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)]
HB 220 Engrossed 2021 Regular Session Gregory Miller
Abstract: Provides a specified time period after judicial determination for a public works contract
to be awarded. Prohibits judgments awarded from an injunction or writ of mandamus for
public works contracts from suspensive appeals.
Present law requires a public entity act not later than 45 calendar days after the date opening bids to
award the public works contract to the lowest responsible and responsive bidder or to reject all bids.
Present law authorizes the public entity and the lowest responsible and responsive bidder to extend
the deadline for award by one or more extensions of 30 calendar days by a mutually written
agreement.
Present law requires the lowest responsible and responsive bidder and the public entity to execute
the contract not later than 60 calendar days after the date of the public entity's award of the contract
to the lowest responsible and responsive bidder if the lowest responsible and responsive bidder has
timely provided all documents required by present law and no injunction or temporary restraining
order is in effect.
Present law requires the contractor to issue notice to move forward with the project or work order
not later than 30 calendar days following the date of execution of the contract by both parties,
whichever execution date is later. Present law authorizes the public entity and the contractor to
extend the deadline to issue notice to move forward upon a mutual written consent.
Present law prohibits the application of present law when the contract will either be financed by
bonds which are required to be sold after opening bids on the contract, by federal or other funds in
whole or in part which will not be readily available at the time bids are opened, or on contracts
requiring a poll of the Legislature of La. before funds are available for the contract. Present law
requires any time limit stipulated in present law be mentioned in the bidding documents for the
project and in the official advertisement of bids required in accordance with present law.
Proposed law retains present law and requires that a public entity, in the event of an interested party
or bidder who files for an injunction or writ of mandamus, act not later than 45 calendar days after
the date of a judgment by a La. district court determining the lowest responsible and responsive
bidder to award a public works contract in accordance with said judgment.
Proposed law specifies that any judgment issued by a La. district court mandating the award of a
public works contract is not subject to a suspensive appeal. (Amends R.S. 38:2215(A))