Louisiana Revised Statutes 48:252 – Advertisement for bids; public presentment and reading of bids; fee for bid proposals
Terms Used In Louisiana Revised Statutes 48:252
- Bidding documents: means the advertisement, plans and specifications, bidding form, bidding instructions, addenda, special provisions, and all other instruments prepared by or on behalf of the department for use by prospective bidders on a public contract. See Louisiana Revised Statutes 48:251.9
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means any contract awarded by the department for construction or maintenance of transportation facilities or work authorized by Louisiana Revised Statutes 48:251.9
- Contractor: means any individual, partnership, joint venture, firm, corporation, limited liability partnership, limited liability company, or any acceptable combination thereof contracting for performance of public work for the department. See Louisiana Revised Statutes 48:251.9
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Plan change: means an alteration, deviation, addition, or omission as to a preexisting department construction or maintenance contract. See Louisiana Revised Statutes 48:251.9
- Public work: means the erection, construction, alteration, maintenance, improvement, or repair of any highway, bridge, transportation facility, or immovable property owned, used, or leased by the department or any public entity for which the department is acting pursuant to an agreement. See Louisiana Revised Statutes 48:251.9
- Subpoena: A command to a witness to appear and give testimony.
A. Contracts for projects with an aggregate estimated cost less than the contract limit but in excess of fifty thousand dollars shall be let in accordance with the following provisions:
(1) When plans, specifications and quantities required for the construction or improvement of a facility under the control of and let by the department have been prepared and approved, the department shall send out invitations for bids at least ten calendar days prior to the date of public opening to at least three bona fide, qualified bidders and post notice of such bidding by electronic media available to the general public.
(2) Invitations for bids shall contain complete plans, specifications and the quantity required, and any other information, including the time and place of delivery of the bid, which is necessary for the bidder to make an acceptable bid. Addenda are prohibited except to withdraw the invitation for bids.
(3) Any qualified contractor who does not receive an invitation for bids shall, upon request to the contracting officer named in the notice posted as required in this Subsection, be sent bidding documents.
(4) All bids shall be publicly presented, publicly opened and publicly read or presented for viewing at the time and place specified in the invitation.
(5) Notwithstanding the provisions of this Subsection, the department, at its discretion, may advertise for bids as provided in Subsection B of this Section.
B. Contracts for projects with an aggregate estimated cost equal to or greater than the contract limit shall be let in accordance with the following provisions:
(1)(a) When the plans and specifications for the construction or improvement of a department facility have been prepared and approved, a request for bids shall be published in the official journal of the state or through an electronic bid system approved by the department and made available to the general public, or both provided that until July 1, 2010, the department shall publish a request for bids in the official journal of the state.
(b) The department shall require alternate bids on selected highway projects based on life cycle cost analysis and other pertinent engineering data where feasible, provided that alternate bids do not conflict with federal provisions relative to bid selection for a project. A quarterly report shall be made by the department to the Joint Committee on Transportation, Highways and Public Works detailing the bids put out by the department, whether the bid was an alternate bid, the award of the contract, and the basis therefor.
(2) The advertisement for bids shall be published at least once a week for three different weeks. The period between the date of the first advertisement and the receipt of bids shall be not less than twenty-one days. The advertisement shall specify the conditions which govern the submission of bids and shall state the exact place where plans and specifications may be inspected, the exact place where bids will be received, and the exact time when the bids will be opened and read or presented.
(3)(a) All bidders are responsible for timely delivery of bids as specified in the advertisement. No bids shall be accepted or taken, including receipt by hand delivery, on days which are recognized as holidays by the United States Postal Service.
(b) All bids shall be publicly presented, publicly opened, and publicly read or presented for viewing at the time and place specified in the advertisements.
(4) The department shall charge a nonrefundable fee of twenty-five dollars for each set of printed bid proposal documents provided to prospective bidders, subcontractors, or suppliers. The fee authorized by this Paragraph shall not apply to bid proposal documents provided electronically through the department website. One copy of printed bid proposal documents may be provided to plan rooms and non-bidding agencies and associations without charge.
(5) Plans and specifications shall be available to bidders on the day of the first advertisement and shall continue to be available during normal department work hours until twenty-four hours prior to the bid opening. Bid proposal documents will not be issued within the twenty-four-hour period prior to bid opening.
(6)(a) Bidding documents shall include no more than three additive alternates. If the bidding documents contain additive alternates, then the low bidder shall be the lowest responsive bidder on the base bid. Additive alternates shall be accepted only if acceptance does not change the status of the low bidder. However, the department may accept additive alternates in any order which does not affect determination of the low bidder.
(b) Reductive alternates reducing the scope of the work below that in the base bid shall not be allowed.
(c) Bidding documents may contain alternates which allow for different materials or methods of construction. The bidding documents shall specify whether the low bid will be determined based on the lowest bid cost, the lowest combination of bid cost plus construction time, or the lowest combination of bid cost plus construction time plus estimated life cycle cost. If construction time is utilized as a factor to determine the lowest responsive bidder, then its value and use in the determination of the lowest responsive bidder shall be specified in the bidding documents.
(7)(a) All contracts of the department shall contain provisions authorizing the issuance of plan changes within the scope of the contract. Any plan change outside the scope of the contract in excess of the contract limit as defined herein shall be let out for public bid as provided by this Part. Plan changes shall be limited to situations arising after the receipt of bids for the contract and shall not be used to reduce the scope of the contract due to budget limitations which existed prior to award of the contract.
(b) Plan changes pertaining to contracts not required by this Part to be put out for public bid shall be negotiated in the best interest of the department or let out for public bid as provided by this Part. Negotiated plan changes shall be fully documented and itemized as to costs, including material quantities, material costs, labor costs, taxes, insurance, employee benefits, other related costs, profit, and overhead. Where certain unit prices are contained in the initial contract, no deviations shall be allowed in computing negotiated plan change costs for work under those work items unless the actual quantities worked vary more than twenty-five percent from the estimated quantities in the contract as advertised. Plan changes within the scope of the contract shall not be recorded in the office of the recorder of mortgages in the parish where the work is performed.
C.(1) The department shall not issue or cause to be issued any addenda materially modifying plans and specifications within a period of seventy-two hours prior to the advertised time for the opening of bids, excluding Saturdays, Sundays, and any other legal holidays; however, if the necessity arises to issue an addendum materially modifying the plans or specifications within the seventy-two-hour period prior to the advertised time for opening bids, then the opening of bids shall be extended at least seven days, but not more than thirty-five days without the requirement of re-advertising. The department, through the issuance of an addendum prior to the scheduled time for bid opening, may extend the bid period for up to thirty-five days, without re-advertising.
(2) Addenda may be issued by any of the following means:
(a) Certified mail, return receipt requested, sent to the address given by the bidder upon obtaining the bidding documents, the transmission of which shall be conclusive evidence of receipt of such notice by the bidder to whom it is addressed.
(b) Facsimile transmission sent to the number given by the bidder upon obtaining the bidding documents, the transmission of which shall be conclusive evidence of receipt of such notice by the bidder to whom it is transmitted.
(c) Express mail sent to the address given by the bidder upon obtaining the bidding documents. Delivery of the addenda by express mail shall be conclusive evidence of receipt of the addenda by the bidder to whom it is addressed.
(d) Electronic transmission sent to the e-mail address given by the bidder upon obtaining the bidding documents. Transmission of the addenda by e-mail shall be conclusive evidence of receipt of the addenda by the bidder to whom it was sent.
(e) Electronic transmission of a notice that informs a bidder that an addendum is posted on the department’s website that is sent to the e-mail address given by the bidder upon obtaining the bidding documents or through online registration of bidders. Transmission of said e-mail notice to a bidder’s e-mail address shall be conclusive evidence of receipt of the addendum by the bidder to whom it was sent.
D. Under no circumstances shall there be a division or separation of any public work project into smaller projects which division or separation would have the effect of avoiding the requirement that public work be advertised and let by contract to the lowest responsible bidder as provided in this Subpart.
E. If the department proposes to disqualify any bidder, on grounds that such bidder is not a responsible bidder, the department shall:
(1) Give written notice of the proposed disqualification to such bidder and include in the written notice all reasons for the proposed disqualification.
(2) Give such bidder who is proposed to be disqualified the opportunity to be heard at an informal hearing at which such bidder is afforded the opportunity to refute the reasons for the disqualification.
F. The department shall reject the lowest bid if received from a bidder domiciled in a Communist country and may prohibit the use or incorporation on department projects of materials or supplies to be used in a project if such materials or supplies are manufactured in a Communist country, including but not limited to China, North Korea, and Vietnam, and may award the contract to the next lowest bidder, provided this Subsection shall not apply to any country having established trade relations agreements or approvals from the government of the United States.
G. If any public work specifies that reclaimed material, including asphalt to be removed from a state highway, shall be retained by the contractor, then the contractor’s quote or bid shall indicate the value of the reclaimed material used to calculate the contractor’s quote or bid.
H. For the purposes of this Part, an award shall be deemed to have been made when the department transmits to the successful bidder notification that the contract is being awarded to such bidder and that contract documents for execution are transmitted concurrently or will be transmitted within the delays provided for in this Part.
I. All contracts of the department shall contain provisions that require a contractor to agree to comply with a subpoena issued by the Louisiana Legislature or any of its committees.
Amended by Acts 1977, No. 291, §1; Acts 1988, No. 890, §2, eff. July 21, 1988; Acts 1995, No. 452, §1; Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 23, §1, eff. April 24, 1998; Acts 1998, 1st Ex. Sess., No. 24, §1, eff. April 24, 1998; Acts 1998, 1st Ex. Sess., No. 25, §1, eff. April 24, 1998; Acts 1998, 1st Ex. Sess., No. 126, §2, eff. May 5, 1998; Acts 1999, No. 724, §1, eff. July 1, 1999; Acts 2001, No. 563, §1; Acts 2001, No. 1072, §2; Acts 2003, No. 181, §1; Acts 2006, No. 10, §1, eff. May 4, 2006; Acts 2007, No. 386, §1, eff. July 1, 2007; Acts 2009, No. 41, §1, eff. June 15, 2009; Acts 2012, No. 195, §1; Acts 2016, No. 207, §1, eff. May 26, 2016; Acts 2021, No. 219, §2.