Terms Used In Louisiana Revised Statutes 38:2212.7

  • 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. See Louisiana Revised Statutes 38:2211
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

A.  Any person contracting with an agency for the purposes of developing bidding documents, requests for proposals, or any other type of solicitation related to a specific procurement shall be prohibited from bidding, proposing, or otherwise competing for award of that procurement.  Such persons shall further be prohibited from participating as subcontractors related to the award of that procurement.

B.  For the purposes of this Section, the following activities shall not be considered “developing bidding documents, requests for proposals, or any other type of solicitation”:

(1)  Architectural and engineering programming.

(2)  Master planning.

(3)  Budgeting.

(4)  Feasibility analysis.

(5)  Constructability review.

(6)  Furnishing specification data or other product information.

(7)  Any other services that do not establish selection qualifications or evaluation criteria for the procurement of an architect or engineer.

Acts 2008, No. 598, §1, eff. July 1, 2008; Acts 2009, No. 433, §1.