Amendment vs bill House Floor Amendment, #2139, Fontenot, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
HFAHB856 4877 2139 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed by Representative Fontenot to Engrossed House Bill No.
856 BY REPRESENTATIVES FONTENOT AND THOMPSON AN ACT To amend and reenact R.S.
856 by Representative Fontenot AMENDMENT NO.
44:4.1(B)(34) and to enact R.S.
1 On page 1, line 16, after "contrary" and before "or" delete "the" AMENDMENT NO.
48:250.5, relative to Indefinite Delivery, Indefinite Quantityconstruction contracts;
2 On page 1, line 17, after "department" and before "the office" insert "and" AMENDMENT NO.
to authorize the Departmentof Transportation and Development and the office of Louisiana highwayconstruction, respectively, to use Indefinite Delivery, Indefinite Quantity (ID/IQ) contracting for certainprojects;to provideforsolicitation ofsingleormultiple competitivelow-bid and best value ID/IQ construction phase contracts including multiple work orders and multiple awards;
3 On page 2, line 11, after "by" and before "orders" change "task" to "work" AMENDMENT NO.
to provide for definitions;
4 On page 2, line 22, after ""Work order"" and before "means" delete "or "task order"" AMENDMENT NO.
to provide for procedures and requirements for procurement and contracting;
5 On page 2, line 25, after "in the" and before "order" change "task" to "work" AMENDMENT NO.
to provide for confidentiality of the evaluation process;
6 On page 3, line 16, after "pursuant to" and before "the department" change "R.S.
to provide contract term limits;
48:225," to "R.S.
to provide for rulemaking;
48:255," AMENDMENT NO.
to provide for an effective date;
7 On page 4, line 8, after "department" and before "may" insert "and the OLHC" AMENDMENT NO.
and to provide for related matters.
8 On page 5, line 23, after "OLHC." insert "This Subsection shall also applyto low bid ID/IQ contracts pursuant to R.S.
Be it enacted by the Legislature of Louisiana:
48:255." Page 1 of 1 CODING:
Section 1.
R.S.
44:4.1(B)(34) is hereby amended and reenacted to read as follows:
§4.1.
Exceptions * * * B.
Thelegislaturefurtherrecognizesthatthereexistexceptions,exemptions, and limitations to the laws pertaining to public records throughout the revised statutesandcodesofthisstate.Therefore,thefollowingexceptions,exemptions,and limitations are hereby continued in effect by incorporation into this Chapter by citation:
* * * (34) R.S.
48:255.1 R.S.
48:250.5, 255.1 * * * Page 1 of 8 CODING:
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HB NO.
856 ENROLLED Section 2.
R.S.
48:250.5 is hereby enacted to read as follows:
§250.5.
Indefinite Delivery, Indefinite Quantity construction contracts A.
The legislature declares it to be in the public interest to increase efficiency and improve operational readiness in the construction and maintenance of state highways and bridges.
Notwithstanding any other provision of law to the contrary, the requirements of this Part, if the secretary or the executive director of the office of Louisiana highway construction determines it is in the best interest of the public, the department or office of Louisiana highway construction may respectivelyprocure and award indefinite delivery, indefinite quantity construction contracts pursuant to the requirements of this Section for the maintenance, preservation, reconstruction, rehabilitation, repair, and construction projects let by the department and the office of Louisiana highway construction, respectively, and related incidental work.
B.
As used in this Section, the following terms shall have the following meanings:
(1) "Best value" means a selection process in which proposals contain price and qualitative components and award of one or multiple of the Indefinite Delivery, Indefinite Quantity contract is based upon a combination of price and qualitative considerations as provided in the solicitation documents.
(2) "Indefinite Delivery, Indefinite Quantity (ID/IQ)" means a method of contracting that allows for deliveryof an indefinite quantityof services over a fixed duration under which delivery of specific construction and construction-related services is authorized by work orders.
(3) "Indefinite Delivery, Indefinite Quantity (ID/IQ) construction contract" means the principal contract awarded to an ID/IQ contractor pursuant to the requirements of this Section.
(4) "Low bid" means a selection process in which proposals are evaluated based on the proposed price from the lowest responsible bidder.
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HB NO.
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856 ENROLLED (5) "Multiple award" means an ID/IQ procurement where awards of ID/IQ construction contracts for the same scope of services are made to multiple ID/IQ contractors through a single procurement.
(6) "Single award" means an ID/IQ procurement where award of the ID/IQ construction contract is made to a single ID/IQ contractor.
(7) "Work order" means a contract document issued for a definite scope of work pursuant to an ID/IQ construction contract.
A work order shall provide the location, time, and scope of work required and authorizes the ID/IQ contractor to deliver the scope of services described in the work order.
It also provides required pay items, quantities, and unit prices, as applicable.
C.
For federal aid projects, the department and the office of Louisiana highway construction, respectively, shall comply with all federal laws and regulations that are conditions to federal participation, including but not limited to provisions of 2 CFR 200 and 23 CFR Part 635, Subpart F, as amended.
In the event of a conflict between applicable required federal laws or regulations and the provisions of Title 48 and any state rules or regulations, the federal laws or regulations shall control on federal aid projects.
D.
Procurements pursuant to this Section may include single award or multiple award ID/IQ construction contracts.
The legislature authorizes the department and the office of Louisiana highway construction to procure ID/IQ contractsusinglowbidandbestvaluemethods,andtoawardsuchcontractsandany resulting work orders using low bid or best value, as specified in the solicitation documents.
All procurement documents issued bythe department and the office of Louisiana highway construction, respectively, including the NOI and RFP, shall indicate whether a single award or multiple awards will be made.
Materials separately acquired by the department or office of Louisiana highway construction may be provided to contractors for use under and as a condition of any ID/IQ contract.
E.
Procurement and award of ID/IQ construction contacts shall meet the following requirements:
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HB NO.
856 ENROLLED (1) Single award ID/IQ construction contracts procured on a low-bid basis may be advertised and awarded using one of the following methods:
(a) In accordance with R.S.
48:252 and 255 for award to the lowest responsive and responsible bidder.
(b) In accordance with the advertisement and award procedures set forth in this Section.
(2) Multiple-award ID/IQ construction contracts may be procured on a low bid or best value basis, as determined by the department and office of Louisiana highway construction, respectively.
Such procurements shall be conducted in accordancewithapplicableLouisianapublicbidandprocurementlawsincludingthe requirements for advertisements and the procedures set forth in this Section.
(3)(a) The procurement of any multiple-award ID/IQ construction contract or a single award ID/IQ construction contract not advertised and awarded pursuant to R.S.
48:252 and 255, shall commence with the department and the office of Louisiana highway construction, respectively, issuing a "notice of intent" (NOI) through advertisement on their designated webpages to request letters of interest (LOI).TheNOIshallbeadvertisedforatleasttenbusinessdayspriortothedeadline for submission of LOI and shall include a description of the ID/IQ services to be procured.ThedepartmentandtheofficeofLouisianahighwayconstructionmayalso readvertise the NOI using additional media or publications and may readvertise as necessary if the number of responses received is deemed insufficient to ensure adequate competition.
(b) After the deadline for submission of LOI for a single-award or multiple-award ID/IQ construction contract,the department and office of Louisiana highwayconstruction shall issue a Request for Proposals ("RFP") to all contractors that submitted an LOI.
The RFP shall include instructions for proposal preparation andsubmission,adescriptionoftheevaluationmethodology,andshallcomplywith the requirements of this Section.
(c) Bid bonds in accordance with R.S.
48:253 shall be specified in the department and the office of Louisiana highway construction's standard Page 4 of 8 CODING:
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HB NO.
856 ENROLLED specifications or special provisions.
The department and the office of Louisiana highway construction may waive the requirement for bid bonds for procurements under this Section.
(4)(a) The assistant secretary for project delivery, with the concurrence of the secretary or designee, and the executive director of the office of Louisiana highway construction , respectively, shall establish an evaluation committee for evaluation of proposals received in response to the RFP.
The evaluation committee may, in its discretion, be assisted by other departments and office of Louisiana highway construction personnel and external advisors in the evaluation the proposals.
(b) The evaluation committee shall evaluate the proposals and make a recommendation of award to the secretary and executive director.
The secretary, executive director, or their designees, shall make the final determination of award.
(5) Prior to issuing a work order under a multiple-award ID/IQ construction contract, the department and the office of Louisiana highway construction, respectively,shallsolicitcompetitiveresponsesfromthecontractorsawardedID/IQ contracts under the solicitation in accordancewith procedures set forth in the ID/IQ construction contract.
The procurement documents or contract shall state the procedures and selection criteria for issuance of work orders.
Work orders shall be awarded on a competitive low bid basis, or, where permitted byapplicable law and approved for use with federal funds, on a best value basis in which price is a significant evaluation factor.
(6) Proposals received by the department and the office of Louisiana highway construction and the evaluation committee's records, including the evaluation committee's findings, grading, score sheets, and recommendations, shall not be public records until the ID/IQ construction contract has been fully executed ortheprocurementhasbeencancelled.Followingcontractexecutionorcancellation, such records shall be subject to disclosure in accordance with applicable public records laws.
Proprietary, confidential, trade secret, or otherwise protected information will remain exempt to the extent permitted bylaw.
The meetings of the Page 5 of 8 CODING:
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HB NO.
856 ENROLLED evaluationcommitteewillnotbesubjecttotheOpenMeetingsLawinTitle44ofthe Louisiana Revised Statutes.
F.
The department and the office of Louisiana highway construction may include the following items in their procurement documents or contracts:
(1) Themethodfordeterminingpriceescalationorde-escalationprocedures when warranted byparticular circumstances.
(2) Special provisions specific to ID/IQ construction contracts.
(3) Unit pricing or lists of work items specific to the ID/IQ construction contract.
(4) A minimum quantity or dollar value if the department and the office of Louisiana highway construction opts to set a minimum.
(5) A statement of procedures and selection criteria the department and office of Louisiana highway construction shall use in issuing work orders.
(6) Any other information, terms, or requirements the department and the officeofLouisianahighwayconstruction deem necessaryto includein procurement documents or contracts.
G.
The term of the initial ID/IQ construction contract and any optional contract extensions shall not exceed five years.
The duration of the initial term and the terms of individual contract extensions shall be determined by the department and the office of Louisiana highway construction, respectiveThe ID/IQ construction contract shall serve as the underlying agreement that establishes the generaltermsandconditionsgoverningtherelationshipbetweenthedepartmentand the office of Louisiana highway construction, respectively, and the selected bidder.
Execution of the ID/IQ construction contract shall not authorize work or serve as a notice to proceed.
H.
Payment bonds under R.S.
48:256.3, performance bonds under R.S.
48:255(D), retainage bonds under R.S.
48:256.1, the minimum required warranty period under R.S.
48:251, and the general requirements of Part XIII of Chapter 1 of this Title shall applyto the value and completion of work under an individual work order rather than the value and completion of all work under the ID/IQ construction Page 6 of 8 CODING:
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HB NO.
856 ENROLLED contract unless otherwise specified in the ID/IQ construction contract or the individualworkorder,orotherwiseprovidedinaspecialprovisionofthedepartment and the office of Louisiana highway construction, respectively.
The issuance of payment,performance,andretainagebondsshallberequiredatthetimeofexecution of an individual work order unless otherwise specified by the ID/IQ construction contract, the individual work order, or a special provision developed by the department and the office of Louisiana highway construction, respectively.
Stipulated damages apply to individual work orders and shall be calculated by the required completion date of an individual work order.
Required insurance policies and the extent and type of coverage required shall be as determined by the department and the office of Louisiana highway construction, respectively.
This Subsection shall also apply to low bid ID/IQ contracts as advertised and awarded pursuant to R.S.
48:252 and R.S.
48:255.
I.
This Section shall not apply to engineering and design service contracts or other consulting contracts of the department and the office of Louisiana highway construction, respectively, authorized by this Part or federal aid projects governed by 23 CFR Part 172, except that these services may be included in ID/IQ construction contracts to the extent that they support the construction of projects.
J.
Except as otherwise provided in this Section, the provisions of this Part shall apply to ID/IQ construction contracting.
In the event of a conflict, the provisions ofthisSectionshallprevailandshallsupersedeanyconflictingprovision of state law.
K.
The department and the office of Louisiana highway construction, respectively, may establish guidelines, standard specifications, special provisions, handbooks, or other required documents for elements of ID/IQ construction phase contracting not explicitly provided for in this Section or otherwise subject to the Administrative Procedure Act.
L.
The department and the office of Louisiana highway construction, respectively, may promulgate rules and regulations to implement and enforce the Page 7 of 8 CODING:
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HB NO.
856 ENROLLED provisions of this Section in accordance with the provisions of the Administrative Procedure Act.
Section 2.
This Act shall become effectiveupon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governor and subsequentlyapproved bythe legislature, this act shall become effective on the dayfollowing such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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