§ 39:2192 — Right to prohibit awards or procurement with individuals convicted of certain felony

§2192. Right to prohibit awards or procurement with individuals convicted of certain felony
crimes
A. In awarding contracts, any public entity is authorized to reject the lowest bid
from, or not award the contract to, a business in which any individual with an ownership
interest of five percent or more has been convicted of, or has entered a plea of guilty or nolo
contendere to any state felony crime or equivalent federal felony crime committed in the
solicitation or execution of a contract or bid awarded under the laws governing public
contracts under the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes
of 1950, the Louisiana Procurement Code under the provisions of Chapter 17 of this Title.
B. Nothing in this Section shall impose a duty, responsibility, or requirement on a
public entity to perform criminal background checks on contractors, vendors, or
subcontractors. It shall be the responsibility of any person, company, or entity making an
allegation of prior convictions on the part of any individual with an ownership interest of five
percent or more in any bidder to present prima facie evidence to the public entity supporting
their claim.
C. If evidence is submitted substantiating that any individual with an ownership
interest of five percent or more in the lowest bidder has been convicted of, or has entered a
plea of guilty or nolo contendere to any state felony crime or equivalent federal felony crime
committed in the solicitation or execution of a contract or bid awarded under the laws listed
in Subsection A of this Section and the public entity rejects the lowest bid, the company
whose bid is rejected shall be responsible to the public entity for the costs of rebidding, the
increased costs of awarding to the second low bidder, or forfeiture of the bid bond,
whichever is higher.

Legislative History

Acts 2010, No. 864, §2.