Terms Used In Louisiana Revised Statutes 38:2215

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • contract: means any contract awarded by any public entity for the making of any public works or for the purchase of any materials or supplies. See Louisiana Revised Statutes 38:2211
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person or other legal entity who enters into a public contract. See Louisiana Revised Statutes 38:2211
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Public entity: means and includes the state of Louisiana, or any agency, board, commission, department, or public corporation of the state, created by the constitution or statute or pursuant thereto, or any political subdivision of the state, including but not limited to any political subdivision as defined in Article VI Section 44 of the Constitution of Louisiana, and any public housing authority, public school board, or any public officer whether or not an officer of a public corporation or political subdivision. See Louisiana Revised Statutes 38:2211
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

            A.(1) A public entity shall act not later than forty-five calendar days after the date of opening bids to award such public works contract to the lowest responsible and responsive bidder or to reject all bids. However, the public entity and the lowest responsible and responsive bidder, by mutually written consent, may agree to extend the deadline for award by one or more extensions of thirty calendar days.

            (2)(a) Expeditious trial on the merits. If an interested party or bidder files for an injunction or writ of mandamus, they shall receive a trial on the requested relief in the district court within thirty calendar days of the filing of the suit. The district court shall render a final judgment not more than fifteen calendar days after the conclusion of the trial. A public entity shall award a public works contract in accordance with the judgment of a Louisiana court determining the lowest responsible and responsive bidder no later than forty-five days after such judgment, unless a timely suspensive appeal is filed.

            (b) Public entity‘s right to suspensive appeal. Unless waived, only the public entity may take a suspensive appeal within fifteen calendar days of the rendition of the final judgment of the district court. The suspensive appeal of the public entity shall be returnable to the appropriate appellate court not more than fifteen calendar days from the rendition of the final judgment of the district court. The suspensive appeal of the public entity shall be expedited and heard no later than thirty calendar days from the return day of the appeal. The appellate court shall render its ruling on the merits within thirty calendar days of the return day of the appeal.

            (c) Under no circumstance may an awarded bidder agree to relinquish or to compromise its award status in favor of another bidder.

            B. If the lowest responsible and responsive bidder has timely provided all documents required by La. Rev. Stat. 38:2212, and no injunction or temporary restraining order is in effect, the lowest responsible and responsive bidder and the public entity shall execute the contract not later than sixty calendar days after the date of the public entity’s award of the contract to the lowest responsible and responsive bidder.

            C. The public entity shall issue to the contractor a notice to proceed with the project or work order not later than thirty calendar days following the date of execution of the contract by both parties, whichever execution date is later. However, the public entity and the contractor, upon mutual written consent of both parties, may agree to extend the deadline to issue the notice to proceed.

            D. The provisions of this Section shall not be applicable when the contract is to be financed by bonds which are required to be sold after opening of bids on the contract, or when the contract is to be financed in whole or in part by federal or other funds which will not be readily available at the time bids are opened, or on contracts which require a poll of the Legislature of Louisiana before funds are available to fund the contract. If any time limit stipulated in this Section is not applicable because of one of the exceptions outlined in this Subsection, this fact shall be mentioned in the bidding documents for the project and in the official advertisement for bids required in accordance with La. Rev. Stat. 38:2212.

            E. These provisions shall not be subject to waiver.

            Acts 1991, No. 1043, §1, eff. July 26, 1991; Acts 1997, No. 1031, §1; Acts 2012, No. 647, §1, eff. July 1, 2012; Acts 2014, No. 759, §1; Acts 2021, No. 260, §1.

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