§ 38:2225.7 — Public private contract protocol requirements

Louisiana § 38:2225.7

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

Text

§2225.7. Public private contract protocol requirements
A. The division of administration shall issue guidance for any local governmental
entity that receives state funds and enters into a contract with a third-party entity for the
performance of public works for which state funds have been appropriated.
B. All contracts between local governmental entities and third-party entities shall
require a preconstruction meeting between the local governmental entity, the contractor, and
the design professional of record, with notice to the appropriate state entity, for the purpose
of establishing clear expectations of the contract deliverables, project deadlines,
accountability standards, payment schedules, and an expedited grievance procedure for
complaints. The preconstruction meeting shall accomplish the following:
(1) Establish a designated person who shall be the point of contact for the local
governmental entity during the project.
(2) Establish a procedure for the payment by electronic fund transfer or an agreed
upon method of payment to contractors.
(3) Establish a procedure whereby the local governmental entity accepts documents
which are digitally signed.
C.(1) The division of administration and the Department of Transportation and
Development shall develop and maintain software for utilization by local governmental
entities and contractors that receive state funding.
(2) All local governmental entities that receive state funding shall utilize the software
to measure the time between the close of the pay period and the time the payment estimate
is approved for payment and submitted to the owner. The software shall be utilized to
process all payment estimates and all parties to the contract shall have the ability to receive
requests and track the progress of each payment.
(3) The division of administration and the Department of Transportation and
Development shall make the software available for use on or before July 1, 2026.
D.(1) Beginning on July 1, 2026, all elected officials of municipalities and municipal
employees, as provided in Paragraph (2) of this Subsection, shall complete a minimum of
one hour of annual training on procurement and the letting of public contracts pursuant to
R.S. 38:2211 et seq., provided by the legislative auditor. The legislative auditor may contract
with a nonprofit entity or other organization to satisfy the training requirement.
(2) The training requirement applies to all municipal employees whose job duties
involve procurement activities, including but not limited to the purchase of materials and
supplies or public works, or drafting, managing, or supervision of contracts, including but
not limited to procurement contracts, cooperative endeavor agreements, contracts for
professional services, and the letting of public contracts pursuant to R.S. 38:2211 et seq.
(3) Such training may be provided through web-based means and shall include but
not be limited to training on Public Bid Law, public contracts, change orders, and the letting
of public contracts pursuant to R.S. 38:2211 et seq.
(4) The legislative auditor shall maintain records to document and certify completion
of the training by elected officials of municipalities and municipal employees.

Legislative History

Acts 2025, No. 436, §1, eff. June 20, 2025.