HASBSB111 TYLERT 2847
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 111 2021 Regular Session Womack
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
PUBLIC WORKS. Provides for bids, claims, and payments involving public
contracts. (8/1/21)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Removes unchanged language (R.S. 38:1115(A) regarding the time period
for holding bids.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
SB 111 Reengrossed 2021 Regular Session Womack
Present law requires public entities to promptly pay all obligations arising under a public
contract when they become due and payable.
Proposed law retains this provision but includes payment of approved change orders.
Present law requires public work contracts exceeding contract limit as provided in present
law be advertised and let by contract to the lowest responsible and responsive bidder who
bids according to the bidding documents as advertised. Requires public entities advertising
for public work use only the Louisiana Uniform Bid Form and that the bidding documents
include specific information.
Proposed law retains these provisions but requires that any change by a bidder to the bid
prior to its submission be scratched through and initialed by the bidder or the person
submitting the bid and that the change as initialed is binding.
Proposed law provides that as to electronic bid submissions, the last timely submission by
each and any bidder is binding.
Present law requires that an entity not act later than 45 days after the opening of bids to
award the contract or reject all bids.
Proposed law retains these provisions.
Present law provides for recordation of certain change orders with the recorder of mortgages
in the parish where the public work is to be done or if not a public work, then where the
entity is domiciled. Requires recordation of the original contract with the change order if not
previously recorded.
Proposed law retains these provisions but requires that change orders be processed and issued
by the public entity no later than 40 days following final execution of the change order.
Present law provides for acceptance of work by a governing authority not later than 30
calendar days after its completion or substantial completion of the work. Provides that if the
public entity does not file an acceptance, then the contractor is to record an acceptance of the
work not later than 45 calendar days after completion or substantial completion.
Proposed law retains this provision.
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Present law provides the acceptance not be executed except upon recommendation of the
design professional hired by the public entity whose recommendation may not be later than
30 calendar days after completion or substantial compliance.
Proposed law retains this provision but requires that the acceptance as recommended by the
design professional be made not later than 30 calendar days and requires that the public entity
not take, use, or occupy the public work or use or occupy the specified area of the public
work until substantial completion is filed unless an approved agreement of partial occupancy
is executed between the public entity, the design professional of record, and the contractor.
Provides that failure to comply is subject to a writ of mandamus.
Effective August 1, 2021.
(Amends R.S. 38:2191(A), 2212(B)(2), 2222, and 2241.1(C); adds R.S. 38:2212(E)(8) and
2241.1(D))
______________________
Thomas L. Tyler
Deputy Chief of Staff
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