SLS 22RS-482 ENGROSSED
2022 Regular Session
SENATE BILL NO. 271
BY SENATOR WOMACK AND REPRESENTATI VE ROMERO
CONTRACTS. Provides relative to bidding requirements on public works projects.
(gov sig)
1 AN ACT
2 To amend and reenact R.S. 38:2212(B)(2) and (H) and to enact R.S. 38:2211(A)(15),
3 relative to bidding requirements on public works projects; to prohibit additional
4 requirements for information requested by public entities; to provide relative to
5 bidders' information on public bids; to provide for definitions; and to provide for
6 related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 38:2212(B)(2) and (H) are hereby amended and reenacted and R.S.
9 38:2211(A)(15) is hereby enacted to read as follows:
10 §2211. Definitions
11 A. As used in this Chapter unless the context clearly indicates otherwise, the
12 following terms shall mean:
13 * * *
14 (15) "Working days", for the purposes of this Part, means the days
15 Monday through Friday, excluding recognized holidays and declared
16 emergencies.
17 * * *
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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. 271
SLS 22RS-482 ENGROSSED
1 §2212. Advertisement and letting to lowest responsible and responsive bidder;
2 public work; electronic bidding; participation in mentor-protégé
3 program; exemptions; subpoena
4 * * *
5 B. * * *
6 (2) Any public entity advertising for public work shall use only the Louisiana
7 Uniform Bid Form as promulgated in accordance with the Administrative Procedure
8 Act by the division of administration, office of facility planning and control. The
9 bidding documents shall require only the following information and documentation
10 to be submitted by a bidder at the time designated in the advertisement for bid
11 opening: Bid Security or Bid Bond, Acknowledgment of Addenda, Base Bid,
12 Alternates, Signature of Bidder, Name, Title, and Address of Bidder, Name of Firm
13 or Joint Venture, Corporate Resolution or written evidence of the authority of the
14 person signing the bid, and Louisiana Contractors License Number, and on public
15 works projects where unit prices are utilized, a section on the bid form where the unit
16 price utilized in the bid shall be set forth including a description for each unit;
17 however, unit prices shall not be utilized for the construction of building projects,
18 unless the unit prices and their extensions are incorporated into the base bid or
19 alternates. If a public entity adds any additional requirements for information,
20 unless mandated by state or federal requirements, the requirements shall be
21 void and not considered in the award of the contract. Any timely change by a
22 bidder to the bid prior to submission of the bid shall be scratched through and
23 initialed by the bidder or the person who submits the bid. The change as initialed
24 shall be binding.
25 * * *
26 H. Every public entity intending to advertise a public work for bids shall
27 estimate the probable construction costs of such public work or obtain such estimate
28 from the project designer prior to advertising such public work for bids. No public
29 entity shall advertise a public work for bids unless funds that meet or exceed the
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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. 271
SLS 22RS-482 ENGROSSED
1 estimate of the probable construction costs have been budgeted by the public entity
2 for the project. The estimate of probable construction costs for the project shall be
3 made available at the time of bid opening, either by posting such estimate
4 electronically or announcing aloud such estimate at the bid opening. Any and all
5 bidders' information shall be available upon request, either no sooner than fourteen
6 nine working days following the bid opening or after the recommendation of award
7 by the public entity or the design professional, whichever occurs first, and the
8 requester shall pay reasonable reproduction costs. The provisions of this Subsection
9 shall not apply to the Department of Transportation and Development.
10 * * *
11 Section 2. This Act shall become effective upon signature by the governor or, if not
12 signed by the governor, upon expiration of the time for bills to become law without signature
13 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
14 vetoed by the governor and subsequently approved by the legislature, this Act shall become
15 effective on the day following such approval.
The original instrument was prepared by Curry J. Lann. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Archana Cadge.
DIGEST
SB 271 Engrossed 2022 Regular Session Womack
Present law (R.S. 38:2211) requires any public entity advertising for public work to use only
the Louisiana Uniform Bid Form and specifically provides for the required information and
documentation to be submitted by a bidder.
Proposed law retains present law.
Proposed law voids any additional requirements for information requested by a public entity
and prohibits the additional requirements from being considered in the award of the contract
unless the requirement is mandated by state or federal requirements.
Present law requires all bidders' information on public bids to be made available upon
request, either no sooner than fourteen days following the bid opening or after the
recommendation of award by the public entity or the design professional, whichever occurs
first, with the requester responsible for payment of reasonable reproduction costs.
Proposed law shortens the request time from no sooner than fourteen days to no sooner than
nine working days following the bid opening and otherwise retains present law.
Proposed law defines "working days" as the days Monday through Friday, excluding
recognized holidays and declared emergencies.
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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. 271
SLS 22RS-482 ENGROSSED
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 38:2212(B)(2) and (H); adds R.S. 38:2211(A)(15))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Provides that "working days" excludes times of a declared emergency.
2. Provides that additional federal and state requirements maybe added to an
advertisement.
3. Increases the number of days a bidder's information is available from seven
to nine working days following bid opening.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.