HLS 23RS-486 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 80
BY REPRESENTATIVE GADBERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONTRACTS: Provides relative to the prior approval process available to potential
suppliers
1 AN ACT
2To amend and reenact R.S. 38:2295(C)(1), relative to plans and specifications for public
3 works; to change the length of time a prime design professional has to approve or
4 deny a product submission; to remove the automatic approval of a product if the
5 prime design professional fails to respond within the allotted time period; to
6 authorize the prime design professional to extend the time period for approval or
7 denial; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 38:2295(C)(1) is hereby amended and reenacted to read as follows:
10 ยง2295. Plans and specifications; required provisions
11 * * *
12 C.(1) A potential supplier may, but is not required to, submit a particular
13 product for prior approval other than a product specified in the contract documents,
14 no later than seven working days prior to the opening of bids. Within three five
15 days, exclusive of holidays and weekends, after submission, the prime design
16 professional shall furnish to both the public entity and the potential supplier written
17 approval or denial of the product submitted. If the prime design professional fails
18 to respond within the time period provided for in this Paragraph, the submitted
19 product shall be considered approved. The time period may be extended by the
20 prime design professional a maximum of ten additional days, exclusive of holidays
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-486 ORIGINAL
HB NO. 80
1 and weekends. In no way shall the failure of the design professional to respond be
2 interpreted as approval.
3 * * *
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 80 Original 2023 Regular Session Gadberry
Abstract: Provides relative to the prior approval process available to potential suppliers for
particular products.
Present law (R.S. 38:2295(C)(1)) authorizes a potential supplier to submit a product for prior
approval, other than a product specified in the contract documents, no later than seven
working days prior to the opening of bids. Present law requires the prime design
professional provide written approval or denial of the product submitted within three days
after submission, exclusive of holidays and weekends. Specifies that the submitted product
will be deemed approved if the design professional fails to respond within the allotted time.
Proposed law modifies present law by removing the deemed approved provision. Also
changes the required response time after a product is submitted to the prime design
professional from three days to five days. Further authorizes the prime design professional
to extend the approval or denial period by 10 additional days, exclusive of holidays and
weekends. Clarifies that the failure to respond cannot be considered approval.
(Amends R.S. 38:2295(C)(1))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.