reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-169 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				  of this Rule certain terms shall have the following meanings. All required
				  licenses for each component shall be obtained prior to the award of the project
				  to the selected entity.
Architect
-the entity contractually
					 responsible for delivering the project design and duly licensed and registered
					 by the Louisiana State Board of Architectural Examiners as provided for in
					 R.S.
					 37:141 et seq., and its rules and
					 regulations.
Contractor
-the entity contractually
					 responsible for delivering the project construction and duly licensed and
					 registered as a general contractor by the State Licensing Board for Contractors
					 as provided for in
					 R.S.
					 37:2150 et seq., and its current rules and
					 regulations.
Design-Build
-a construction process in
					 which the design and construction phases are combined and the design-builder is
					 selected by a qualifications-based process with an established schedule and
					 price.
Design-Builder
-the entity contractually
					 responsible for delivering the project design and construction who shall be
					 licensed as either a contractor, an architect or an engineer as defined herein.
					 For projects that are primarily architectural, the entity shall be a contractor
					 or an architect. For projects that are primarily engineering, the entity shall
					 be a contractor or an engineer.
Engineer
-the entity contractually
					 responsible for delivering the project design and duly licensed and registered
					 by the Louisiana Professional Engineering and Land Surveying Board as provided
					 for in
					 R.S.
					 37:681 et seq., and its rules and
					 regulations.
Public Agency
-a state or local
					 governmental unit. For the purposes of this rule these are limited to those
					 defined in
					 §167 of this
					 Chapter.
B. All required licenses for
				  each component shall be obtained prior to the award of the project to the
				  selected entity.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-171 - Rights and Powers of Each Design-Builder

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each design-builder shall have the
				  following rights and powers.
1. The
				  design-builder may sublet responsibility for professional design services to an
				  individual, firm, or corporation duly licensed and registered in the state of
				  Louisiana to provide professional design services.
2. The design-builder may sublet
				  responsibility for construction or other services requiring a contractor's or
				  trade subcontractor's license to persons or entities duly registered, licensed,
				  or otherwise qualified to provide those services as required by law.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-173 - Process for Selection of Design-Builder

Current through Register Vol. 50, No. 6, June 20, 2024
A. A two stage process shall be used to
				  select the design-builder. The two stages are:
1. request for qualifications
				  stage;
2. technical proposals
				  stage.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-175 - Request for Qualifications-Letter of Interest

Current through Register Vol. 50, No. 6, June 20, 2024
A. A public announcement shall be made to
				  solicit letters of interest for a design-build project. The announcement shall
				  be distributed through advertisement in publications that will insure adequate
				  competition and opportunities for qualified entities. These shall include at a
				  minimum the Daily Journal of Commerce, the Baton Rouge Advocate, the New
				  Orleans Times-Picayune, the Shreveport Times, the Monroe News Star, the Lake
				  Charles American Press. The announcement shall also appear on the internet home
				  page of the public agency, if any, and by other means to ensure adequate
				  response.
B. All such public
				  announcements shall be advertised a minimum of 30 days prior to the deadline
				  for receipt of responses and shall contain a brief description of the project,
				  the required scope of services and sufficient information for a design-builder
				  to determine its interest and to enable it to submit a letter of interest. The
				  notice of intent may be re-advertised using additional media or publications in
				  an attempt to solicit additional responses if the initial number of responses
				  received is inadequate.
C. A brief
				  description of the project shall be included in the letter. The description
				  shall include but not limited to the following: The proposed function(s);
				  approximate size or capacity in terms of square feet, number of occupants,
				  beds, cars, books, etc.; level of quality; key factors in the public agency's
				  program; a brief description of any existing buildings or structures; special
				  systems; any specialized skill(s) required; preliminary budget based on the
				  agencies best information and any other information that will allow potential
				  design-builders to determine whether or not they are interested in the
				  project.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-177 - Request for Qualifications-Qualifications Package

Current through Register Vol. 50, No. 6, June 20, 2024
A. The public agency shall provide a request
				  for a qualifications package to design-builders who submit a letter of
				  interest. The qualifications package shall include the technical proposal as
				  defined in
				  §185 including
				  the intention of awarding a stipend. All required information shall be
				  identified in the request for qualifications package and in the standard
				  response forms. The response to a request for qualifications package shall
				  include statements of qualification by credentials and experience of design
				  component members for the areas of expertise specific to the project and
				  statements of qualification by experience and resources of the construction
				  team component. The completed response form and any other required information
				  shall be transmitted by the responding design-builder by the deadline to submit
				  such forms and information as provided in the request for qualifications
				  package. Any response failing to meet all of the requirements contained in the
				  request for qualifications package shall not be considered by the public
				  agency. False or misrepresented information furnished in response to a request
				  for qualifications package shall be grounds for rejection.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-179 - Request for Qualifications-Evaluation Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. A qualifications evaluation committee
				  shall evaluate the responses to the request for qualifications package received
				  by the public agency. The qualifications evaluation committee shall consist of
				  a minimum of three members designated by the Director of Facility Planning and
				  Control for projects administered by that agency or the equivalent agency head
				  for other agencies.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-181 - Request for Qualifications-Evaluation Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following general criteria used by the
				  qualifications evaluation committee in evaluating responses to the request for
				  qualifications package for design-build services shall apply to both the design
				  and construction components of any responding entity.
1. Professional training and experience of
				  both the design and construction entity components and of key personnel in
				  general and as related to the project under consideration.
2. Past and current professional
				  accomplishments, for which opinions of clients or former clients and
				  information gathered by inspection of current or recent projects may be
				  considered.
3. Capacity for timely
				  completion of the work, taking into consideration the person's or firm's
				  current and projected workload and professional and support manpower.
4. The nature, quantity, and value of agency
				  work awarded to both the design and construction components the applicant
				  entity, it being generally desirable to allocate such work among persons who
				  are desirous and qualified to perform such work.
5. Past performance on public projects,
				  including any problems with time delays, cost overruns, and design inadequacies
				  for which the designer was held to be at fault.
6. Whether problems as indicated in Subclause
				  (e) herein resulted in litigation between the public agency and the person
				  performing professional services, particularly if the designer is currently
				  involved in unsettled litigation with a public agency or has been involved in
				  litigation with a public agency where the public agency prevailed.
7. Any project-specific criteria as may apply
				  to project needs.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-183 - Request for Qualifications-Short List Selection

Current through Register Vol. 50, No. 6, June 20, 2024
A. The qualifications evaluation committee
				  shall select a short list of not fewer than three of the highest rated
				  entities; however, if fewer than three responses are received, the head of the
				  public agency may approve proceeding with the evaluation process. The
				  qualifications evaluation committee may, at its discretion, be assisted by
				  other agency personnel in its evaluation of an entity's qualifications. The
				  qualifications evaluation committee shall present its short list to the
				  Director of Facility Planning and Control for projects administered by that
				  agency or the equivalent agency head for other agencies.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-185 - Technical Proposal-Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The entities included on the short list
				  shall be notified of their selection and invited to submit a detailed technical
				  proposal for the design-build project. The specific requirements of the
				  technical proposal shall be identified by the agency to the entities included
				  in the short list by means of a "scope of services package" which shall be
				  provided to all entities invited to submit a technical proposal. The scope of
				  services package may include enhancements, clarifications and modifications to
				  the scope of services included with the request for qualifications only if they
				  fall within the scope of the project.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-187 - Technical Proposal-Scope of Services Package

Current through Register Vol. 50, No. 6, June 20, 2024
A. Generally the scope of services package
				  shall define the scope of work or architectural program. The scope of services
				  package shall also define the response including the format and the required
				  information including, but not limited to, the following:
1. statement of purpose;
2. definition of terms;
3. time factors;
4. point of contact;
5. requirements for submission;
6. design-builder responsibilities;
7. public agency responsibilities;
8. detailed evaluation criteria including
				  scoring and weighting factors;
9.
				  form of contract;
10. insurance,
				  indemnification and limits of liability;
11. surety requirements;
12. payment terms;
13. termination;
14. audit requirements;
15. level of quality;
16. requirements of the scope which are
				  critical to the public agency.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-189 - Technical Proposal-Submittal

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Generally, the technical proposal shall include, but not be limited to, the
				  following:
1. discussion of the entity's
				  understanding of the scope of services;
2. discussion of the entity's understanding
				  of the scope of work or architectural program;
3. discussion of design strategy to implement
				  the scope of work or architectural program;
4. proposed design approach;
5. materials and methods of
				  construction;
6. construction
				  techniques and sequencing;
7.
				  schedule for commencement and completion of all phases of work;
8. lump sum cost for all services in
				  fulfillment of the requirements and within the constraints of the "scope of
				  services package."
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-191 - Technical Proposal-Compensation for Proposals

Current through Register Vol. 50, No. 6, June 20, 2024
A. For more complex projects and projects
				  with scopes which permit flexibility and innovation in the design approach, the
				  agency shall compensate unsuccessful and responsive short-listed entities for
				  the expense of preparing the technical proposal. The determination of whether
				  or not compensation will be paid for the technical proposal and the amount
				  shall be predetermined by the agency and shall be included in the scope of
				  services package. The agency may use concepts submitted by any paid
				  short-listed entity to construct the project. Compensation shall be appropriate
				  for the scope and complexity of the project and for the opportunities for
				  innovation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-193 - Technical Proposal-Evaluation Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Director of Facility Planning and
				  Control for projects administered by that agency or the equivalent agency head
				  for other agencies shall establish a technical review committee for evaluation
				  of design-build proposals. The technical review committee shall consist of at
				  least three but no more than five building construction professionals with
				  expertise in diverse fields of the construction industry including at least one
				  design professional and one contractor. At least one of the members shall be
				  from the private sector and at least one shall be from the public
				  sector.
B. The technical review
				  committee may select additional agency engineering and technical experts, and
				  nationally recognized design-build experts to serve as committee members to
				  score each technical element of the project.
C. The technical review committee shall
				  identify specific technical elements of the project, based on the specific
				  requirements of the technical proposal and depending on the characteristics of
				  the project, to be included in the technical score.
D. Members of the technical review committee
				  shall not have served as members of the qualifications evaluation
				  committee.
E. Each member of the
				  technical review committee shall make his scoring of assigned elements
				  available for public review. Such scores shall be considered public record. The
				  public agency shall make all scores available to the public
				  simultaneously.
F. The price shall
				  not be opened until the appeal period defined in
				  §195 is
				  passed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-195 - Technical Proposal-Adjusted Score

Current through Register Vol. 50, No. 6, June 20, 2024
A. An adjusted score approach shall be used
				  by the public agency in determining the winning proposal. An adjusted score
				  shall be determined using the following components:
1. the technical score determined by the
				  technical review committee. Weighing factors may be assigned to each element
				  depending on its relative magnitude or significance to the overall project.
				  Each technical review committee member shall rate his assigned element of the
				  proposal from each of the design-builders on the short list and shall submit
				  such scores to the chairman of the technical review committee. The schedule and
				  price bid shall not be made known to the technical review committee during the
				  scoring process. The chairman of the technical review committee shall adjust
				  the scores for any applicable weighing factors and shall determine the total
				  technical score for each proposal. Prior to determining the adjusted score, the
				  chairman of the technical review committee shall notify each design-builder, in
				  writing, of each design-builder's final total technical score;
2. the time value, consisting of the product
				  of the proposed contract time expressed in calendar days multiplied by the
				  value-per-calendar-day expressed in dollars established by the public agency
				  and included in the scope of services package;
3. the price proposal.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-197 - Technical Proposal-Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Design-builders who have submitted bona fide proposals may, within seven days
				  of the announcement of the technical scores, challenge the scores based on any
				  of the foregoing reasons, and only those reasons, by submitting a letter to the
				  head of the public agency describing in detail the reasons for the challenge.
				  The head of the public agency shall have the authority to resolve any challenge
				  concerning the award of a contract. A written decision shall be rendered within
				  14 days and shall be mailed or otherwise furnished immediately to the
				  design-builder making the challenge. The decision shall be final and no appeal
				  based on price will be allowed unless:
1. the
				  decision is fraudulent; or
2. the
				  appeal is timely:
a. if the public agency is a
				  state entity, the person adversely affected by the decision has timely appealed
				  to the court in accordance with
				  R.S.
				  39:1691(A);
b. if the public agency is a non-state
				  entity, the person adversely affected by the decision has timely appealed to
				  the court of proper venue for the public agency.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-199 - Technical Proposal-Finality

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Once the design-builder has been chosen and a contract for a stipulated
				  schedule and sum certain price executed, the price of the design-build contract
				  shall not be increased other than for inflation as prescribed in the contract
				  and for site or other conditions of which the design-builder had no knowledge
				  and should not have had knowledge as a reasonable possibility existing at the
				  site or concerning the design and construction or for changes on the scope of
				  work by the public agency.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 2 - Capital Outlay Budget Request Forms › Section III-201 - Instructions for Preparation of Capital Outlay Budget Request Forms

Current through Register Vol. 50, No. 6, June 20, 2024
A. When preparing a
				five-year capital outlay plan, a first year request should reflect only those
				projects which must be funded next year. If a project can wait, it should be
				shown in years 2-5 of the request.
B. For projects other than those funded from
				self-generated cash, federal funds or dedicated revenues, the only anticipated
				source of funding available is the sale of general obligation bonds. It is,
				therefore, necessary to limit capital outlay projects which do not have a cash
				source of funding to those which have an anticipated useful life of 20 years or
				more and a value or cost of at least $50,000. Examples of projects that qualify
				for inclusion in the capital outlay bill are:
1. land acquisition;
2. site development and
				improvement;
3. acquisition or
				construction of buildings or other structures;
4. additions of expansions to existing
				facilities;
5. major repair or
				renovation of existing facilities;
6. installation, extension or replacement of
				utility systems or major building system components;
7. roof replacement;
8. asbestos abatement;
9. fixed equipment which is connected to
				building utility systems;
10.
				initial equipment and furnishings for new buildings. However, depending on the
				useful life of equipment and furnishings, a decision may be made to fund these
				items through alternate sources.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 3 - Louisiana Uniform Public Work Bid Form › Section III-301 - Name

Current through Register Vol. 50, No. 6, June 20, 2024
A. The name of this
				document shall be the "Louisiana Uniform Public Work Bid Form" also referred to
				hereinafter as "Bid Form."
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:2212.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 3 - Louisiana Uniform Public Work Bid Form › Section III-303 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. This form is
				prepared and issued in accordance with Acts 726 and 727 of the 2008 Regular
				Legislative Session.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:2212.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 3 - Louisiana Uniform Public Work Bid Form › Section III-305 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this rule shall be to provide for the more effective and efficient letting of
				public works contracts and to establish a uniform standardized bid form to
				facilitate this.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:2212.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 3 - Louisiana Uniform Public Work Bid Form › Section III-307 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This rule shall
				apply to all state agencies and political subdivisions. The bid form shall
				require only the information necessary to determine the lowest bidder. With the
				exception of unit prices, all items on the Louisiana Uniform Public Works bid
				form shall be included for public works projects. No other information may be
				required from the bidder. Other documentation required shall be furnished by
				the low bidder at a later date, in accordance with the bidding
				documents.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:2212.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 3 - Louisiana Uniform Public Work Bid Form › Section III-311 - Alternates

Current through Register Vol. 50, No. 6, June 20, 2024
A. Provide space
				for, give descriptive title to and arrange for alternates in the order of
				priority. A maximum of three alternates are allowed by state law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:2212.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 3 - Louisiana Uniform Public Work Bid Form › Subchapter B - Universal Design › Section III-321 - Name

Current through Register Vol. 50, No. 6, June 20, 2024
A. The name of this
				  document shall be the "Percent for Universal Design Program " also referred to
				  hereinafter as "Universal Design ."
AUTHORITY NOTE:
					 Promulgated in accordance with Act 368 of the 2009 Regular Legislative Session
					 .
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 3 - Louisiana Uniform Public Work Bid Form › Subchapter B - Universal Design › Section III-323 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this program is to provide for the implementation of the principles of
				  universal design in or on state buildings and grounds to move beyond minimum
				  accessibility requirements, maximize accessibility for all users regardless of
				  their functional capabilities and bring to the attention of architects,
				  builders, and the public at large the vast benefits that can be realized by
				  implementing universal design principles in the construction and renovation of
				  all buildings, including those privately owned and personal
				  residences.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 368 of the 2009 Regular Legislative Session
					 .
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 3 - Louisiana Uniform Public Work Bid Form › Subchapter B - Universal Design › Section III-325 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  shall apply to all state agencies and the construction or renovation of all
				  state buildings for which the estimated construction cost exceeds two million
				  dollars.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 368 of the 2009 Regular Legislative Session
					 .
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 3 - Louisiana Uniform Public Work Bid Form › Subchapter B - Universal Design › Section III-327 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				  of this Chapter, the following terms shall have the indicated
				  meanings.
Construction
- the process of adding
					 structure to real property by acquiring and assembling the components of
					 buildings or other physical improvements.
Renovation
- construction to modify, alter
					 or change an existing building for the purpose of adaptive reuse,
					 reconstruction or restoration and may include modification of any or all
					 building systems. It does not, however, include a project the principal purpose
					 of which is the rehabilitation of plumbing, heating, ventilating, air
					 conditioning, electrical or other systems whose purpose is strictly
					 utilitarian.
State Building
- any building, facility,
					 structure, or park built or renovated using state funds that will be owned by a
					 department or agency in the executive, judicial, or legislative branch of state
					 government, including any state-owned lands or space surrounding or integral to
					 the building. "State building" does not include vehicular bridges and tunnels,
					 or other non integral structures whose purpose is strictly utilitarian.
State Funds or State Money
- shall not
					 include federal funds or insurance proceeds for the construction, replacement,
					 renovation, or improvement of a state building damaged by a natural catastrophe
					 when conditions governing the expenditure of such monies specifically preclude
					 their use for the utilization and implementation of universal design features,
					 nor shall it include state monies used as a match for such federal funds or
					 insurance proceeds.
Universal Design
- as more fully defined
					 in the attached list of Principles of Universal Design, means certain design
					 features that are not currently required by the Americans with Disabilities Act
					 of 1990.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 368 of the 2009 Regular Legislative Session
					 .
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 3 - Louisiana Uniform Public Work Bid Form › Subchapter B - Universal Design › Section III-331 - Principles of Universal Design

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Universal design is a principle of design guiding a wide range of design
				  disciplines including environments, products, and communications including all
				  of the following.
1. Principle 1: Equitable
				  Use. The design is useful and marketable to people with diverse abilities.
a. Guidelines. Provides the same means of use
				  for all users: identical whenever possible; equivalent when not. Avoids
				  segregating or stigmatizing any users. Incorporates provisions for privacy,
				  security, and safety that should be equally available to all users. Makes the
				  design appealing to all users.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 4 - Third-Party Projects › Section III-401 - Preface

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				17:3361 provides for the following.
1. Each higher education management board may
				grant leases of any portion or portions of grounds or campus of any college or
				university or other immovable property under its supervision and management.
				These leases may be granted for a term not to exceed 99 years for each
				lease.
2. Said leases may be
				granted to any of the following:
a. an
				organized national or local college or university fraternity or
				sorority;
b. a religious,
				quasi-religious, or benevolent organization or other nonprofit corporation or
				association;
c. a military
				organization under the supervision of the state of Louisiana or of the United
				States of America;
d. a public
				body;
e. a private entity, provided
				such private entity shall be obligated under the terms of the lease agreement
				to construct improvements on the leased premises which will further the
				educational, scientific, research, or public service functions of the board and
				provided further that the private entity has been selected pursuant to a
				competitive bid or competitive proposal process.
3. Each board may permit the lessees to
				erect, construct, and maintain thereon fraternity or sorority houses or homes,
				student centers, facilities for religious worship and instruction, armories,
				storehouses, and other structures. Contracts entered into by private lessee for
				the performance of work on the leased premises or the erection, construction,
				or maintenance of improvements on the leased premises shall not constitute
				public works contracts.
4. The land
				leased to any fraternity, sorority, religious of quasi-religious organization
				shall not exceed 1 acre.
5. The
				architectural plans for each house or other structure shall be approved by the
				board prior to any construction taking place on the leased grounds.
6. The provisions of
				R.S.
				39:1643 and R.S. 41:1211-1225 shall not be
				applicable to agreements authorized by
				R.S.
				17:3361.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 4 - Third-Party Projects › Section III-403 - Oversight

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any construction
				in conjunction with a lease to a nonprofit corporation or association in
				accordance with
				R.S.
				17:3361 resulting in the construction of
				improvements on or after January 1, 2007, on college or university property
				shall be considered a third-party project and shall be subject to design and
				construction oversight by the Division of Administration, Office of Facility
				Planning and Control.
B. Design and
				construction oversight:
1. the right to
				review and approve plans and specifications prior to the commencement of
				construction and to require such changes as may be necessary to comply with
				applicable building codes, space standards, where appropriate, and standards
				ensuring quality of construction; and
2. the right to conduct periodic inspections
				during construction to ensure that work is being performed in compliance with
				the approved plans and specifications.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 4 - Third-Party Projects › Section III-405 - Role During Design Phases

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				university or college shall notify the director of the Office of Facility
				Planning and Control in writing of any new third-party project, prior to
				beginning design of the project. A preliminary program indicating the scope and
				budget of the project shall be submitted to the Division of Administration,
				Office of Facility Planning and Control.
B. At a minimum, plans and specifications,
				along with a complete building code analysis, shall be submitted to the Office
				of Facility Planning and Control at the program completion phase and at the
				final construction documents or bid documents phase. However, submittal of
				plans and specifications to the Office of Facility Planning and Control may be
				required at schematic design and design development phases, based on a schedule
				to be established at the beginning of the project as required in fulfilling the
				Office of Facility Planning and Control's right to design oversight. Prior to
				the issuance of any contract for construction or any authorization to proceed
				with construction, final construction documents shall be submitted to and be
				found to meet the requirements of the Department of Public Safety and
				Corrections, Office of State Fire Marshal, the Department of Health and
				Hospitals and the Division of Administration, Office of Facility Planning and
				Control, as well as complying with the laws and regulations of any other
				regulatory authorities having jurisdiction.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1724.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 4 - Third-Party Projects › Section III-407 - Role During Construction Phase

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The Office of Facility Planning and Control shall be advised of date, time and
				location of pre-design conference and monthly progress meetings for all
				third-party projects.
B. The Office
				of Facility Planning and Control reserves the right to conduct periodic
				inspections during construction of all third-party projects.
C. Copies of all change orders shall be
				submitted to the Office of Facility Planning and Control. Change orders will be
				reviewed pursuant to LAC 34:III.403.
D. Upon certification by the designer of
				record that the construction has been completed in accordance with the plans
				and specifications and is in compliance with the Louisiana building code (LAC
				34:III.131) and upon receipt of documentation of the final inspection and
				approval for occupancy by the Office of State Fire Marshal, the Office of
				Facility Planning and Control will issue a finding of no objection to the
				building being occupied for its intended purpose.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1724.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-501 - Authority, Policy, Purpose, and Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Authority. Louisiana Revised Statutes
				provide that all agreements for the lease or rental of space shall be made by
				the agency whose offices and/or activities are to be housed, but shall be made
				and entered into only with the approval of the Commissioner of Administration.
				(Louisiana Procurement Code, Louisiana Revised Statutes, Chapter 17 of Title 39
				R.S.
				39:1551 et seq. with particular reference to
				R.S. 39:1641-1644). The commissioner has designated the Office of Facility
				Planning and Control, Real Estate Leasing Section, to administer this function
				(R.S.
				39:1641).
B. Policy. It is the policy of the Division
				of Administration to acquire the best available rental space for state agencies
				with the greatest amount of competition among lessors of privately owned
				facilities (R.S.
				39:1594.G,
				R.S.
				39:1594.E as amended,
				R.S.
				39:1643.A as amended).
C. Purpose. The purpose of these procedures
				and regulations is to simplify and clarify the procurement practices for
				renting and leasing of space for state agencies, to provide increased economy
				and efficiency in procurement activities, to foster more effective competition
				for bid space, ensure fair and equitable treatment of all persons involved, to
				enable greater public confidence in the lease procurement process, and to
				maintain a procurement system of quality and integrity.
D. Application. The definition of
agency
stated in
				R.S.
				39:2(A)(2) shall be the sole
				definition of the term
state agency
employed herein in
				connection with the acquisition of housing space and the fact that an agency is
				supported by fees or taxes collected by, or dedicated to, the agency or which
				otherwise receives its operating funds through means other than direct
				appropriations, shall not be a test as to whether these rules shall be
				applicable to an agency of the state. (R.S.
				39:1641(C)).
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  39:1551-1736.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-503 - Space Acquisition Method

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				In General
1. The Office of Facility Planning
				and Control, Real Estate Leasing Section, will retain an original of each lease
				and will notify a user agency when its lease is about to expire.
2. All standard forms mentioned herein are
				available on request from the Office of Facility Planning and Control, Real
				Estate Leasing Section.
3. Every
				lease for the use of 5,000 square feet or more, with the exception of emergency
				and sole source procurements as set forth in
				§513 and
				cooperative use agreements between public procurement units, as set forth in
				R.S.
				39:1701 and 1704, must be procured in
				accordance with
				R.S.
				39:1594.
4. All leases and lease amendments, including
				amendments both for space of less than 5,000 square feet (which can be
				negotiated) and for 5,000 square feet or more, which must be bid, must be
				preceded by a request for approval form RL-2A (negotiable and amended leases)
				and RL-2B (leases competitively bid) on which the request for space, location
				and terms of lease are detailed.
5.
				The Office of Facility Planning and Control, Real Estate Leasing Section, will
				examine the request in relation to authorized programs, funds, and personnel,
				and will approve, take under advisement, or disapprove the user agency request,
				taking into consideration, including but not limited to, the price per square
				foot of rental space, space allocation, availability of housing in state-owned
				space, location of the requested space, number of locations considered,
				timeliness of the availability of the requested space.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-505 - Space Offered

Current through Register Vol. 50, No. 6, June 20, 2024
A. A bidder may
				offer space consisting of any of the following: owned or leased space ready for
				occupancy, owned or leased space to be renovated for occupancy, owned or leased
				new construction.
B. Space may not
				be offered for lease in response to a solicitation if the same space has been
				offered/bid for another solicitation within the last 60 days and has not been
				withdrawn for that solicitation.
C.
				A bidder must control the offered property and parking areas as of the date of
				the bid opening and throughout the term of the lease and option period. He
				shall submit an affidavit with his bid indicating how the property and parking
				areas are controlled. The Real Estate Leasing section shall ask the apparent
				low bidder to provide schematic plans, outline specifications, and site plans
				and will evaluate those plans and specifications to determine compliance of the
				offered space with the advertised bid specifications.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  39:1551-1736.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-506 - Rejection of Bids and Cancellation of Invitations for Bids or Requests for Proposals

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Chief Procurement Officer or designee has the right to reject any or all bids,
				and to cancel an invitation for bids, a Request for Approval Form RL-2, or
				other solicitation when it has been deemed to be in the best interest of the
				state of Louisiana. Such determination must be made in writing.
B. If the solicitation is cancelled prior to
				bid opening, all bidders of record (those bidders who obtain from the Real
				Estate Leasing Section a copy of the bid specifications) are notified. If the
				solicitation is cancelled after the bid opening, all bidders are
				notified.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  39:1551-1736.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-508 - Correction and Withdrawal of Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Prior to Bid Opening. Prior to the bid opening, a written request for the
				withdrawal of a bid will be granted if the request is received prior to the
				specified time of the bid opening. If a bidder withdraws a bid, all bid
				documents shall remain the property of the state.
B. After Bid Opening. Patent errors in bids
				or errors in bids supported by clear and convincing evidence may be corrected,
				or bids may be withdrawn, if such correction or withdrawal does not prejudice
				other bidders. Such bid may be corrected or withdrawn after bid opening only
				with the approval of the Office of Facility Planning and Control, Real Estate
				Leasing Section. A bidder who wishes to correct or withdraw a bid, must request
				approval for such action in writing. The request must specify the justification
				for the proposed correction or withdrawal. If a bidder is allowed to withdraw a
				bid, he may be required to withdraw all other bids he has submitted for that
				solicitation.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  39:1551-1736.