RÉSUMÉ DIGEST
ACT 260 (HB 220) 2021 Regular Session Gregory Miller
Existing 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. Existing 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.
Existing 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 existing law and no
injunction or temporary restraining order is in effect.
Existing 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. Existing law authorizes the public entity and the
contractor to extend the deadline to issue notice to move forward upon a mutual written
consent.
Existing law prohibits the application of existing 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. Existing law requires that any time limit stipulated in existing law be
mentioned in the bidding documents for the project and in the official advertisement of bids
required in accordance with existing law.
New law retains existing law and expedites the judicial process. Requires that a public
entity, in the event of an interested party or bidder who files for an injunction or writ of
mandamus, is required to receive a trial within 30 calendar days of filing suit in the district
court. Requires a final judgement be rendered not more than 15 calendar days after the
conclusion of the trial. Further requires a public entity to award a public works contract in
accordance with the rendered judgment no later than 45 days after the judgment unless a
timely suspensive appeal is filed.
New law reserves a public entity's right to a suspensive appeal. Requires only the public
entity to take a suspensive appeal within 15 days of the rendered final judgment, unless
waived. Requires the suspensive appeal be returnable to the appropriate appellate court not
more than 15 calendar days from the rendered final judgment. Further requires the
suspensive appeal be expedited and heard no later than 30 calendar days from the return of
the appeal.
New law provides under no circumstance may an awarded bidder agree to relinquish or to
compromise its award status in favor of another bidder.
Effective August 1, 2021.
(Amends R.S. 38:2215(A))