Louisiana Revised Statutes 38:2227 – Exclusion of certain contractors from bidding
Terms Used In Louisiana Revised Statutes 38:2227
- Allegation: something that someone says happened.
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- 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
A. Each public entity advertising and letting for bid a public works contract shall require the lowest bidder, in addition to the provisions of La. Rev. Stat. 38:2212(A)(3)(c)(ii), after the opening of bids, if a sole proprietor, to attest that he has not been convicted of, or has not entered a plea of guilty or nolo contendere to any of the crimes or equivalent federal crimes listed in Subsection B of this Section. The lowest bidding entity shall submit an attestation that no individual partner, incorporator, director, manager, officer, organizer, or member, who has a minimum of a ten percent ownership in the bidding entity, has been convicted of, or has entered a plea of guilty or nolo contendere to any of the crimes or equivalent federal crimes listed in Subsection B of this Section.
B.(1) A conviction of or plea of guilty or nolo contendere to the following state crimes or equivalent federal crimes shall permanently bar any person or the bidding entity from bidding on public projects:
(a) Public bribery (La. Rev. Stat. 14:118).
(b) Corrupt influencing (La. Rev. Stat. 14:120).
(c) Extortion (La. Rev. Stat. 14:66).
(d) Money laundering (La. Rev. Stat. 14:230).
(2) A conviction of or plea of guilty or nolo contendere to the following state crimes or equivalent federal crimes shall bar any person or the bidding entity from bidding on public projects for a period of five years from the date of conviction or from the date of the entrance of the plea of guilty or nolo contendere:
(a) Theft (La. Rev. Stat. 14:67).
(b) Identity Theft (La. Rev. Stat. 14:67.16).
(c) Theft of a business record (La. Rev. Stat. 14:67.20).
(d) False accounting (La. Rev. Stat. 14:70).
(e) Issuing worthless checks (La. Rev. Stat. 14:71).
(f) Bank fraud (La. Rev. Stat. 14:71.1).
(g) Forgery (La. Rev. Stat. 14:72).
(h) Contractors; misapplication of payments (La. Rev. Stat. 14:202).
(i) Malfeasance in office (La. Rev. Stat. 14:134).
C. The five-year prohibition provided for in Paragraph (B)(2) of this Section shall apply only if the crime was committed during the solicitation or execution of a contract or bid awarded pursuant to the provisions of Chapter 10 of this Title.
D.(1) The provisions of this Section shall not 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 false attestation to present prima facie proof to the public entity supporting their claim.
(2) If evidence is submitted substantiating that a false attestation has been made and the project must be readvertised or the contract cancelled, the awarded entity making the false attestation shall be responsible to the public entity for the costs of rebidding, additional costs due to increased costs of bids and any and all delay costs due to the rebid or cancellation of the contract.
(3) The requirements of this Section and any attestations made shall apply to convictions and pleas entered prior to the awarding of contracts.
Acts 2010, No. 945, §1, eff. July 2, 2010; Acts 2012, No. 598, §1.