RS 38:2318.1

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RS 38:2318.1

PART VII-A. LOUISIANA "NO BIDDING OF

ARCHITECTURAL AND ENGINEERING

PROFESSIONAL SERVICES" POLICY

§2318.1. Louisiana "No Bidding of Architectural and Engineering Professional Services" policy

A. It is the policy of the state of Louisiana and its political subdivisions and agencies to select architectural and engineering professional services on the basis of competence and qualifications for a fair and reasonable price. For projects using state or local funding, neither the state nor any of its political subdivisions, agencies, or persons they contract through may select architects, engineers, landscape architects, and land surveyors where price or price-related information is a factor in the selection.

B. A political subdivision, agency, or persons they contract through shall negotiate a contract for professional services at a compensation rate that the agency head determines is fair and reasonable with the firm selected. If the political subdivision, agency, or persons they contract through is unable to negotiate a satisfactory contract with that firm, the political subdivision, agency, or persons they contract through shall formally terminate negotiations and then undertake negotiations with the next selected firm, continuing the process until a contract is negotiated satisfactorily.

C. However, the provisions of this Section shall have no effect on and shall not supersede any contract permitted pursuant to the provisions of Chapter 1 of Title 48 of the Louisiana Revised Statutes of 1950 relating to the authority for the Department of Transportation and Development to enter into design-build contracts or public-private partnership contracts, and the authority of the Louisiana Transportation Authority to enter into public-private partnership contracts, R.S. 38:85, 2225.2.1, or 2225.2.2 relating to the authority for certain political subdivisions to enter into design-build contracts, or R.S. 34:3523, relating to any port project that a notice of intent is advertised for in accordance with R.S. 34:3523, prior to December 31, 2020.

D. It is the policy of the state of Louisiana that all records, as defined in R.S. 44:1(A)(2)(a), involved or dealing with the selection of architectural and engineering professional services shall be open to the public in accord with the intent of Article XII, Section 3 of the Constitution of Louisiana and R.S. 44:31.

Acts 2006, No. 407, §1, eff. July 1, 2006; Acts 2007, No. 373, §1, eff. July 10, 2007; Acts 2008, No. 391, §1; Acts 2012, No. 755, §2, eff. June 12, 2012; Acts 2016, No. 519, §1, eff. June 13, 2016; Acts 2021, No. 200, §1; Acts 2024, No. 788, §1; Acts 2025, No. 180, §1.