§ 39:1962 — Construction of public works; two hundred thousand dollars or more

Louisiana § 39:1962

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

NOTE: This provision of law was included in the Unconstitutional Statutes
Biennial Report to the Legislature, dated March 14, 2016 .
§1962. Construction of public works; two hundred thousand dollars or more
A. When a contract for the construction of public works in an amount
of two hundred thousand dollars or more is to be awarded by the facility
planning and control section of the division of administration on the basis of
competitive bidding under Chapter 10 of Title 38 or Chapter 17 of Title 39 of
the Louisiana Revised Statutes of 1950, the award shall be made to a
minority-owned business certified under the provisions of this Chapter when
the price bid by such business is within five percent of the otherwise lowest
responsive and responsible bidder whose bid meets the requirements and
criteria set forth in the invitation for bids. However, the provisions of this
Subsection shall apply only when the certified minority-owned business is the
prime contractor.
B. If there is no certified minority-owned business whose bid is within
the range established under Subsection A of this Section, the award shall go
to the lowest responsive and responsible bidder whose bid meets the
requirements and criteria set forth in the invitation for bids without regard to
minority status.
C. In the event that the minority-owned business is awarded the
contract by bidding within five percent of the lowest responsive and
responsible bidder as provided in Subsections A and B of this Section, the
minority-owned business shall adjust its bid to correspond to the bid of the
otherwise lowest responsive or responsible bidder that would have been
awarded the contract, but in no case shall the adjustment be by more than five
percent.
D. The contracts awarded to minority-owned businesses pursuant to
this Section shall not exceed ten percent of the total dollar amount of the
contracts awarded by the facility planning and control section of the division
of administration, and shall not exceed ten percent of the total dollar amount
of the contracts awarded by the Department of Transportation and
Development.

Legislative History

Acts 1984, No. 653, §1, eff. July 1, 1984; Acts 1986, No. 394, §1; Acts 1992, No. 797, §2, eff. July 1, 1992.