§2165. Bid procedures; penalty
A.
(1)It is the intent of this Section that only contractors who hold an appropriate
active license be awarded contracts either by bid or through negotiation. All architects,
engineers, and awarding authorities shall place in their bid specifications the requirement that
a contractor shall certify that he holds an active license in accordance with the provisions of
this Chapter by displaying his license number on the bid envelope. In the case of an
electronic bid proposal, a contractor may submit an authentic digital signature on the
electronic bid proposal accompanied by the contractor's license number in order to meet the
requirements of this Paragraph. Except as otherwise provided by this Subsection, if the bid
does not display the contractor's license num
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§2165. Bid procedures; penalty
A.(1) It is the intent of this Section that only contractors who hold an appropriate
active license be awarded contracts either by bid or through negotiation. All architects,
engineers, and awarding authorities shall place in their bid specifications the requirement that
a contractor shall certify that he holds an active license in accordance with the provisions of
this Chapter by displaying his license number on the bid envelope. In the case of an
electronic bid proposal, a contractor may submit an authentic digital signature on the
electronic bid proposal accompanied by the contractor's license number in order to meet the
requirements of this Paragraph. Except as otherwise provided by this Subsection, if the bid
does not display the contractor's license number on the bid envelope, the bid shall be
automatically rejected, returned to the bidder marked "Rejected", and not be read aloud.
(2) Any bid that does not require the contractor to hold an active license shall state
the exemption on the bid envelope and shall be treated as a lawful bid for the purposes of this
Section.
(3) On any project that has been classified by the architect or engineer, prior to the
bid, as a plumbing project, bids may be accepted only from those who have as a qualifying
party a person who has complied with the provisions of Chapter 16 of this Title, R.S.
37:1361 et seq.
(4) Any contractor who submits a bid for a type of construction for which he does
not hold an active license to perform shall be acting in violation of this Section and shall be
subject to all provisions for violations and penalties thereof.
(5) Any subcontractor who submits a bid or quotes a price to any unlicensed or
inactive prime contractor shall be subject to all provisions for violations and penalties
thereof.
(6) Any person required to be licensed by the board that bids a project requiring a bid
bond, the posting of a bid bond for the project, or certificates of insurance evidencing
mandated coverage and fails to provide such valid bonds or coverage when due shall be
subject to all provisions for violations and penalties thereof.
(7) Upon being awarded a bid, the person required to be licensed shall maintain the
required insurance coverage or bonding as required in the bid proposal.
(8) Any person who violates the provisions of this Section may be subject to
disciplinary action by the board, including suspension or revocation of the contractor's
licenses and the imposition of fines and administrative costs.
B. Where bids are to be received or forms furnished by the awarding authority, no
proposal forms or specifications shall be issued to anyone except a licensed contractor who
holds an active license or his authorized representation. In no event shall proposal forms be
issued later than twenty-four hours prior to the hour and date set for receiving proposals.
C. The architect, engineer, or awarding authority shall classify public projects. Once
the project is classified, any interested person may object by sending a certified letter to both
the board and the architect, engineer, or awarding authority stating with particularity the
reasons for the objection. The objection shall be submitted to the board and the architect,
engineer, or awarding authority in writing by certified mail or electronic mail at least ten
working days prior to the date on which bids are to be opened. Upon receipt of the protest
for the project classification, the Licensing Board Enforcement and Administrative staff will
review the scope of work and offer a recommendation for the proper classification to the
architect, engineer, or awarding authority within five working days after receipt of the
objection. Any objection to the classification not made in accordance with this Section shall
be considered waived.
D.(1) Any awarding authority or its agent who violates the provisions of this Section
shall be deemed guilty of a misdemeanor and, upon conviction, be punished by a fine of not
less than one hundred dollars or more than two hundred dollars or imprisonment in the parish
jail for not less than thirty days nor more than sixty days, or both. Any fine and
imprisonment are at the discretion of the court.
(2) In addition to the penalties prescribed in Paragraph (1) of this Subsection, the
board may, after notice and a hearing, impose a fine upon any awarding authority or its agent
who intentionally violates the provisions of this Section. The board may not impose any fine
as authorized by this Paragraph on the state, its agencies, boards, or commissions, or any
political subdivision thereof.