Title 38, Public Contracts, Works and Improvements
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 38:2245 Proceedings tried summarily
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§2245. Proceedings tried summarily All proceedings brought under this Part shall be tried summarily and referred to a commissioner, as provided by law, who shall report his findings to the court at the earliest date possible.
La. Rev. Stat. § 38:2246 Attorney's fees
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§2246. Attorney's fees A. After amicable demand for payment has been made on the principal and surety and thirty days have elapsed without payment being made, any claimant recovering the full amount of his timely and properly recorded or sworn claim, whether by concursus proceedi…
La. Rev. Stat. § 38:2247 Construction of Part
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§2247. Construction of Part A. Nothing in this Part shall be construed to deprive any claimant, as defined in this Part and who has complied with the notice and recordation requirements of R.S. 38:2242(B), of his right of action on the bond furnished pursuant to this Part, provid…
La. Rev. Stat. § 38:2248 Provisions for withholding payment; effect on liability of contractor or agency;
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§2248. Provisions for withholding payment; effect on liability of contractor or agency; punch list; liquidated damages A. No contracts for the construction, alteration, or repair of any public works executed in conformity with this Part shall provide that the state or any of its …
La. Rev. Stat. § 38:2249 Security in lieu of the amount withheld
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§2249. Security in lieu of the amount withheld A. Under any contract awarded under the provisions of this Chapter, the contractor may, with written consent of his surety company, from time to time, withdraw the entire amount retained from payments due the contractor pursuant to t…
La. Rev. Stat. § 38:225 Obstructions on levees, waterways, and rights-of-way therefor; removal at expense
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§225. Obstructions on levees, waterways, and rights-of-way therefor; removal at expense of person responsible; destroying markers prohibited A. No person shall: (1)(a) Except as provided by Item (b)(i) of this Paragraph, place or cause to be placed upon or within fifteen feet of …
La. Rev. Stat. § 38:2251 Preference for products produced or manufactured in Louisiana; exceptions
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§2251. Preference for products produced or manufactured in Louisiana; exceptions A. As used in this Section, the following terms shall have the following meanings ascribed to them: (1) "Assembled" means the process of putting together all component parts of an item of equipment b…
La. Rev. Stat. § 38:2251.1 Preference for milk and dairy products produced or processed in this state
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§2251.1. Preference for milk and dairy products produced or processed in this state Every person acting as a purchasing agent for any agency, board, commission, department, or other instrumentality of the state or of a parish, municipality, or other unit of local government, incl…
La. Rev. Stat. § 38:2251.2 Preference for steel rolled in Louisiana
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§2251.2. Preference for steel rolled in Louisiana A. When purchasing steel, every person acting as purchasing agent for any agency, board, commission, department, or other instrumentality of the state or of a parish, municipality, or other unit of local government, including a le…
La. Rev. Stat. § 38:2252 Requests for bids and proposals to contain reference to preference
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§2252. Requests for bids and proposals to contain reference to preference All requests for bids and proposals for any purchase shall contain the words: "Preference is hereby given to materials, supplies and provisions, produced, manufactured or grown in Louisiana, quality being e…
La. Rev. Stat. § 38:2253 Preference to firms doing business in state
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§2253. Preference to firms doing business in state In making any purchase it shall be the duty of the officer, purchasing agent, board, district or commission, all things being equal, to give preference to firms doing business in the State of Louisiana. However, this preference s…
La. Rev. Stat. § 38:2254 Delivery tickets and itemized invoices
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§2254. Delivery tickets and itemized invoices All persons or companies selling to the state or any of its agencies, boards, districts or commissions shall comply with the following provisions: (1) A delivery ticket must accompany the things sold when delivered and (2) A complete …
La. Rev. Stat. § 38:2255 Printing contracts; bids
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§2255. Printing contracts; bids To better facilitate the collection of sales taxes and other taxes in the purchase of printing, lithographing, embossing, engraving, binding, record books, printed supplies, stationery and office supplies and equipment, every board, district, commi…
La. Rev. Stat. § 38:2256 Supplies not ordinarily obtainable from Louisiana firms
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§2256. Supplies not ordinarily obtainable from Louisiana firms In the purchase of said supplies not ordinarily obtainable from Louisiana firms, it shall be permissible to purchase from non-resident firms which are authorized to do business in the state of Louisiana, which maintai…
La. Rev. Stat. § 38:2257 "Louisiana firm" defined
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§2257. "Louisiana firm" defined The term "Louisiana firm" shall be construed to mean any person or persons, partnership, company, association or corporation authorized to do and doing business under the laws of the State of Louisiana, paying all taxes duly assessed, having a bona…
La. Rev. Stat. § 38:2258 Statement of non-resident firms as to payment of taxes
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§2258. Statement of non-resident firms as to payment of taxes Before any bill for said supplies shall be paid to any non-resident firm, a statement in writing shall be submitted by the seller to the effect that the said firm furnishing said supplies has paid all taxes duly assess…
La. Rev. Stat. § 38:2259 Contracts in violation of Act null and void
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§2259. Contracts in violation of Act null and void Any contract awarded or executed, or purchase made in violation of this Part shall be null and void and shall not be enforced in the courts of this state. Added by Acts 1958, No. 318, §9. Amended by Acts 1960, No. 502, §1.
La. Rev. Stat. § 38:226 Permits for levee crossings
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§226. Permits for levee crossings If an appointed board or commission having jurisdiction over levees receives letters of no objection from the United States Army Corps of Engineers and the Department of Transportation and Development, office of engineering, or, for levees in the…
La. Rev. Stat. § 38:2260 Penalties
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§2260. Penalties A. Except as provided for in Subsection B of this Section, violation of any of the provisions of this Part shall be deemed a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than one hundred dollars or more than five hundred doll…
La. Rev. Stat. § 38:2261 Preference for goods manufactured, or services performed, by individuals with
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§2261. Preference for goods manufactured, or services performed, by individuals with disabilities through supported employment providers; non-applicability of competitive bidding requirements; coordinating council A. Every agency as defined in R.S. 39:1556 shall give a preference…
La. Rev. Stat. § 38:2271 Purchase of materials, supplies, equipment, or consulting services by certain political
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§2271. Purchase of materials, supplies, equipment, or consulting services by certain political subdivisions using certain auction methods A.(1) The bidding provisions of this Chapter shall not apply when a political subdivision purchases materials, supplies, equipment, or consult…
La. Rev. Stat. § 38:2290 Closed specification prohibited; exception
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§2290. Closed specification prohibited; exception A. No architect or engineer, either directly or indirectly, shall submit a closed specification of a product to be used in the construction of a public building or project, unless all products other than the one specified would de…
La. Rev. Stat. § 38:2291 Written notice to approving authority of inclusion of closed specification
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§2291. Written notice to approving authority of inclusion of closed specification Whenever an architect or engineer, either directly or indirectly, has included a closed specification in the specifications for a public building or project, he shall submit a written report to the …
La. Rev. Stat. § 38:2292 Acceptance or rejection of closed specification
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§2292. Acceptance or rejection of closed specification The approving authority may accept a closed specification only after it determines that all products brought to its attention are excludable under the provisions of R.S. 38:2290, however, the approving authority must reject t…
La. Rev. Stat. § 38:2293 Effect of violation; proceedings to annul contracts violating provisions of this Part
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§2293. Effect of violation; proceedings to annul contracts violating provisions of this Part A. Any contract entered into in violation of any provision of this Part shall be null and void. B. The district attorney in whose district a violation of this Part occurs, the attorney ge…
La. Rev. Stat. § 38:2294 Separate bids
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§2294. Separate bids A. Each closed specification authorized by the approving authority shall be offered for bid as a separate item. B. No contractor or sub-contractor shall accept a bid on a closed specification unless the item is priced separately in the bid. Added by Acts 1965…
La. Rev. Stat. § 38:2295 Plans and specifications; required provisions
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§2295. Plans and specifications; required provisions A. All plans and specifications for public works submitted by an architect or engineer shall include the following provisions relating to equal brand products other than those specified: (1) The name of a certain brand, make, m…
La. Rev. Stat. § 38:2296 Definitions
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§2296. Definitions A. A "closed specification" shall be a product specified to the exclusion of all other products of apparent equal quality and utility. B. "Exclusive distribution" shall be the right to control, either by contract or practice, directly or indirectly, the distrib…
La. Rev. Stat. § 38:23 Permit or consent required
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§23. Permit or consent required A. All dams, as described in R.S. 38:22, both federal and nonfederal but excluding the Toledo Bend Dam, and the locks and dams on the Red River, Ouachita River, Black River, Mississippi River and tributaries under the jurisdiction of the United Sta…
La. Rev. Stat. § 38:2301 Repealed by Acts 1988, No
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§2301. Repealed by Acts 1988, No. 18, §1; Acts 1988, No. 90, §1, eff. June 27, 1988.
La. Rev. Stat. § 38:2310 Definitions
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§2310. Definitions As used in this Part, the following words and phrases shall have the meanings hereinafter set forth unless the context clearly requires otherwise: (1) "Agency" means the state of Louisiana or any board, commission, department, corporation, institution, or other…
La. Rev. Stat. § 38:2311 Boards; creation, organization, powers, duties
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§2311. Boards; creation, organization, powers, duties A.(1) There are hereby created the following professional services selection boards: (a) The Louisiana Architects Selection Board. The board shall be composed of eight members. Five shall be regular members, one elected from e…
La. Rev. Stat. § 38:2312 Notice and application
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§2312. Notice and application A. Each agency intending to contract for professional services shall notify the Division of Administration of such intention and shall provide the Division of Administration with all necessary information concerning the proposed project. The Division…
La. Rev. Stat. § 38:2313 Selection of persons for professional services; participation in mentor-protégé
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§2313. Selection of persons for professional services; participation in mentor-protégé program A. Each person who is to be retained or employed to perform professional services by an agency shall be selected by the boards from properly licensed architects, engineers, and landscap…
La. Rev. Stat. § 38:2314 Prohibitions, penalties
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§2314. Prohibitions, penalties A. Each contract entered into by an agency for professional services shall contain a prohibition against contingent fees as follows: "The person performing the professional services warrants that he has not employed or retained any company or person…
La. Rev. Stat. § 38:2314.1 Arbitration
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§2314.1. Arbitration Any contract for professional design services entered into by the state shall require that all claims, disputes, and other matters arising from that contract shall, at the option of the state, be decided by arbitration. To the extent possible, such arbitratio…
La. Rev. Stat. § 38:2315 Equal opportunity
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§2315. Equal opportunity Every person shall be guaranteed equal employment opportunities in the selection of persons for professional services and such selection of persons for professional services and such selection shall not discriminate against any person because of race, rel…
La. Rev. Stat. § 38:2316 Applicability
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§2316. Applicability Except as provided in R.S. 38:2311(C), the provisions of this Part shall not apply to professional service contracts in which the estimated project budget cost is one million dollars or less. Added by Acts 1975, No. 721, §1. Amended by Acts 1982, No. 618, §1;…
La. Rev. Stat. § 38:2317 Ownership of documents
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§2317. Ownership of documents A. Any and all plans, designs, specifications, or other construction documents resulting from professional services paid for by any public entity shall remain the property of the public entity whether the project for which they were prepared was cons…
La. Rev. Stat. § 38:2318 Prescription
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§2318. Prescription A. Any action by the state or an agency against any person or other entity concerning a professional services contract for public works construction entered into by such person or other entity with the state or an agency shall prescribe five years from the acc…
La. Rev. Stat. § 38:2318.1 Louisiana "No Bidding of Architectural and Engineering Professional Services"
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§2318.1. Louisiana "No Bidding of Architectural and Engineering Professional Services" policy A. It is the policy of the state of Louisiana and its political subdivisions and agencies to select architectural and engineering professional services on the basis of competence and qua…
La. Rev. Stat. § 38:2318.2 Percent for Universal Design Program; established
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§2318.2. Percent for Universal Design Program; established A. Recognizing the declaration of rights underlying the state's constitution, government is instituted to protect the rights of the individual and provide for the good of the whole; hence, the legislature declares it to b…
La. Rev. Stat. § 38:2319 Short title
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§2319. Short title This Part shall be known as the Local Government Equipment-Lease-Purchase Act. Acts 1985, No. 758, §1, eff. July 17, 1985. {{NOTE: SEE ACTS 1985, NO. 758, §§5 AND 6.}}
La. Rev. Stat. § 38:2319.1 Legislative findings and intent
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§2319.1. Legislative findings and intent The intent of the legislature in enacting this Part is to provide a cost effective means of acquiring essential equipment for the operation of local governmental entities. Commercial leases or renting agreements as well as lump sum purchas…
La. Rev. Stat. § 38:2319.10 Approval by State Bond Commission
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§2319.10. Approval by State Bond Commission No equipment-lease-purchase contract may be effected under the provisions of this Part unless the prior written approval of the form of the lease is obtained from the State Bond Commission. Acts 1985, No. 758, §1, eff. July 17, 1985. {{…
La. Rev. Stat. § 38:2319.2 Definitions
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§2319.2. Definitions As used in this Part, the words defined in this Section shall have the meanings set forth below, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular provision: (1) "Annual app…
La. Rev. Stat. § 38:2319.21 Surplus property; donation or exchange
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§2319.21. Surplus property; donation or exchange Nothing contained in this Part or in any other provision of law shall prohibit the donation or exchange of movable surplus property between or among political subdivisions whose functions include public safety. Acts 1999, No. 856, …
La. Rev. Stat. § 38:2319.3 Equipment-lease-purchase contracts with nonprofit lessors authorized; term
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§2319.3. Equipment-lease-purchase contracts with nonprofit lessors authorized; term Local governmental entities may enter into equipment-lease-purchase contracts directly with nonprofit lessors, as provided in this Part, for a term not to exceed ten years or the reasonably expect…
La. Rev. Stat. § 38:2319.4 Procurement of equipment; general law applicable
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§2319.4. Procurement of equipment; general law applicable A. No equipment may be leased under a lease-purchase contract under the terms of this Part unless such equipment, the estimated price, the estimated economic useful life, and the selected vendor thereof is identified by th…
La. Rev. Stat. § 38:2319.5 Selection of nonprofit lessor; award of lease
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§2319.5. Selection of nonprofit lessor; award of lease A lease-purchase contract with a nonprofit lessor for one or more pieces of selected equipment may be executed between the local governmental entity and a nonprofit lessor through competitive negotiation, provided that a noti…