reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2225.3. Public works; prohibited agreements; exceptions

RS 38:2225.3 - Public works; prohibited agreements; exceptions
A. The state shall not let any contract for a public work project with any person that is to be administered by or paid for, in whole or in part, with state funds, under which the person is to construct a building or other structure which, upon completion, is to be purchased or leased by the state or leased with an option to purchase upon termination of the lease by the state.
B. No political subdivision of the state shall let any contract for a public work project with any person that is to be administered by or paid for, in whole or in part, with the political subdivision's funds, under which the person is to construct a building or other structure which, upon completion, is to be purchased or leased by the political subdivision or leased with an option to purchase upon termination of the lease by the political subdivision.
C. The provisions of this Section shall not apply to any activities or contracts involving the following entities:
(1) Activities of the Correctional Facilities Corporation pursuant to Chapter 17-B of Title 39 of the Louisiana Revised Statutes of 1950.
(2) Activities of the Louisiana Office Building Corporation pursuant to Chapter 17-C of Title 39 of the Louisiana Revised Statutes of 1950.
(3) Activities of the Office Facilities Corporation pursuant to Chapter 17-D of Title 39 of the Louisiana Revised Statutes of 1950.
(4) Contacts executed under provisions of the Louisiana Corrections Private Management Act as provided in Chapter 17-E of Title 39 of the Louisiana Revised Statutes of 1950.
D. The division of administration shall promulgate rules and regulations to provide policies and procedures governing the design, construction, and letting of contracts for public works by agencies in the executive branch using a methodology in which public work is completed by the person and then leased or purchased by the state agency upon completion of the work or leased by the agency with an option to purchase upon termination of the lease.
Acts 2004, No. 361, §1, eff. June 21, 2004.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2225.4. Expansion of certain convention centers

RS 38:2225.4 - Expansion of certain convention centers
A political subdivision of the state in Orleans Parish which has been involved in litigation before the highest court of this state pertaining to the award of a contract for the construction of the expansion of a convention center to be funded with funds of the state and the political subdivision may negotiate with respect to the price, conditions, and terms of the contract to be entered into with the party that is awarded the contract pursuant to a writ of mandamus from a district court and affirmed by the appellate courts. Prior to the execution of the contract, it shall be submitted to the Joint Legislative Committee on the Budget for review and approval. If approved by the Joint Legislative Committee on the Budget, the execution of the contract shall resolve any and all claims and disputes between the parties arising out of the award of the public bid.
Acts 2005, No. 178, §1, eff. June 28, 2005; Acts 2011, 1st Ex. Sess., No. 5, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2226. Exclusion of certain contractors from water well contracts

RS 38:2226 - Exclusion of certain contractors from water well contracts
A. A contractor who is a resident of a state which has more stringent licensing requirements for the business of drilling, reworking, or otherwise constructing water wells at or in connection with the construction of a public park, roadside park, or other similar facility for public use than the licensing requirements of the state of Louisiana shall not be awarded a contract for the drilling, reworking, or otherwise constructing of a water well by the state or any of its departments, boards, commissions, or agencies or any political subdivision of the state.
B. Upon application to the attorney general by a public entity, the attorney general shall make the determination as to whether the licensing requirements of a state are more stringent than applicable laws of this state. The denial by the licensing authorities of another state of a license to a contractor who is a resident of and licensed in this state, when the denial is based upon the statutory qualifications of the applicant, shall constitute prima facie evidence that the licensing requirements of such state are more stringent than the Louisiana licensing requirements.
Added by Acts 1980, No. 715, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2236. Definitions

RS 38:2236 - Definitions
A. For the purposes of this Part, relative to telecommunications, the following words and phrases shall be defined as follows:
(1) "Telecommunications equipment, systems, related services" are limited to the equipment and means to provide:
(a) Electronic transmission facilities.
(b) Data transmission systems.
(c) Voice transmission systems.
(d) Telephone systems.
(e) Facsimile systems.
(f) Radio paging services.
(g) Mobile telephone services.
(h) Intercom and electro-mechanical paging systems.
(i) Any and all systems based on emerging and future telecommunication technologies relative to (a) through (h) above.
(2) "Procurement" or "procure" means the selling, buying, purchasing, renting, leasing, or otherwise obtaining telecommunications equipment, systems, or related services, as well as all activities engaged in, resulting in, or expected to result in the selling, buying, purchasing, renting, leasing, or otherwise obtaining telecommunications equipment, systems, or related services by a political subdivision.
(3) "Electronic transmission facility" means any transmission medium, switch, instrument, wiring system, or other facility which is used, in whole or in part, to provide any transmission including two-way radio, terminal equipment, modems, front end processors, acoustic couplers, and remote job entry equipment.
(4) "Wiring system" means any wiring which directly or indirectly interconnects any terminal equipment with any other terminal equipment or with any regulated facility or common carrier service.
B. For the purposes of this Part, relative to data processing, the following words and phrases shall be defined as follows:
(1) "Data" means recorded information, regardless of form or characteristic.
(2) "Procurement" means and includes the selling, buying, purchasing, renting, leasing, or otherwise obtaining of data processing equipment, related services, or software, as well as all activities engaged in, resulting in, or expected to result in the selling, buying, purchasing, renting, leasing, or otherwise obtaining of data processing equipment, related services, or software by political subdivisions.
(3) "Related services" means and is limited to service activities affecting the maintenance of data processing equipment or software.
(4) "Software" means computer programs and documentation essential to and necessary for a computer to perform productive operations.
Acts 1988, No. 523, §1; Acts 1992, No. 486, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2237.1. Procurement of telecommunications or video surveillance equipment or services by agencies and certain educational entities

RS 38:2237.1 - Procurement of telecommunications or video surveillance equipment or services by agencies and certain educational entities
A. Agencies and certain educational entities of the state, as defined in R.S. 39:1753.1(A), shall not procure prohibited telecommunications or video surveillance equipment or services as defined in R.S. 39:1753.1(A).
B. Prior to the procurement of telecommunications or video surveillance equipment or services, the vendor shall provide documentation by affidavit that the equipment or services to be procured are not prohibited telecommunications or video surveillance equipment or services as defined in R.S. 39:1753.1(A).
C. No procurement shall be made from a vendor or other entity who fails to provide the documentation required in Subsection B of this Section. Any procurement of prohibited telecommunications or video surveillance equipment or services as defined in R.S. 39:1753.1(A), or other procurement in violation of this Section, shall be void.
D. Any vendor or other entity who provides the documentation required in Subsection B of this Section found to supply telecommunications or video surveillance equipment or services as defined to the procuring agency, certain educational entity, or their service provider that were prohibited at the time of procurement shall, at its own expense, replace the prohibited telecommunications or video surveillance equipment or services with nonprohibited equipment or services of at least equal quality and performance. Compliance with this Section by a procuring agency and certain educational entities is subject to audit by the Louisiana Legislative Auditor.
Acts 2020, 2nd Ex. Sess., No. 52, §1, eff. Jan. 1, 2021; Acts 2021, No. 288, §1; Acts 2022, No. 695, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2238. Short title and application

RS 38:2238 - Short title and application
A. This Part shall be known as the "Political Subdivisions Used Fire and Emergency Response Vehicle Procurement Law".
B. The provisions of this Part shall be applicable to any political subdivision of the state, as defined in Article VI, Section 44 of the Constitution of Louisiana, for the procurement of used fire and emergency response vehicles, including associated equipment, with a per-unit purchase cost of less than one hundred thousand dollars and only as such vehicles and associated equipment are defined in this Part.
Acts 1999, No. 296, §1, eff. June 11, 1999.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2238.1. Definitions

RS 38:2238.1 - Definitions
For the purposes of this Part, the following words and phrases shall be defined as follows:
(1)(a) "Fire and emergency response vehicles" shall mean and shall be strictly limited to the following:
(i) Fire trucks, pumper units, hook and ladder trucks, and any other motorized vehicles or wheeled units used by a fire department in transporting firefighters or equipment to fires and emergency calls and supporting extinguishing operations such as water, pumps, ladders, special service apparatus, hoses, foam, air, lights, rescue equipment, and utility equipment.
(ii) Ambulances, crash or rescue trucks, or any other specialty vehicles used to support the activities of police, fire, and emergency medical personnel in responding to emergencies.
(iii) Associated equipment shall be any equipment included on the vehicle which is not a component part of the vehicle, but is used in firefighting operations, emergency medical activities, and rescue operations. Associated equipment shall include but not be limited to hoses, nozzles, helmets, axes, air packs, protective clothing, emergency medical supplies, medical devices, chain saws, or fibrillators.
(b) "Fire and emergency response vehicles" shall expressly not include sedans, pickup trucks, mobile crime labs, tow trucks, or buses used by law enforcement, medical personnel, emergency response, or fire fighting personnel, or any other vehicle not explicitly described in Subparagraph (a) of this Paragraph.
(2) "Procurement" or "procure" means the acquisition by purchasing, buying, or otherwise obtaining fire or emergency response vehicles, as well as all processes or procedures engaged in with the objective of purchasing, buying, or otherwise obtaining such vehicles by a political subdivision.
(3) "Used motor vehicle" shall mean a motor vehicle the legal title of which has been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser.
(4) "Vehicle" shall mean a motorized car, truck, or van which is required to be registered and which is used, or designed to be used, for the transporting of passengers or goods for public, private, commercial, or for-hire purposes. For the purposes of this Part, "vehicle" may also include a non-motorized wheeled unit.
Acts 1999, No. 296, §1, eff. June 11, 1999.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2238.3. Exclusion

RS 38:2238.3 - Exclusion
The provisions of this Part shall not apply to the procurement of used fire and emergency response vehicles acquired by any political subdivision in the state through the use of funds obtained, either by grant or by loan, through the Louisiana Community Development Block Grant Program authorized for administration by the state in 1982 under the provisions of Title I of the Housing and Community Development Act of 1974. Any use of such monies for these purposes is expressly prohibited by law, and the acquisition of such used vehicles under these provisions shall be null, void, and of no effect.
Acts 1999, No. 296, §1, eff. June 11, 1999.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2241.1. Acceptance of governing authority

RS 38:2241.1 - Acceptance of governing authority
A. When any public entity enters into a written contract for the construction, alteration, or repair of any public works, in accordance with the provisions of R.S. 38:2241, the official representative of the public entity shall have recorded in the office of the recorder of mortgages, in the parish where the work has been done, an acceptance of such work or of any specified area of such work, not later than thirty calendar days after the date of completion or substantial completion of such work.
B. "Substantial completion" is defined for the purpose of this Chapter, as the finishing of construction, in accordance with the contract documents as modified by any change orders agreed to by the parties, to the extent that the public entity can use or occupy the public works or use or occupy the specified area of the public works for the use for which it was intended. The recordation of an acceptance in accordance with the provisions of this Section upon substantial completion shall be effective as an acceptance for all purposes under this Chapter.
C. Any public entity that does not file for recordation an acceptance of public work shall require the contractor to have recorded in the office of the recorder of mortgages, in the parish where the work has been done, an acceptance of such work or of any specified area of such work, not later than forty-five calendar days after the date of completion or substantial completion of the work. This acceptance shall not be executed except upon the recommendation of the design professional hired by the public entity whose recommendation shall be made not later than thirty calendar days after the date of completion or substantial completion of such public work. A public entity shall not take, use, or occupy the public work or use or occupy the specified area of the public work for which it was intended until the substantial completion has been filed pursuant to this Section, unless an approved agreement of partial occupancy is executed between the public entity, the design professional of record, and the contractor.
D. The public entity's failure to comply with the provisions of this Section shall be subject to a writ of mandamus.
Acts 1991, No. 947, §1, eff. July 24, 1991; Acts 2014, No. 759, §1; Acts 2021, No. 205, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2242.1. Authorization to cancel the inscription of claims and privileges; cancellation; lis pendens

RS 38:2242.1 - Authorization to cancel the inscription of claims and privileges; cancellation; lis pendens
A. If a statement of claim or privilege is improperly filed or if the claim or privilege preserved by the filing of a statement of claim or privilege is extinguished, the public entity, contractor, or subcontractor, or other interested person may require the person who has filed a statement of claim or privilege to give a written authorization directing the recorder of mortgages to cancel the statement of claim or privilege from his records. The authorization shall be given within ten days after a written request for authorization has been received by the person filing the statement of claim or privilege from a person entitled to demand it.
B. One who, without reasonable cause, fails to deliver written authorization to cancel a statement of claim or privilege as required by Subsection A of this Section shall be liable for damages suffered by the public entity, contractor, subcontractor, or other interested person requesting the authorization as a consequence of the failure and for reasonable attorney's fees incurred in causing the statement to be cancelled.
C. A person who has properly requested written authorization for cancellation shall have an action against the person required to deliver the authorization to obtain a judgment declaring the claim or privilege extinguished and directing the recorder of mortgages to cancel the statement of claim or privilege if the person required to give the authorization fails or refuses to do so within the time required by Subsection A of this Section. The plaintiff may also seek recovery of damages and attorney's fees to which he may be entitled under this Section.
D. The action authorized by this Section may be by summary proceeding and may be brought in the parish where the statement of claim or privilege is recorded.
E. The recorder of mortgages shall cancel a statement of claim or privilege from his records by making an appropriate notation in the margin of the recorded statement upon the filing with him, by any person, of:
(1) A written request for cancellation, to which is attached a written authorization for cancellation given by the person who filed it; or
(2) A certified copy of an executory judgment declaring the claim or privilege extinguished and directing the cancellation.
F. The effect of filing for recordation of a statement of claim or privilege and the privilege preserved by it shall cease as to third persons unless a notice of lis pendens identifying the suit is filed within one year after the date of filing the claim or privilege. In addition to the requirements of Article 3752 of the Code of Civil Procedure, the notice of lis pendens shall contain a reference to the notice of contract, if one is filed, or a reference to the recorded statement of claim or privilege if a notice of contract is not filed.
Acts 1986, No. 195, §1, eff. June 28, 1986; Acts 1991, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2242.2. Filing of bond or other security; cancellation of statement of claim or privilege

RS 38:2242.2 - Filing of bond or other security; cancellation of statement of claim or privilege
A. If a statement of claim or privilege is filed, any interested party may deposit with the recorder of mortgages either a bond of a lawful surety company authorized to do business in the state or cash, certified funds, or a federally insured certificate of deposit to guarantee payment of the obligation secured by the privilege or that portion as may be lawfully due together with interest, costs, and attorney's fees to which the claimant may be entitled up to a total amount of one hundred twenty-five percent of the principal amount of the claim as asserted in the statement of claim or privilege. A surety shall not have the benefit of division or discussion.
B. If the recorder of mortgages finds the amount of the cash, certified funds, or certificate of deposit or the terms and amount of a bond deposited with him to be in conformity with this Section, he shall note his approval on the bond and make note of either the bond or of the cash, certified funds, or certificate of deposit in the margin of the statement of claim or privilege as it is recorded in the mortgage records and cancel the statement of claim or privilege from his records by making an appropriate notation in the margin of the recorded statement. The bond shall not be recorded but shall be retained by the recorder of mortgages as a part of his records.
C. Any party who files a bond or other security to guarantee payment of an obligation secured by a privilege in accordance with the provisions of Subsection A of this Section shall give notice to the public entity, the claimant, and the contractor by certified mail.
Acts 1989, No. 418, §1; Acts 1991, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2243. Petitions by authorities against claimants, contractors, and surety; preferential payment of claimants

RS 38:2243 - Petitions by authorities against claimants, contractors, and surety; preferential payment of claimants
A. If at the expiration of the forty-five days any filed and recorded claims are unpaid, the public entity shall file a petition in the proper court of the parish where the work was done, citing all claimants and the contractor, subcontractor, and surety on the bond and asserting whatever claims it has against any of them, and shall require the claimants to assert their claims. If the governing authority fails to file the proceeding any claimant may do so.
B. All the claims shall be tried in concursus and the claims of the claimants shall be paid in preference to the claims of the public entity.
Acts 1991, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2244. Liability on bond; summary trial of objections to solvency and sufficiency of bond

RS 38:2244 - Liability on bond; summary trial of objections to solvency and sufficiency of bond
A. If no objections are made by any claimant to the solvency or sufficiency of the bond required of the contractor by this Part, the public entity shall, ten days after the service of judicial notice of the concursus proceeding on each claimant having recorded claims, obtain a certificate to that effect from the clerk of court. The certificate shall relieve the public entity of any personal liability and the recorder of mortgages shall cancel all of the recorded claims.
B. If any objections are made by the claimants they shall be tried summarily. Whenever it is found that the surety is not solvent or sufficient to cover the amount of the bond or that the public entity has failed to exact the bond or record the bond within the time allowed, the public entity shall be in default and shall be liable to the same extent as the surety would have been. The surety on the bond shall be limited to the defenses which the principal has on the bond.
Acts 1991, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2246. Attorney's fees

RS 38:2246 - Attorney's fees
A. After amicable demand for payment has been made on the principal and surety and thirty days have elapsed without payment being made, any claimant recovering the full amount of his timely and properly recorded or sworn claim, whether by concursus proceeding or separate suit, shall be allowed ten percent attorney's fees which shall be taxed in the judgment on the amount recovered.
B. If the trial court finds that such an action was brought by any claimant without just cause or in bad faith, the trial judge shall award the principal or surety a reasonable amount as attorney's fees for defending such action.
Acts 1991, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2247. Construction of Part

RS 38:2247 - Construction of Part
Nothing in this Part shall be construed to deprive any claimant, as defined in this Part and who has complied with the notice and recordation requirements of R.S. 38:2242(B), of his right of action on the bond furnished pursuant to this Part, provided that said action must be brought against the surety or the contractor or both within one year from the registry of acceptance of the work or of notice of default of the contractor; except that before any claimant having a direct contractual relationship with a subcontractor but no contractual relationship with the contractor shall have a right of action against the contractor or the surety on the bond furnished by the contractor, he shall in addition to the notice and recordation required in R.S. 38:2242(B) give written notice to said contractor within forty-five days from the recordation of the notice of acceptance by the owner of the work or notice by the owner of default, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor or service was done or performed. Such notice shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place he maintains an office in the state of Louisiana.
Amended by Acts 1960, No. 117, §1; Acts 1962, No. 16, §1; Acts 1985, No. 244, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2248. Provisions for withholding payment; effect on liability of contractor or agency; punch list; liquidated damages

RS 38:2248 - Provisions for withholding payment; effect on liability of contractor or agency; punch list; liquidated damages
A. No contracts for the construction, alteration, or repair of any public works executed in conformity with this Part shall provide that the state or any of its agencies, boards, or subdivisions or any other public entity letting such a contract may withhold payment of more than ten percent of the contract price on projects of less than five hundred thousand dollars, and five percent of the contract price on projects of five hundred thousand dollars or more until the expiration of forty-five days after the recordation of formal acceptance of such work, or notice of default by the contractor or subcontractor. Such provision for withholding of payment shall in no way change or affect the liability of the letting agency or of the contractor, subcontractor, or their sureties.
B.(1) All public works contracts shall contain a clause stating that any punch list generated during a construction project shall include the cost estimates for the particular items of work the design professional has developed based on the mobilization, labor, material, and equipment costs of correcting each punch list item. The design professional shall retain his working papers used to determine the punch list items cost estimates should the matter be disputed later. The contracting agency shall not withhold from payment more than the value of the punch list. Punch list items completed shall be paid upon the expiration of the forty-five day lien period.
(2) If the public entity occupies or uses the public works, the following shall apply:
(a) The punch list shall be furnished to the contractor within ten days of substantial completion, as defined in R.S. 38:2241.1.
(b) Within fourteen days of providing the punch list to the contractor, the punch list may be amended by the design professional or the public entity.
(3) The provisions of this Section shall not be subject to waiver, nor shall these provisions apply to the Department of Transportation and Development.
C. Notwithstanding any provision of law to the contrary, a public entity letting a public works construction contract for a flood protection project or for an integrated coastal protection project as defined in R.S. 49:214.2, as per the terms of the contract, may withhold liquidated damages from any payments or monies otherwise due to the contractor, taking into consideration all granted time extensions, after the expiration of the forty-five day period set forth in R.S. 38:2242(B).
Added by Acts 1954, No. 583, §1. Amended by Acts 1978, No. 470, §1; Acts 1979, No. 751, §1; Acts 1986, No. 194, §1, eff. June 28, 1986; Acts 2001, No. 1216, §1, eff. July 2, 2001; Acts 2020, No. 92, §1; Acts 2022, No. 756, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2249. Security in lieu of the amount withheld

RS 38:2249 - Security in lieu of the amount withheld
A. Under any contract awarded under the provisions of this Chapter, the contractor may, with written consent of his surety company, from time to time, withdraw the entire amount retained from payments due the contractor pursuant to the terms of the contract, or any portion thereof, by depositing with the state treasurer for state contracts, or the treasurer or secretary of a public entity for other than state contracts, the following security, or a combination thereof, in an amount equal to the amount of funds being withdrawn:
(1) Certificates of deposit issued by commercial banks located in the state of Louisiana. The certificates shall not exceed the maximum dollar amount secured by the Federal Deposit Insurance Corporation. The certificates shall be negotiable, with payment of accrued interest, or shall be accompanied by an irrevocable power of attorney executed by the owner of the certificate in favor of the treasurer of the state or other public entity.
(2) Certificates of deposit issued by savings and loan associations located in the state of Louisiana. The certificates shall not exceed the maximum dollar amount secured by the Federal Deposit Insurance Corporation. The certificates shall be negotiable, with payment of accrued interest, or shall be accompanied by an irrevocable power of attorney executed by the owner of the certificate in favor of the treasurer of the state or other public entity.
B. The treasurer of the state or other public entity shall, after the date of substantial completion of the work, as defined in R.S. 38:2241.1, collect all interest or income on the security deposited and shall, by and with written consent of the contractor's surety, pay such interest or income to the contractor. Prior to the date of substantial completion, all interest or income on the security deposited shall accrue to the state or other public entity.
C. In the event that the contractor shall default in performance of the contract or any portion thereof, the securities deposited by him in lieu of the amount withheld, and all interest or income accruing on said securities may be negotiated or sold by the state or other public entity and the proceeds of said negotiation or sale used as if the proceeds represented the payments withheld under the terms of the contract.
D. The provisions of this Section shall have no effect on the prohibition against the Louisiana Department of Transportation and Development's withholding of payments.
E. The provisions of this Section shall not apply to the office of facility planning and control of the division of administration.
Acts 1991, No. 577, §1, eff. July 16, 1991.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2251.1. Preference for milk and dairy products produced or processed in this state

RS 38:2251.1 - Preference for milk and dairy products produced or processed in this state
Every person acting as a purchasing agent for any agency, board, commission, department, or other instrumentality of the state or of a parish, municipality, or other unit of local government, including a levee board, drainage district, school board, or special district, shall purchase milk and dairy products produced or processed in this state which are equal in quality to milk and dairy products produced or processed outside the state, provided the cost of the milk or dairy products produced or processed in this state does not exceed by more than ten percent the cost of milk or dairy products of equal quality which are produced or processed outside the state.
Acts 1985, No. 174, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2251.2. Preference for steel rolled in Louisiana

RS 38:2251.2 - Preference for steel rolled in Louisiana
A. When purchasing steel, every person acting as purchasing agent for any agency, board, commission, department, or other instrumentality of the state or of a parish, municipality, or other unit of local government, including a levee board, drainage district, school board, or special district, shall purchase steel rolled in this state which is equal in quality to steel rolled outside the state, provided the cost of steel rolled in this state does not exceed by more than ten percent the cost of steel which is rolled outside the state.
B. The provisions of this Section shall not apply when sufficient quantities of steel rolled in Louisiana are not available.
Acts 1985, No. 763, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2252. Requests for bids and proposals to contain reference to preference

RS 38:2252 - Requests for bids and proposals to contain reference to preference
All requests for bids and proposals for any purchase shall contain the words: "Preference is hereby given to materials, supplies and provisions, produced, manufactured or grown in Louisiana, quality being equal to articles offered by competitors outside of the state".
Added by Acts 1958, No. 318, §2.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2253. Preference to firms doing business in state

RS 38:2253 - Preference to firms doing business in state
In making any purchase it shall be the duty of the officer, purchasing agent, board, district or commission, all things being equal, to give preference to firms doing business in the State of Louisiana. However, this preference shall be inferior to and superseded in instances of conflict with that preference granted by R.S. 38:2251.
Added by Acts 1958, No. 318, §3. Amended by Acts 1974, No. 539, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2254. Delivery tickets and itemized invoices

RS 38:2254 - Delivery tickets and itemized invoices
All persons or companies selling to the state or any of its agencies, boards, districts or commissions shall comply with the following provisions:
(1) A delivery ticket must accompany the things sold when delivered and
(2) A complete itemized invoice must be sent to the proper place immediately.
Added by Acts 1958, No. 318, §4.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2255. Printing contracts; bids

RS 38:2255 - Printing contracts; bids
To better facilitate the collection of sales taxes and other taxes in the purchase of printing, lithographing, embossing, engraving, binding, record books, printed supplies, stationery and office supplies and equipment, every board, district, commission, department, institution, or the purchasing agent thereof, and all officers and officials of the state and all parishes, municipalities and political subdivisions thereof, shall purchase the same from Louisiana firms and all printing, lithographing, embossing, engraving, and binding in connection therewith shall be done in the State of Louisiana by Louisiana firms and by Louisiana labor, and all bonds, if required, given by contractors for such printing, lithographing, embossing, binding, record books, printed supplies, stationery and office supplies and equipment shall so state; provided, however, that where the purchase is of certain specialized forms and printing, such as continuous forms, margin punched forms, football tickets, 24 sheet poster, music printing, steel dye and lithographed bonds, decalcomanias, revenue stamps, lithographing and bronzing on acetate, college annuals, fine edition binding, and books, this statute shall not apply.
Except as to specialized forms hereinabove provided, such contracts shall be let to the lowest responsible bidder who is a Louisiana firm, who will comply with the terms of this statute, unless the bid submitted by any firm outside the State of Louisiana is at least three per cent lower than the lowest bid submitted by a Louisiana firm. If, for any reason, the purchaser shall be of the opinion that the public interest will be promoted thereby, it may, at any proposed letting of any of said contracts, reject any and all bids and invite new proposals.
Added by Acts 1958, No. 318, §5. Amended by Acts 1960, No. 502, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2256. Supplies not ordinarily obtainable from Louisiana firms

RS 38:2256 - Supplies not ordinarily obtainable from Louisiana firms
In the purchase of said supplies not ordinarily obtainable from Louisiana firms, it shall be permissible to purchase from non-resident firms which are authorized to do business in the state of Louisiana, which maintain an office in the state where payment for supplies may be made, and are otherwise qualified to do business in the state; provided, however, that in the awarding of such contracts Louisiana firms shall first be given an opportunity to furnish said supplies and shall be given preference.
Acts 1958, No. 318, §6.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2257. "Louisiana firm" defined

RS 38:2257 - "Louisiana firm" defined
The term "Louisiana firm" shall be construed to mean any person or persons, partnership, company, association or corporation authorized to do and doing business under the laws of the State of Louisiana, paying all taxes duly assessed, having a bona fide residence in this state, owning or leasing a printing plant equipped with machinery and equipment capable of producing the work, office supply or stationery store maintaining an inventory therein with storage facilities and actually engaged in the printing, or office supply or stationery business in Louisiana.
Added by Acts 1958, No. 318, §7. Amended by Acts 1960, No. 502, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2258. Statement of non-resident firms as to payment of taxes

RS 38:2258 - Statement of non-resident firms as to payment of taxes
Before any bill for said supplies shall be paid to any non-resident firm, a statement in writing shall be submitted by the seller to the effect that the said firm furnishing said supplies has paid all taxes duly assessed by the state of Louisiana and its political subdivisions, including franchise taxes, privilege taxes, sales taxes, and all other taxes for which it is liable, to the state and its political subdivisions.
Added by Acts 1958, No. 318, §8.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2259. Contracts in violation of Act null and void

RS 38:2259 - Contracts in violation of Act null and void
Any contract awarded or executed, or purchase made in violation of this Part shall be null and void and shall not be enforced in the courts of this state.
Added by Acts 1958, No. 318, §9. Amended by Acts 1960, No. 502, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2260. Penalties

RS 38:2260 - Penalties
A. Except as provided for in Subsection B of this Section, violation of any of the provisions of this Part shall be deemed a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than one hundred dollars or more than five hundred dollars.
B. Whoever, directly or indirectly, by agent or otherwise, intentionally and falsely claims any preference to which he is not entitled under the provisions of this Part shall be subject to penalties of double the dollar amount of the percentage granted through the preference or five hundred dollars, whichever is greater.
Added by Acts 1958, No. 318, §10. Amended by Acts 1960, No. 502, §1; Acts 1999, No. 742, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2261. Preference for goods manufactured, or services performed, by individuals with disabilities through supported employment providers; non-applicability of competitive bidding requirements; coordinating council

RS 38:2261 - Preference for goods manufactured, or services performed, by individuals with disabilities through supported employment providers; non-applicability of competitive bidding requirements; coordinating council
A. Every agency as defined in R.S. 39:1556 shall give a preference in its purchasing practices to goods manufactured and services performed by individuals with disabilities through supported employment providers.
B. The requirements for competitive bidding contained in Part II of this Chapter shall be inapplicable to cases in which an agency as defined in R.S. 39:1556 uses goods manufactured, or services performed, by individuals with disabilities through supported employment providers, provided the goods manufactured or services performed are equal in quality and reasonable in the rate charged based upon those goods and services available from other providers.
C. The State Use Council for the Purchase of Goods and Services Provided by Individuals with Disabilities established pursuant to R.S. 39:1604.4(B) shall coordinate and facilitate the carrying out of the provisions of this Section. The membership of this council shall be determined by the secretary of the Louisiana Department of Health.
D. For the purposes of this Section, the following terms are defined as follows:
(1) "Goods manufactured and services performed by individuals with disabilities" shall have the meaning as defined in R.S. 39:1604.4(D).
(2) "Individuals with disabilities" shall have the meaning as defined in R.S. 39:1604.4(D).
(3) "Supported employment provider" shall have the meaning as defined in R.S. 39:1604.4(D).
Added by Acts 1983, No. 363, §1; Acts 2010, No. 939, §5, eff. July 1, 2010 (Subsection C), and Jan. 1, 2011 (Subsection D); Acts 2014, No. 811, §20, eff. June 23, 2014; Acts 2019, No. 312, §2, eff. July 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2290. Closed specification prohibited; exception

RS 38:2290 - Closed specification prohibited; exception
A. No architect or engineer, either directly or indirectly, shall submit a closed specification of a product to be used in the construction of a public building or project, unless all products other than the one specified would detract from the utility of the building, or except in those cases where a particular material is required to preserve the historical integrity of the building or the uniform appearance of an existing structure, or is required as part of an integrated coastal protection project, as defined in R.S. 49:214.2, for the evaluation of new and improved integrated coastal protection technologies.
B. A closed specification shall not be submitted or authorized when any person or group of persons possess the right to exclusive distribution of the specified product, unless the product is required to expand or extend an existing system presently operating at the facility or site, or if a specified product is required as part of an integrated coastal protection project, as defined in R.S. 49:214.2, for the evaluation of new and improved integrated coastal protection technologies. However, no such closed specifications shall be allowed until rules have been promulgated by the division of administration after oversight by the Senate and House Committees on Transportation, Highways and Public Works and other appropriate legislative committees.
Added by Acts 1965, No. 40, §1. Amended by Acts 1982, No. 596, §1, eff. July 22, 1982; Acts 1997, No. 678, §1; Acts 2016, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2291. Written notice to approving authority of inclusion of closed specification

RS 38:2291 - Written notice to approving authority of inclusion of closed specification
Whenever an architect or engineer, either directly or indirectly, has included a closed specification in the specifications for a public building or project, he shall submit a written report to the building authority, ten days prior to the final submission of specifications, which report shall include the following:
(1) Identification of each closed specification;
(2) A concise statement of the reasons for including a closed specification;
(3) Identification of other products which are apparently equal and a concise statement as to why they may be excluded under the provisions of R.S. 38:2290.
Added by Acts 1965, No. 40, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2292. Acceptance or rejection of closed specification

RS 38:2292 - Acceptance or rejection of closed specification
The approving authority may accept a closed specification only after it determines that all products brought to its attention are excludable under the provisions of R.S. 38:2290, however, the approving authority must reject the closed specification, should another product of equal utility and appearance be submitted to them prior to letting of the bid, in which event the specifications must be amended so as to allow substitution of an equal.
Added by Acts 1965, No. 40, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2293. Effect of violation; proceedings to annul contracts violating provisions of this Part

RS 38:2293 - Effect of violation; proceedings to annul contracts violating provisions of this Part
A. Any contract entered into in violation of any provision of this Part shall be null and void.
B. The district attorney in whose district a violation of this Part occurs, the attorney general, or any interested party has a right of action to bring suit for appropriate injunctive relief in the district court to nullify a contract entered into in violation of this Part.
C. If a judgment of nullity is rendered in an action brought by a district attorney or by the attorney general pursuant to Subsection B hereof, the district court may award a civil penalty not in excess of ten thousand dollars against each offending party.
Added by Acts 1965, No. 40, §1. Amended by Acts 1980, No. 803, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2294. Separate bids

RS 38:2294 - Separate bids
A. Each closed specification authorized by the approving authority shall be offered for bid as a separate item.
B. No contractor or sub-contractor shall accept a bid on a closed specification unless the item is priced separately in the bid.
Added by Acts 1965, No. 40, §1.