SLS 19RS-226 ORIGINAL
2019 Regular Session
SENATE BILL NO. 233
BY SENATOR GARY SMITH
PUBLIC WORKS. Increases the threshold dollar amount that requires public bid for public
works projects in St. Charles parish. (8/1/19)
1 AN ACT
2 To amend and reenact R.S. 38:2212(C)(1) and (S) and to enact R.S. 38:2212(C)(4), relative
3 to public works projects let by St. Charles Parish; to raise the threshold dollar
4 amount that requires a public bid; 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(C)(1) and (S) is hereby amended and reenacted and R.S.
8 38:2212(C)(4) is hereby enacted to read as follows:
9 §2212. Advertisement and letting to lowest responsible and responsive bidder;
10 public work; electronic bidding; participation in mentor-protégé
11 program; exemptions
12 * * *
13 C.(1) Except as provided in Paragraphs (2), and (3), and (4) of this
14 Subsection, the term "contract limit" as used herein shall be equal to the sum of one
15 hundred fifty thousand dollars per project, including labor, materials, and equipment
16 as per the rates in the latest edition of the Associated Equipment Dealers Rental Rate
17 Book and administrative overhead not to exceed fifteen percent, provided that
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 19RS-226 ORIGINAL
1 beginning February 1, 2015, and annually on February first of each subsequent year,
2 the office of facility planning and control within the division of administration shall
3 adjust the "contract limit" by an amount not to exceed the annual percentage increase
4 in the Consumer Price Index in the preceding year. The office of facility planning
5 and control within the division of administration shall publish the new contract limit
6 for public works contracts in the Louisiana Register in January of each year.
7 * * *
8 (4) For public work to be done by the St. Charles Parish governing
9 authority, the term "contract limit" as used herein shall be equal to the sum of
10 two hundred fifty thousand dollars per project, including labor, materials, and
11 equipment as per the rates in the latest edition of the Associated Equipment
12 Dealers Rental Rate Book and administrative overhead not to exceed fifteen
13 percent, provided that beginning February 1, 2021, and annually on February
14 first of each subsequent year, the office of facility planning and control within
15 the division of administration shall adjust the "contract limit" by an amount
16 not to exceed the annual percentage increase in the Consumer Price Index in the
17 preceding year. The office of facility planning and control within the division
18 of administration shall publish the new contract limit for public works contracts
19 let by the St. Charles Parish governing authority in the Louisiana Register in
20 January of each year beginning in January 2021.
21 * * *
22 S. The provisions of this Section shall not prevent public entities from using
23 their regular maintenance employees for labor necessary in the maintenance,
24 construction, or extension of publicly owned and operated electric public utilities.
25 With respect to the construction or extension of all other public utilities, the
26 provisions of this Section shall not prevent public entities from using their regular
27 maintenance employees when the cost of the work per project does not exceed one
28 hundred fifty thousand dollars, including labor and materials, or two hundred fifty
29 thousand dollars for the cost of work per project on St. Charles Parish publicly
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 19RS-226 ORIGINAL
1 owned utilities. All purchases of materials or supplies exceeding the contract limit
2 provided for in this Section shall be let by public bid as provided in this Part.
3 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
SB 233 Original 2019 Regular Session Gary Smith
Present law provides that all public work exceeding the contract limit, including labor and
materials, to be done by a public entity shall be advertised and let by contract to the lowest
responsible and responsive bidder who bid according to the bidding documents as
advertised, and that no such public work shall be done except as provided in present law.
Present law provides, with certain exceptions, that the term "contract limit" shall be equal
to the sum of $150,000 per project, including labor, materials, and equipment as per the rates
in the latest edition of the Associated Equipment Dealers Rental Rate Book and
administrative overhead not to exceed 15%. Provides that beginning February 1, 2015, and
annually on February 1st of each subsequent year, the office of facility planning and control
within the division of administration shall adjust the "contract limit" by an amount not to
exceed the annual percentage increase in the Consumer Price Index in the preceding year.
The contract limit published in the Louisiana Register in the January 2019 edition is
$157,700.
Proposed law provides an exception to the "contract limit" definition for public work to be
done by the St. Charles Parish governing authority. Provides that the term "contract limit"
shall be equal to the sum of $250,000 per project, including labor, materials, and equipment
as per the rates in the latest edition of the Associated Equipment Dealers Rental Rate Book
and administrative overhead not to exceed 15%. Provides that beginning February 1, 2021,
and annually on February 1st of each subsequent year, the office of facility planning and
control within the division of administration shall adjust the "contract limit" by an amount
not to exceed the annual percentage increase in the Consumer Price Index in the preceding
year. The office of facility planning and control within the division of administration shall
publish the new contract limit for public works contracts let by the St. Charles Parish
governing authority in the Louisiana Register in January of each year.
Present law provides that present law shall not prevent public entities from using their
regular maintenance employees for labor necessary in the maintenance, construction, or
extension of publicly owned and operated electric public utilities. With respect to the
construction or extension of all other public utilities, provides that the provisions of present
law shall not prevent public entities from using their regular maintenance employees when
the cost of the work per project does not exceed $150,000, including labor and materials.
Requires all purchases of materials or supplies exceeding the contract limit provided for in
present law to be let by public bid.
Proposed law makes an exception from present law for St. Charles Parish owned publicly
utilities and raises the threshold to $250,000.
Effective August 1, 2019.
(Amends R.S. 38:2212(C)(1) and (S); adds R.S. 38:2212(C)(4))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.