Louisiana Revised Statutes 41:1214 – Advertisement and bids
Terms Used In Louisiana Revised Statutes 41:1214
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. If the lessor determines that the lands in question may be leased, the lessor, except as may be provided to the contrary in Title 30, Title 31, Title 56, and other provisions of Title 41 of the Louisiana Revised Statutes of 1950, relative to fisheries, wildlife, and timber, shall publish an advertisement in the official journal of the parish where the land is located setting forth a description of the land to be leased, the time when bids therefor will be received, and a short summary of the terms, conditions, and purposes of the lease to be executed. If the lands are situated in two or more parishes, the advertisement shall appear in the official journals of all parishes in which the lands are located. The advertisement shall be published for a period of not less than fifteen days and at least once a week during three consecutive weeks. The lessor may also send notices to those whom it may think would be interested in submitting bids for the leases.
B. The lessor may on its own initiative advertise for bids for any lease as provided herein but without application therefor. The applications and bids provided for in this Part shall be secret, sealed applications and bids. Each bid shall be either hand-delivered by the bidder, or his agent, in which instance the deliverer shall receive a written receipt, or such bid shall be sent by registered or certified mail with a return receipt requested, or shall be submitted electronically as provided in Subsection E of this Section. No lessor shall accept or take any bids, including receiving any hand-delivered bids, on days which are recognized as holidays by the United States Postal Service.
C. The advertisements in accordance with this Section shall constitute judicial advertisements and legal notices within the contemplation of Chapter 5 of Title 43 of the Louisiana Revised Statutes.
D. Each person who submits a bid shall deposit with the bid an amount equal to ten percent of the bid but not less than seventy-five dollars. The deposit shall be in the form of a certified check or a money order.
E.(1) Lessors shall provide a uniform and secure electronic interactive system as an additional bidding option for the submittal of bids for lease requiring competitive bidding. Any lessor providing such system shall follow the standards for the receipt of electronic bids adopted by the office of the governor, the division of administration, and the office of technology services as provided for in LAC 4:XV.701. Any special condition or requirement for the submission shall be specified in the advertisement for bids required by this Section.
(2) Lessors that are currently without available high-speed internet access shall be exempt from the provisions of this Subsection until such time that high- speed internet access becomes available.
(3) Any parish with a police jury form of government and a population of less than twenty thousand people shall be exempt from the provisions of this Subsection.
(4) Any governmental subdivision with a population of less than ten thousand people shall be exempt from the provisions of this Subsection.
(5) Any other lessor which is unable to comply with the electronic bidding provisions of this Subsection without securing and expending additional funding shall be exempt from the requirements of this Subsection.
(6) Lessors shall have the option to require that all bids be submitted electronically for any competitive bid let out for public bid.
(7) Lessors shall include all information regarding the advertisement of bids described in Subsection A of this Section.
Acts 1972, No. 150, §1; Acts 1984, No. 807, §1; Acts 1990, No. 945, §1; Acts 2017, No. 308, §1.