Amendment vs bill House Floor Amendment, #3202, Turner, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
HFAHB755 4448 3202 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed by Representative Turner to Engrossed House Bill No.
755 BY REPRESENTATIVE TURNER AN ACT To amend and reenact R.S.
755 by Representative Turner AMENDMENT NO.
38:2316 and to enact R.S.
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38:2310(11), relative to indefinite deliveryandindefinitequantityprofessionaldesignservicescontracts;toprovidefor definitions;
to provide for selection procedures and advertising;
to require submission of professional qualifications;
to establish contract limits, terms, and amendments for certain projects;
to require agency compliance for issuing task orders;
to clarify the applicability of existing law to all other professional design servicescontracts;toprovideforaneffectivedate;andtoprovideforrelatedmatters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
38:2316 is hereby amended and reenacted and R.S.
38:2310(11) is hereby enacted to read as follows:
§2310.
Definitions AsusedinthisPart,thefollowingwordsandphrasesshallhavethemeanings hereinafter set forth unless the context clearly requires otherwise:
* * * (11) "Indefinitedeliveryandindefinitequantityprofessionaldesignservices contract" means a master contract for professional design services where an agency can issue multiple, separate task orders to the designer for different design efforts.
* * * §2316.
Applicability;indefinitedeliveryandindefinitequantityprofessionaldesign services contracts A.
Except as provided in R.S.
38:2311(C), the provisions of this Part shall notapplytoprofessionaldesignservicecontractsinwhichtheestimatedconstruction project budget cost is one million dollars or less.
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HB NO.
755 ENROLLED B.(1) Except as provided in R.S.
38:2311(C), the selection of professional design services contracts allowing for indefinite delivery and indefinite quantity design services shall be governed by the provisions of this Section.
(2)(a) Eachagencyintendingtocontractforindefinitedeliveryandindefinite quantity professional design services shall notify the division of administration of such intention and shall provide the division of administration with all necessary informationconcerningthescopeofservicessought.
Thedivisionofadministration shall then evaluate the proposed indefinite delivery and indefinite quantity professional design services sought for purposes of determining the professional services to be required in order to refer the agencyrequest to the proper board.
The division of administration shall then advise the chairmen of the boards as to which selection board the proposed agency request has been referred.
(b) If the chairmanof anyof the three professional selection boards referred to in this Subparagraph objects to a referral made bythe division of administration, that objection shall be submitted to the division of administration, and the division of administration shall submit the information concerning the proposed agency request to a committee composed of the following:
(i) The chairman of the Louisiana Architects Selection Board.
(ii) The chairman of the Louisiana Engineers Selection Board.
(iii) The chairman of the Louisiana Landscape Architects Selection Board.
(iv) Thehead,orrepresentativenamedbythehead,oftheuseragencywhose request is under consideration, and the commissioner of the division of administration or his designee.
(c) The members of the committee, bymajority vote, shall designate which selection board shall have the authority and responsibility for selecting the design professionals and shall notify the division of administration of its decision.
The division of administration shall notify the board which has been designated the responsibility of selecting the design professionals.
(d) The designated board shall then advertise one time in the official state journal the following information:
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HB NO.
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755 ENROLLED (i) The professional services required.
(ii) The name, location, and user agencyfor which the professional services is required.
(iii) Time and instructions for applicants to submit applications for employment to the appropriate board.
(iv) General description of the design services sought, and the availability of details upon request.
(v) The contract term limit set forth in Paragraph (4) of this Subsection.
(vi) The maximum fee and method for calculating total design contract value, which shall be determined bythe division of administration.
(vii) The number of design professionals to be selected.
(e) Any person who desires to be considered for an indefinite delivery and indefinite quantity professional design services contract may submit data to the appropriateselectionboardconcerninghisexperience,previousprojectsundertaken, present state projects now being performed by him or his firm for an agency, scope and amount of work on hand, the names of key personnel who may be assigned to work under the contract, and any other information that may be appropriate.
The boards may develop standard forms to be used for submitting such data.
(3) An indefinite delivery and indefinite quantity professional design services contract under this Section shall not include design services for new buildings.
Singletaskorderforrenovationsshallnotexceedthirteenmilliondollars.
(4) An indefinite delivery and indefinite quantity professional design servicescontractissued under this Sectionshall have a term not to exceedtwo years and shall have a maximum total fee of one million dollars.
(5) Amendments to individual task orders issued within the two-year term oftheindefinitedeliveryandindefinitequantityprofessionaldesignservicescontract maybeexecuted,includingaftertheexpirationofthecontractandsuchamendments may increase the total design contract value, but not the fee, above one million dollars, provided such amendments shall be related to services necessary for the completion of ongoing projects.
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HB NO.
755 ENROLLED (6) Each agency issuing indefinite delivery and indefinite quantity professional design services contracts under this Section shall maintain a minimum of two suchcontractsin effectat all times.
Wherean agencyhas onlyone indefinite delivery and indefinite quantity professional design services contract in effect, the agencyshallproceedundertheprovisionsofR.S.38:2316(B)(2)atthenextavailable selection board.
In the event an agency does not comply with the requirements of this Subsection, no further task orders may be issued on the one indefinite delivery and indefinite quantity professional design services contract in effect.
C.
The provisions of this Section shall not be construed to invalidate or otherwise impact the validity of any other professional design service contract regulated by this Title, including design-build or construction manager at risk contracts.
Section 2.
This Act shall become effective upon 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 governorand subsequentlyapprovedbythe 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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