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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, 2013
SENATE BILL NO. 65
BY SENATOR MURRAY
PUBLIC CONTRACTS. Exempts the New Orleans Aviation Board from certain restrictions
on the use of construction managers or third-party consultants. (8/1/13)
AN ACT1
To amend and reenact R.S. 38:2212(A)(3)(g), relative to construction managers or third-2
party consultants employed by a public entity; to remove certain restrictions on the3
use of construction managers or third-party consultants by the New Orleans Aviation4
Board in Orleans Parish; and to provide for related matters.5
Notice of intention to introduce this Act has been published.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 38:2212(A)(3)(g) is hereby amended and reenacted to read as8
follows:9
§2212. Advertisement and letting to lowest responsible bidder; public work;10
electronic bidding; participation in mentor-protégé program;11
exemptions12
A.(1) * * *13
(3)(a) * * *14
(g)(i) No construction manager or any other third-party consultant employed15
by a public entity may manage a construction project as a general contractor or act16
in the role of the general contractor to oversee, direct, or coordinate individual trade17 SB NO. 65
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
contractors on behalf of the public entity, or accept bids or itself bid on the public1
work or components of the public work with respect to which the manager or2
consultant is employed or contracted to manage or consult.3
(ii) The provisions of Item (i) of this Subparagraph shall not apply to the4
initial construction of a hospital, medical facility, or a combination of both,5
constructed by the Orleans Hospital Service District, but shall apply to the6
construction of any additions or modifications of a hospital, medical facility, or a7
combination of both, constructed by the Orleans Hospital Service District following8
the completion of the initial construction. The provisions of this Item shall not9
relieve the Orleans Hospital Service District from complying with all other10
applicable provisions of this Title.11
(iii) The provisions of Item (i) of this Subparagraph shall not apply to the12
initial construction of an airport terminal and related support facility, aviation13
facility, or any combination thereof, constructed by the New Orleans Aviation14
Board, but shall apply to the construction of any additions or modifications of15
an airport terminal and related support facility, aviation facility, or any16
combination thereof, constructed by the New Orleans Aviation Board following17
the completion of the initial construction. The provisions of this Item shall not18
relieve the New Orleans Aviation Board from complying with all other19
applicable provisions of this Title.20
(iv) All construction contracts on public works shall be opened in a public21
meeting. All subcontractors bidding on the project shall be invited to the meeting22
and the general contractor shall list in the bid documents who the subcontractors will23
be on the project.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Present law prohibits a construction manager or any other third-party consultant employed
by a public entity from managing a construction project as a general contractor or acting in
the role of the general contractor to oversee, direct, or coordinate individual trade contractors
on behalf of the public entity, or accepting bids or itself bid on the public work or SB NO. 65
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
components of the public work with respect to which the manager or consultant is employed
or contracted to manage or consult.
Present law exempts the Orleans Hospital Service District from the general prohibition in
present law, relative to the initial construction of a hospital, medical facility, or a
combination of both and further provides that the Orleans Hospital Service District is not
relieved from complying with all other applicable provisions of Title 38.
Proposed law exempts the New Orleans Aviation Board from the general prohibition in
present law, relative to the initial construction of an airport terminal and related support
facility, aviation facility, or any combination thereof, and further provides that the New
Orleans Aviation Board is not relieved from complying with all other applicable provisions
of Title 38.
Proposed law retains present law that requires that all construction contracts on public works
be opened in a public meeting and that all subcontractors bidding on the project be invited
to the meeting and that the general contractor list in the bid documents who the
subcontractors will be on the project.
Effective August 1, 2013.
(Amends R.S. 38:2212(A)(3)(g))