§ 38:2211 — Definitions

Louisiana § 38:2211

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§2211. Definitions
A. As used in this Chapter unless the context clearly indicates otherwise, the
following terms shall mean:
(1) "Alternate" means an item on the bid form that may either increase or decrease
the quantity of work or change the type of work within the scope of the project, material, or
equipment specified in the bidding documents, or both.
(2) "Bidding documents" means the bid notice, plans and specifications, bid form,
bidding instructions, addenda, special provisions, and all other written instruments prepared
by or on behalf of a public entity for use by prospective bidders on a public contract.
(3)(a) "Change order" means any contract modification that includes an alteration,
deviation, addition, or omission as to a preexisting public work contract, which authorizes
an adjustment in the contract price, contract time, or an addition, deletion, or revision of
work.
(b) "Change order outside the scope of the contract" means a change order which
alters the nature of the thing to be constructed or which is not an integral part of the project
objective.
(c) "Change order within the scope of the contract" means a change order which does
not alter the nature of the thing to be constructed and which is an integral part of the project
objective.
(4) "Contractor" means any person or other legal entity who enters into a public
contract.
(5)(a) "Emergency" means an unforeseen mischance bringing with it destruction or
injury of life or property or the imminent threat of such destruction or injury or as the result
of an order from any judicial body to take any immediate action which requires construction
or repairs absent compliance with the formalities of this Part, where the mischance or court
order will not admit of the delay incident to advertising as provided in this Part. In regard to
a municipally owned public utility, an emergency shall be deemed to exist and the public
entity may negotiate as provided by R.S. 38:2212(P) for the purchase of fuel for the
generation of its electric power where the public entity has first advertised for bids as
provided by this Part but has failed to receive more than one bid.
(b) An "extreme public emergency" means a catastrophic event which causes the loss
of ability to obtain a quorum of the members necessary to certify the emergency prior to
making the expenditure to acquire materials or supplies or to make repairs necessary for the
protection of life, property, or continued function of the public entity.
(6) "Licensed design professional" means the architect, landscape architect, or
engineer who shall have the primary responsibility for the total design services performed
in connection with a public works project. Such professional shall be licensed as appropriate
and shall be registered under the laws of the state of Louisiana.
(7) "Liquidated damages" means a fixed sum of damages stipulated in a public works
construction contract that are intended to compensate a public entity as a result of a delay in
performance by the contractor and may be assessed for a project not being substantially
complete within the time provided for by the public works contract.
(8)(a) "Louisiana resident contractor", for the purposes of this Part, includes any
person, partnership, association, corporation, or other legal entity and is defined as one that
either:
(i) Is an individual who has been a resident of Louisiana for two years or more
immediately prior to bidding on work,
(ii) Is any partnership, association, corporation, or other legal entity whose majority
interest is owned by and controlled by residents of Louisiana, or
(iii) For two years prior to bidding has maintained a valid Louisiana contractor's
license and has operated a permanent facility in the state of Louisiana and has not had a
change in ownership or control throughout those two years.
(b) For the purposes of Item (a)(ii) of this Paragraph, ownership percentages shall
be determined on the basis of:
(i) In the case of corporations, all common and preferred stock, whether voting or
nonvoting, and all bonds, debentures, warrants, or other instruments convertible into
common or preferred stock.
(ii) In the case of partnerships, capital accounts together with any and all other
capital advances, loans, bonds, debentures, whether or not convertible into capital accounts.
(9) "Negotiate" means the process of making purchases and entering into contracts
without formal advertising and public bidding with the intention of obtaining the best price
and terms possible under the circumstances.
(10) "Probable construction costs" means the estimate for the cost of the project as
designed that is determined by the public entity or the designer.
(11) "Public contract" or "contract" means any contract awarded by any public entity
for the making of any public works or for the purchase of any materials or supplies.
(12) "Public entity" means and includes the state of Louisiana, or any agency, board,
commission, department, or public corporation of the state, created by the constitution or
statute or pursuant thereto, or any political subdivision of the state, including but not limited
to any political subdivision as defined in Article VI Section 44 of the Constitution of
Louisiana, and any public housing authority, public school board, or any public officer
whether or not an officer of a public corporation or political subdivision. "Public entity"
shall not include a public body or officer where the particular transaction of the public body
or officer is governed by the provisions of the model procurement code.
(13) "Public work" means the erection, construction, alteration, improvement, or
repair of any public facility or immovable property owned, used, or leased by a public entity.
(14) "Working days", for the purposes of this Part, means the days Monday through
Friday, excluding recognized holidays and declared emergencies.
(15) "Written" or "in writing" means the product of any method of forming
characters on paper, other materials, or viewable screen, which can be read, retrieved, and
reproduced, including information that is electronically transmitted and stored.
B. Unless clearly indicated otherwise, compliance with this Part required of any
public entity shall be done by the governing authority of such public entity if it has a
governing authority.

Legislative History

Acts 1977, No. 103, §1. Amended by Acts 1979, No. 795, §1; Acts 1984, No. 894, §1; SCR No. 10, 1988 1 st Ex. Sess.; Acts 1991, No. 1043, §1, eff. July 26, 1991; Acts 1995, No. 538, §1; Acts 1997, No. 120, §1; Acts 2003, No. 828, §1; Acts 2003, No. 831, §1; Acts 2011, No. 134, §1, eff. June 24, 2011; Acts 2012, No. 655, §1; Acts 2014, No. 759, §1; Acts 2020, No. 92, §1; Acts 2022, No. 774, §1, eff. June 20, 2022.