Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDSCAHB856 4379 3266 SENATE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by Senate Committee on Transportation, Highways and Public Works to Reengrossed House Bill No.
856 BYby REPRESENTATIVESRepresentative FONTENOTFontenot ANDAMENDMENT THOMPSONNO. AN ACT To amend and reenact R.S.
44:4.1(B)(34)1 andOn topage enact1, line 2, after "To" insert "amend and reenact R.S.
48:250.5,44:4.1(B)(34) relativeand toto" IndefiniteAMENDMENT Delivery,NO. Indefinite Quantityconstruction contracts;
to2 authorizeOn thepage Departmentof1, Transportationline and3, Developmentbefore and"contract" thedelete office"Phase" ofAMENDMENT LouisianaNO. 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;
to3 provideOn forpage definitions;1, line 4, change "Highway Construction" insert "highway construction, respectively," AMENDMENT NO.
to4 provideOn forpage procedures1, andline requirements5, forafter procurement"to andprovide contracting;for" insert "solicitation of" AMENDMENT NO.
to5 provideOn forpage confidentiality1, ofline the8, evaluationbefore process;"contracting" insert "procurement and" AMENDMENT NO.
to6 On page 1, line 8, delete "to provide contractfor termseverability" limits;and insert "to provide for confidentiality of the evaluation process;
to provide forcontract rulemaking;term limits" AMENDMENT NO.
to7 provideOn forpage an1, effectivebetween date;lines 10 and 11 insert the following:
and"Section to1. provide for related matters.
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 * * **" PageAMENDMENT 1NO. of 8 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored8 areOn additions.page 1, line 11, change "Section 1." to "Section 2." AMENDMENT NO.
HB9 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.
85610 ENROLLEDOn Sectionpage 2.2, line 1, delete "phase" AMENDMENT NO.
R.S.11 On page 2, line 2, after "reconstruction," insert "rehabilitation," AMENDMENT NO.
48:250.512 isOn herebypage enacted2, toline read8, asafter follows:"award of" insert "one or multiple of" AMENDMENT NO.
§250.5.13 On page 2, line 9, after "contract" and insert "is" AMENDMENT NO.
Indefinite14 Delivery,On Indefinitepage Quantity2, constructionline contracts13, A.after "specific" insert "construction and construction-related" AMENDMENT NO.
The15 legislatureOn declarespage it2, toline be14, inafter the"construction" publicdelete interest"phase" toAMENDMENT increaseNO. efficiency and improve operational readiness in the construction and maintenance of state highways and bridges.
Notwithstanding16 anyOn otherpage provision2, ofline law15, tobefore the"contract" contrary,insert the"principal" requirementsAMENDMENT ofNO. 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.17 On page 2, line 20, after "construction" delete "phase" AMENDMENT NO.
As18 usedOn inpage this2, Section,line the23, followingafter terms"construction" shalldelete have"phase" theAMENDMENT followingNO. meanings:
(1)19 "BestOn value"page means2, aline selection25, processafter in"construction" whichdelete proposals"phase" containAMENDMENT priceNO. 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)20 "IndefiniteOn Delivery,page Indefinite3, Quantityline (ID/IQ)"2, meansbefore a"regulations" methodinsert of"laws contractingand" thatAMENDMENT allowsNO. 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)21 "IndefiniteOn Delivery,page Indefinite3, Quantityline (ID/IQ)2, constructionchange contract""assistance" means the principal contract awarded to an"participation" ID/IQAMENDMENT contractorNO. pursuant to the requirements of this Section.
(4)22 "LowOn bid"page means3, aline selection3, processafter in"provisions whichof" proposalsinsert are"2 evaluatedCFR based200 onand" theAMENDMENT proposedNO. price from the lowest responsible bidder.
Page23 2On ofpage 83, CODING:line 4, after "federal" insert "laws or" AMENDMENT NO.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored24 areOn additions.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.
HB25 NO.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"D. 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.
All procurement documents issued bytheby 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: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.bidder;
or (b) In accordance with the advertisement and award procedures set forth in this Section.
(3)(a)(3)(a)Theprocurementofanymultiple-awardID/IQconstructioncontractor 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.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)The AfterRFP theshall deadlineinclude forinstructions submission of LOI for aproposal single-awardpreparation orandsubmission, multiple-awardadescriptionoftheevaluationmethodology,andshallcomplywith ID/IQthe constructionrequirements contract,the department and office of Louisianathis highwayconstructionSection. 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.
48:253 shall be specified in the department and the office of Louisiana highway construction's standard Pagespecifications 4or ofspecial 8provisions. CODING:
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HB NO.
856 ENROLLED specifications or special provisions.
(4)(a)(4)(a)Theassistantsecretaryforprojectdelivery,withtheconcurrenceofthe Thesecretaryor assistant secretary for project delivery, with the concurrence of the secretary or designee, and the executive director of the office of Louisiana highway constructionconstruction,respectively,shallestablishanevaluationcommitteeforevaluationof , respectively, shall establish an evaluation committee for evaluation of 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/IQrespectively,shallsolicit competitiveresponsesfromthecontractorsawardedID/IQ contracts under the solicitation in accordancewithaccordance 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 byapplicableby applicable law and approved for use with federal funds, on a best value basis in which price is a significant evaluation factor.
(6)(6)ProposalsreceivedbythedepartmentandtheofficeofLouisianahighway 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,or suchthe procurementhasbeencancelled.Followingcontractexecutionor cancellation,such records shall be subject to disclosure in accordance with applicable public records laws.
Proprietary,Proprietary,confidential,tradesecret,orotherwiseprotectedinformationwill confidential, trade secret, or otherwise protected information will remain exempt to the extent permitted bylaw.by law.
The meetings of the Pageevaluation 5committeewill ofnot 8besubjectto CODING:theOpenMeetingsLawinTitle44oftheLouisiana Revised Statutes.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
856 ENROLLED evaluationcommitteewillnotbesubjecttotheOpenMeetingsLawinTitle44ofthe Louisiana Revised Statutes.
(1) Themethodfordeterminingpriceescalationorde-escalationproceduresThe method for determiningprice escalation orde-escalationprocedures when warranted byparticular circumstances.
(5)(5)Astatementofproceduresandselectioncriteriathedepartmentandoffice 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 officeofLouisianahighwayconstructionofficeof Louisiana highwayconstruction deem necessaryto includein procurement documents or contracts.contracts." AMENDMENT NO.
G.26 On page 5, line 4, after "construction" delete "phase" AMENDMENT NO.
The27 termOn ofpage the5, initialline ID/IQ7, constructiondelete contract"OLHC" andinsert any"office optionalof contractLouisiana extensionshighway shallconstruction, notrespectively" exceedAMENDMENT fiveNO. years.
The28 durationOn ofpage the5, initialline term7, andafter the"construction" termsdelete of"phase" individualAMENDMENT contractNO. 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.
Execution29 ofOn thepage ID/IQ5, constructionline contract10, shallafter not"construction" authorizedelete work"phase" orAMENDMENT serveNO. as a notice to proceed.
H.30 On page 5, at the beginning of line 17, delete "phase" AMENDMENT NO.
Payment31 bondsOn underpage R.S.5, line 17, after ""construction" delete "phase" AMENDMENT NO.
48:256.3,32 performanceOn bondspage under5, R.S.line 19, delete "requirement of" AMENDMENT NO.
48:255(D),33 retainageOn bondspage under5, R.S.line 20, after "shall be" insert "required" Page 4 of 5 SCAHB856 4379 3266 AMENDMENT NO.
48:256.1,34 theOn minimumpage required5, warrantyline period21, underafter R.S."construction" delete "phase" AMENDMENT NO.
48:251,35 andOn thepage general5, requirementsline of22, Partdelete XIII"OLHC" of Chapter 1 of this Title shall applyto the value and completioninsert of"office work under an individual work order rather than the value and completion of allLouisiana workhighway underconstruction, therespectively" ID/IQAMENDMENT constructionNO. Page 6 of 8 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored36 areOn additions.page 5, line 24, delete "Insurance" and insert "Required insurance" AMENDMENT NO.
HB37 NO.On page 5, delete line 26 and insert the following:
856"the 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.
48:252 andand" R.S.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.
This40 SectionOn shallpage not6, applyline to5, engineeringafter and"construction" designdelete service"phase" contractsAMENDMENT orNO. 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.41 On page 6, line 8, delete "OLHC" and insert "office of Louisiana highway construction, respectively" AMENDMENT NO.
Except42 asOn otherwisepage provided6, inline this12, Section,delete the"OLHC" provisionsand insert "office of thisLouisiana Parthighway shallconstruction, applyrespectively" toPage ID/IQ5 constructionof contracting.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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