HLS 14RS-1301 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 908
BY REPRESENTATIVE COX
PUBLIC CONTRACTS: Requires government contractors to document equal pay practices
AN ACT1
To amend and reenact R.S. 38:2212(A)(1)(b)(ii)(bb) and to enact R.S. 38:2212.11, relative2
to the Public Bid Law; to require documentation of equal pay practices by employers3
contracting with a public entity; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 38:2212(A)(1)(b)(ii)(bb) is hereby amended and reeancted and R.S.6
38:2212.11 is hereby enacted to read as follows:7
§2212. Advertisement and letting to lowest responsible bidder; public work;8
electronic bidding; participation in mentor-protégé program; exemptions9
A.(1)10
* * *11
(b)12
* * *13
(ii)14
* * *15
(bb) Other documentation and information required including but not limited16
to the low bidder's attestation pursuant to R.S. 38:2212.10, 2212.11, and 2227 shall17
be furnished by the low bidder within ten days after the bid opening. The ten-day18
period shall not be altered or waived by any public entity except the governing19
authority of any publicly owned commercial aviation airport, the Sewerage and20 HLS 14RS-1301 ORIGINAL
HB NO. 908
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are additions.
Water Board of New Orleans, and all agencies of the City of New Orleans, including1
but not limited to the Regional Transit Authority and the New Orleans Aviation2
Board, who shall require that the other documentation and information referred to3
in this Subitem be furnished by the two lowest bidders three days after the bid4
opening.5
* * *6
§2212.11. Documentation of equal pay in public contracts7
A. A public entity may not enter into a contract for goods or services with8
any private employer unless the private employer complies with all of the following:9
(1) Provides a sworn affidavit attesting that the pay practices of the private10
employer comply with R.S. 23:661 through 669.11
(2) Complies with R.S. 23:661 through 669 during the term of the contract;12
and13
(3) Maintains and makes available its records pursuant to R.S. 23:668 at14
reasonable times upon notice from the contracting public entity.15
B. A private employer shall require all subcontractors to satisfy the16
requirements listed in Subsection A of this Section.17
C. A public entity contracting with a private employer that is in violation of18
the provisions of this Section shall require the employer to comply with the19
provisions of this Section within a reasonable period of time. A private employer20
that fails to meet such requirement is subject to cancellation of any public contract.21
D. A private employer penalized in accordance with this Section has the22
right to appeal to the appropriate agency, department, or other public entity23
sanctioning the employer.24
E. Under this Section, a private employer is subject to cancellation of a25
contract pursuant to Subsection C of this Section for the actions of a subcontractor26
only if the private employer had actual knowledge of the subcontractor's failure to27
comply.28 HLS 14RS-1301 ORIGINAL
HB NO. 908
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Cox HB No. 908
Abstract: Requires documentation of equal pay practices.
Present law requires the low bidder to a public contract to submit certain documentation and
information within 10 days after the bid opening.
Proposed law retains present law and adds verification of equal pay practices to the
documentation and information that must be submitted under present law.
Proposed law provides that a public entity may not enter a contract for goods or services
with a private employer unless the private employer:
(1)Provides a sworn affidavit attesting compliance with proposed law;
(2)Complies with proposed law during the term of the contract; and
(3)Maintains and makes available its records required under proposed law at reasonable
times upon notice from the contracting public entity.
Proposed law provides that a private employer must require subcontractors to fulfill all equal
pay requirements under proposed law.
Proposed law provides that a public entity contracting with a private employer that is in
violation of proposed law must require the employer to comply with proposed law within
a reasonable amount of time and that a private employer that fails to meet such a
requirement is subject to termination of any public contract.
Proposed law provides that a private employer penalized in accordance with proposed law
has the right to appeal to the appropriate agency, department, or other public entity
sanctioning the employer.
Proposed law provides that the actions of a subcontractor in violation of proposed law will
subject a private employer to the penalties associated with public contracts under proposed
law only if the private employer had actual knowledge of the subcontractor's failure to
comply with proposed law.
(Amends R.S. 38:2212(A)(1)(b)(ii)(bb); Adds R.S. 38:2212.11)