Amendment vs bill Senate Committee Amendment, #3266, THPW, Draft vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
SCAHB856 4379 3266 SENATE COMMITTEE AMENDMENTS Regular Session Amendments proposed by Senate Committee on Transportation, Highways and Public Works to Reengrossed 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 2, after "To" insert "amend and reenact R.S.
48:250.5, relative to Indefinite Delivery, Indefinite Quantityconstruction contracts;
44:4.1(B)(34) and to" 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;
2 On page 1, line 3, before "contract" delete "Phase" AMENDMENT NO.
to provide for definitions;
3 On page 1, line 4, change "Highway Construction" insert "highway construction, respectively," AMENDMENT NO.
to provide for procedures and requirements for procurement and contracting;
4 On page 1, line 5, after "to provide for" insert "solicitation of" AMENDMENT NO.
to provide for confidentiality of the evaluation process;
5 On page 1, line 8, before "contracting" insert "procurement and" AMENDMENT NO.
to provide contract term limits;
6 On page 1, line 8, delete "to provide for severability" and insert "to provide for confidentiality of the evaluation process;
to provide for rulemaking;
to provide contract term limits" AMENDMENT NO.
to provide for an effective date;
7 On page 1, between lines 10 and 11 insert the following:
and to provide for related matters.
"Section 1.
Be it enacted by the Legislature of Louisiana:
Section 1.
§4.1.
§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:
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:
48:250.5, 255.1 * * * Page 1 of 8 CODING:
48:250.5, 255.1 * * *" AMENDMENT NO.
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8 On page 1, line 11, change "Section 1." to "Section 2." AMENDMENT NO.
HB NO.
9 On page 1, delete lines 17 and 18, and insert "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 respectively procure and award indefinite" Page 1 of 5 SCAHB856 4379 3266 AMENDMENT NO.
856 ENROLLED Section 2.
10 On page 2, line 1, delete "phase" AMENDMENT NO.
R.S.
11 On page 2, line 2, after "reconstruction," insert "rehabilitation," AMENDMENT NO.
48:250.5 is hereby enacted to read as follows:
12 On page 2, line 8, after "award of" insert "one or multiple of" AMENDMENT NO.
§250.5.
13 On page 2, line 9, after "contract" and insert "is" AMENDMENT NO.
Indefinite Delivery, Indefinite Quantity construction contracts A.
14 On page 2, line 13, after "specific" insert "construction and construction-related" AMENDMENT NO.
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.
15 On page 2, line 14, after "construction" delete "phase" AMENDMENT NO.
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.
16 On page 2, line 15, before "contract" insert "principal" AMENDMENT NO.
B.
17 On page 2, line 20, after "construction" delete "phase" AMENDMENT NO.
As used in this Section, the following terms shall have the following meanings:
18 On page 2, line 23, after "construction" delete "phase" AMENDMENT NO.
(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.
19 On page 2, line 25, after "construction" delete "phase" AMENDMENT NO.
(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.
20 On page 3, line 2, before "regulations" insert "laws and" AMENDMENT NO.
(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.
21 On page 3, line 2, change "assistance" to "participation" AMENDMENT NO.
(4) "Low bid" means a selection process in which proposals are evaluated based on the proposed price from the lowest responsible bidder.
22 On page 3, line 3, after "provisions of" insert "2 CFR 200 and" AMENDMENT NO.
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23 On page 3, line 4, after "federal" insert "laws or" AMENDMENT NO.
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24 On page 3, line 5, change "the federal regulations shall control." to "the federal laws or regulations shall control on federal aid projects." Page 2 of 5 SCAHB856 4379 3266 AMENDMENT NO.
HB NO.
25 On page 3, delete lines 6 through 30, delete page 4 and on page 5, delete lines 1 through 3, and insert the following:
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.
"D.
(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.
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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.
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.
All procurement documents issued by the 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.
Procurement and award of ID/IQ construction contacts shall meet the following requirements:
Procurement and award of ID/IQ construction contacts shall meet the following requirements (1) Single award ID/IQ construction contracts procured on a low-bid basis may be advertised and awarded using one of the following methods:
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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:
48:252 and 255 for award to the lowest responsive and responsible bidder.
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.
or (b) In accordance with the advertisement and award 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.
(3)(a)Theprocurementofanymultiple-awardID/IQconstructioncontractor 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.
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-awardID/IQ construction contract,the department and office of Louisiana highwayconstruction shall issue a Request for Proposals ("RFP") to all contractors that submitted an LOI.
(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.
The RFP shall include instructions for proposal preparation andsubmission,adescriptionoftheevaluationmethodology,andshallcomplywith the requirements of this Section.
48:253 shall be specified in the department and the office of Louisiana highway construction's standard Page 4 of 8 CODING:
48:253 shall be specified in the department and the office of Louisiana highway construction's standard specifications or special provisions.
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HB NO.
856 ENROLLED specifications or special provisions.
(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.
(4)(a)Theassistantsecretaryforprojectdelivery,withtheconcurrenceofthe secretaryor designee, and the executive director of the office of Louisiana highway construction,respectively,shallestablishanevaluationcommitteeforevaluationof proposals received in response to the RFP.
(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.
(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,shallsolicit competitiveresponsesfromthecontractorsawardedID/IQ contracts under the solicitation in accordance with procedures set forth in the ID/IQ Page 3 of 5 SCAHB856 4379 3266 construction contract.
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.
Work orders shall be awarded on a competitive low bid basis, or, where permitted by applicable 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.
(6)ProposalsreceivedbythedepartmentandtheofficeofLouisianahighway 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 or the procurementhasbeencancelled.Followingcontractexecutionor cancellation,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.
Proprietary,confidential,tradesecret,orotherwiseprotectedinformationwill remain exempt to the extent permitted by law.
The meetings of the Page 5 of 8 CODING:
The meetings of the evaluation committeewill not besubjectto theOpenMeetingsLawinTitle44oftheLouisiana Revised Statutes.
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HB NO.
856 ENROLLED evaluationcommitteewillnotbesubjecttotheOpenMeetingsLawinTitle44ofthe Louisiana Revised Statutes.
(1) Themethodfordeterminingpriceescalationorde-escalationprocedures when warranted byparticular circumstances.
(1) The method for determiningprice escalation orde-escalationprocedures when warranted byparticular circumstances.
(5) A statement of procedures and selection criteria the department and office of Louisiana highway construction shall use in issuing work orders.
(5)Astatementofproceduresandselectioncriteriathedepartmentandoffice 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.
(6) Any other information, terms, or requirements the department and the officeof Louisiana highwayconstruction deem necessaryto includein procurement documents or contracts." AMENDMENT NO.
G.
26 On page 5, line 4, after "construction" delete "phase" AMENDMENT NO.
The term of the initial ID/IQ construction contract and any optional contract extensions shall not exceed five years.
27 On page 5, line 7, delete "OLHC" insert "office of Louisiana highway construction, respectively" AMENDMENT NO.
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.
28 On page 5, line 7, after "construction" delete "phase" AMENDMENT NO.
Execution of the ID/IQ construction contract shall not authorize work or serve as a notice to proceed.
29 On page 5, line 10, after "construction" delete "phase" AMENDMENT NO.
H.
30 On page 5, at the beginning of line 17, delete "phase" AMENDMENT NO.
Payment bonds under R.S.
31 On page 5, line 17, after ""construction" delete "phase" AMENDMENT NO.
48:256.3, performance bonds under R.S.
32 On page 5, line 19, delete "requirement of" AMENDMENT NO.
48:255(D), retainage bonds under R.S.
33 On page 5, line 20, after "shall be" insert "required" Page 4 of 5 SCAHB856 4379 3266 AMENDMENT NO.
48:256.1, the minimum required warranty period under R.S.
34 On page 5, line 21, after "construction" delete "phase" AMENDMENT NO.
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:
35 On page 5, line 22, delete "OLHC" and insert "office of Louisiana highway construction, respectively" AMENDMENT NO.
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36 On page 5, line 24, delete "Insurance" and insert "Required insurance" AMENDMENT NO.
HB NO.
37 On page 5, delete line 26 and insert the following:
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 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.
48:252 and R.S.
48:252 and" AMENDMENT NO.
48:255.
38 On page 6, line 1, after "except that" delete "design" and insert "these" AMENDMENT NO.
I.
39 Onpage6,deleteline2,andinsert"beincludedinID/IQconstructioncontractstotheextent that they support the construction" AMENDMENT NO.
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.
40 On page 6, line 5, after "construction" delete "phase" AMENDMENT NO.
J.
41 On page 6, line 8, delete "OLHC" and insert "office of Louisiana highway construction, respectively" AMENDMENT NO.
Except as otherwise provided in this Section, the provisions of this Part shall apply to ID/IQ construction contracting.
42 On page 6, line 12, delete "OLHC" and insert "office of Louisiana highway construction, respectively" Page 5 of 5
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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