and25
the weighted value for those criteria in the request for proposals and its ranking26
evaluation.27
(2) The public entity shall first attempt to negotiate scope, time28
modifications, or price with the selected offeror or offerors for the purpose of29 HLS 13RS-775 ORIGINAL
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addressing cost reasonableness and bringing the project within budget. After these1
negotiations, all selected offeror or offerors shall be given the opportunity to submit2
best and final offers. The the public entity shall negotiate a contract with the selected3
offeror whose final offer provides the best value.4
(3) If the public entity is unable to negotiate and award a satisfactory5
contract with the offeror whose final offer provides the best value as provided in6
Paragraph 2 of this Subsection, the public entity shall, formally and in writing, end7
negotiations with that offeror and proceed to the next offeror in the order of the8
selection ranking until a contract is awarded or all proposals are rejected.9
I. The provisions of this Section shall supercede any conflicting provisions10
of any law, including but not limited to the requirements of Chapter 10 of this Title.11
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)]
Wesley Bishop HB No. 556
Abstract: Authorizes the Recovery School District and the Orleans Parish School Board
to use the competitive sealed proposal method to contract out work to be done on
certain hurricane damaged property in Orleans Parish until July 1, 2015.
Proposed law authorizes the Recovery School District and the Orleans Parish School Board
to use the competitive sealed proposal method to contract out work to be done on certain
hurricane damaged property in Orleans Parish until July 1, 2015.
Proposed law defines "competitive sealed proposal method" and "competitive sealed
contractor" for purposes of proposed law.
Proposed law provides that to construct or repair any public building or structure through
the competitive sealed proposal method, a public entity shall adopt a list of projects for
which a contractor will be selected through the competitive sealed proposal method.
Proposed law further requires that the public entity adopt procedures for developing plans,
specifications, qualifications, and other matters pertaining to procedures for adverting,
reviewing, and selecting contractors using the competitive sealed proposal method, and
letting such contracts and provides for minimum requirements for all adopted procedures.
Proposed law requires that the public entity shall select or designate a architect or engineer
to prepare construction documents for a project to be constructed pursuant to proposed law.
Proposed law provides the method by which proposals shall be opened and how a
competitive sealed contractor shall be selected and awarded a contract. HLS 13RS-775 ORIGINAL
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Proposed law supercedes conflicting provisions of law relative to bidding for public
contracts for entities and work listed in proposed law.
(Adds R.S. 38:2225.2.3)