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HLS 26RS-2734 RE-REENGROSSED
2026 Regular Session
HOUSE BILL NO. 1193
BY REPRESENTATIVES SAWYER AND BOURRIAQUE
CONTRACTS/BIDS: Provides for Indefinite Delivery, Indefinite Quantity construction
phase contracts
1 AN ACT
2 To amend and reenact R.S. 44:4.1(B)(35) and to enact R.S. 39:1572(A)(3) and R.S.
3 49:214.6.11, relative to Indefinite Delivery, Indefinite Quantity construction phase
4 contracts; to authorize the Coastal Protection and Restoration Authority to use
5 Indefinite Delivery, Indefinite Quantity (ID/IQ) contracting for certain projects; to
6 provide for single or multiple competitive low-bid, best value, and qualifications
7 based ID/IQ construction phase contracts; to provide for definitions; to provide for
8 procedures and requirements for contracting; to provide for confidentiality of the
9 evaluation process; to provide for contract term limits; to provide for rulemaking; to
10 provide for an effective date; to provide for exemptions; and to provide for related
11 matters.
12 Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 39:1572(A)(3) is hereby enacted to read as follows:
14 §1572. Exemptions
15 * * *
16 A. Exemption from central purchasing agency and procurement regulations
17 of commissioner. Procurement of the following items or by the following
18 governmental bodies shall not be required to be conducted through the central
19 purchasing agency and shall not be required to follow the procurement regulations
20 of the commissioner or the office of state procurement, but shall nevertheless be
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1 subject to the requirements of this Chapter and such regulations as may be
2 promulgated by the head of such governmental body:
3 * * *
4 (3) The Coastal Protection and Restoration Authority, for procurement of
5 materials, services, and supplies that will be used for integrated coastal protection,
6 as defined in R.S. 49:214.2.
7 * * *
8 Section 2. R.S. 44:4.1(B)(35) is hereby amended and reenacted to read as follows:
9 §4.1. Exceptions
10 * * *
11 B. The legislature further recognizes that there exist exceptions, exemptions,
12 and limitations to the laws pertaining to public records throughout the revised
13 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
14 limitations are hereby continued in effect by incorporation into this Chapter by
15 citation:
16 * * *
17 (35) R.S. 49:220.25, 49:214.6.11, 220.25, 975.1, 980.1, 997, 1055
18 * * *
19 Section 3. R.S. 49:214.6.11 is hereby enacted to read as follows:
20 §214.6.11. Indefinite Delivery, Indefinite Quantity construction phase contracts
21 A. The legislature declares it to be in the public interest to increase
22 efficiency and improve operational readiness in performing integrated coastal
23 protection. Notwithstanding any other provision of law to the contrary, including but
24 not limited to the provisions of Titles 38 or 49 of the Louisiana Revised Statutes of
25 1950, if the authority determines it is in the best interest of the public, the authority
26 may procure and award Indefinite Delivery, Indefinite Quantity (ID/IQ) construction
27 phase contracts pursuant to the requirements of this Section in relation to integrated
28 coastal protection projects and related incidental work let or to be let by the
29 authority. Indefinite Delivery, Indefinite Quantity contracting is a method of
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1 contracting that allows for delivery of an indefinite quantity of services over a fixed
2 duration.
3 B. As used in this Section, the following terms shall have the following
4 meanings:
5 (1) "Best value" means a selection process in which proposals contain price
6 and qualitative components and award of Indefinite Delivery, Indefinite Quantity
7 contracts based upon a combination of price and qualitative considerations as
8 provided in the solicitation documents and includes any selection process authorized
9 by applicable federal law.
10 (2) "Indefinite Delivery, Indefinite Quantity construction phase contract",
11 or "ID/IQ construction phase contract" means the contract awarded to an ID/IQ
12 contractor pursuant to the requirements of this Section.
13 (3) "Low bid" means a selection process in which proposals are awarded
14 based on the proposed price from the lowest responsive and responsible bidder.
15 (4) "Multiple award" means an ID/IQ procurement where awards of ID/IQ
16 construction phase contracts for the same scope of services are made to multiple
17 ID/IQ contractors through a single procurement.
18 (5) "Single award" means an ID/IQ procurement where award of the ID/IQ
19 construction phase contract is made to a single ID/IQ contractor.
20 (6) "Work order" means a contract document issued for a definite scope of
21 work pursuant to an ID/IQ construction phase contract. A work order provides the
22 location, time, and scope of work required and authorizes the ID/IQ contractor to
23 deliver the scope of services described in the work order. It also provides required
24 pay items, quantities, and unit prices, as applicable.
25 C. Where federal law applies, the authority shall comply with all applicable
26 federal laws or regulations including but not limited to 48 CFR Part 16, Subpart 16.5
27 and 48 CFR Part 216, Subpart 216.5, as amended. In the event of a conflict between
28 applicable required federal laws or regulations and the provisions of Titles 38 or 49
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1 of the Louisiana Revised Statutes of 1950, or any other Louisiana rules or
2 regulations, the federal laws or regulations shall control.
3 D. Procurements pursuant to this Section may include single award or
4 multiple award ID/IQ construction phase contracts. The authority may use low bid,
5 best value, or qualifications-based contracting methods as set forth in Subsection E
6 of this Section. Materials separately acquired by the authority may be provided to
7 contractors for use pursuant to and as a condition of any contract for an integrated
8 coastal protection project.
9 E. Procurement and award ID/IQ construction phase contracts shall meet the
10 following requirements:
11 (1)(a) Single award ID/IQ construction phase contracts awarded on a low
12 bid basis shall follow either the advertisement for low bid contracts set forth in R.S.
13 38:2212 or the requirements for advertisements set forth in this Section. If a
14 single-award, low-bid ID/IQ construction phase contract is advertised pursuant to
15 R.S. 38:2212, an award may also be made pursuant to R.S. 38:2212. If an award is
16 made pursuant to R.S. 38:2212, the authority shall not be required to follow the
17 provisions of this Subsection.
18 (b) Single award ID/IQ construction phase contracts awarded on a best value
19 basis shall follow the requirements for advertisements and the procedures set forth
20 in this Subsection.
21 (2) Multiple award ID/IQ construction phase contracts shall be awarded on
22 a qualifications basis and shall follow the requirements for advertisements and the
23 procedures set forth in this Subsection.
24 (3)(a) Prior to the award of any multiple award ID/IQ construction phase
25 contract or a single award ID/IQ construction phase contract not advertised pursuant
26 to R.S. 38:2212, the authority shall issue a "notice of intent", hereafter referred to in
27 this Section as "NOI", through advertisement on its designated webpage to request
28 letters of interest, hereafter referred to in this Section as "LOI". The NOI shall be
29 advertised a minimum of ten business days prior to the deadline for receipt of
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1 responses. The NOI shall contain a description of the ID/IQ services to be procured.
2 The authority may additionally advertise the NOI via additional media or
3 publications, and may readvertise by any of the foregoing means to solicit additional
4 responses if the authority deems the number of responses received to be inadequate
5 to encourage competition.
6 (b)(i) After expiration of the deadline to submit an LOI for a single award
7 ID/IQ construction phase contract, the authority shall issue "request for proposals",
8 hereafter referred to in this Section as "RFP", to contractors that submit an LOI. The
9 RFP shall include instructions for development and submittal of proposals, a
10 description of how proposals shall be evaluated, and shall comply with the
11 requirements of this Section.
12 (ii) After expiration of the deadline to submit an LOI for multiple award
13 ID/IQ construction phase contract, the authority shall issue a request for
14 qualifications, hereafter referred to in this Section as "RFQ", to contractors that
15 submit an LOI. The RFQ shall include instructions for development and submission
16 of qualifications, a description of how qualifications shall be evaluated, and shall
17 comply with the requirements of this Section.
18 (c) Bid security required by R.S. 38:2218 or by the authority shall be
19 specified in the authority's standard specifications or special provisions. The
20 authority may waive the requirement for bid security for procurement under this
21 Section.
22 (4)(a) The executive director shall establish an evaluation committee for
23 evaluation of proposals for best value single award ID/IQ construction phase
24 contracts and statements of qualification for multiple award ID/IQ construction
25 phase contracts received by the authority. The evaluation committee may be assisted
26 by other authority personnel and external advisors in the evaluation of such proposals
27 and statements of qualification.
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1 (b) The evaluation committee shall evaluate such proposals and statements
2 of qualification on the basis of the criteria identified in the RFP or RFQ which may
3 include general and project-specific criteria, such as:
4 (i) Experience of the contractor and of key personnel related to the project
5 or type of work under consideration.
6 (ii) Past performance on authority projects.
7 (iii) Ability to obtain all bonding and insurance requirements.
8 (iv) Any project-specific criteria that may apply to project needs.
9 (c) The evaluation committee shall make a recommendation of award to the
10 executive director. The authority shall make the final determination of award.
11 (d) The proposals and statements of qualification received by the authority
12 and the evaluation committee's records, including the evaluations committee's
13 findings, grading, score sheets, and recommendations, shall not be available for
14 public inspection until the ID/IQ construction phase contract has been entered into
15 or the procurement has been cancelled. The meetings of the evaluation committee
16 shall not be subject to the Open Meetings Law.
17 (5) Prior to issuing a work order pursuant to a multiple award ID/IQ
18 construction phase contract, the authority shall request, in writing, bids from the
19 contractors awarded the contract. The authority shall issue the work order to the
20 lowest responsive bidder.
21 F. The authority may include the following items in its procurement
22 documents or contracts:
23 (1) Payment of mobilization or demobilization costs and the method for
24 determining mobilization and demobilization reimbursement if the authority opts to
25 award those costs separately from individual work orders.
26 (2) The method for determining price escalation or de-escalation procedures
27 when warranted by particular circumstances.
28 (3) Special provisions specific to the ID/IQ construction phase contract.
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1 (4) Unit pricing or lists of work items specific to the ID/IQ construction
2 phase contract.
3 (5) A minimum dollar value of services that the authority is obligated to
4 order.
5 (6) A statement of procedures and selection criteria the authority shall use
6 in issuing work orders.
7 (7) Any other information, terms, or requirements the authority deems
8 necessary to include in its procurement documents or contracts.
9 G. The term of the initial ID/IQ construction phase contract shall not exceed
10 five years, but the contract may authorize extensions up to an additional five years.
11 The total of the initial term and any optional contract extensions shall not exceed ten
12 years. The duration of the initial term and the terms of individual contract extensions
13 shall be determined by the authority. The ID/IQ construction phase contract shall
14 serve as the underlying agreement that establishes the general terms and conditions
15 governing the relationship between the authority and the selected bidder. Execution
16 of the ID/IQ construction phase contract shall not authorize work or serve as a notice
17 to proceed.
18 H. Performance bonds under R.S. 38:2216 shall apply to the value and
19 completion of work under an individual work order rather than the value and
20 completion of all work under the ID/IQ construction phase contract unless otherwise
21 specified in the ID/IQ construction phase contract or the individual work order, or
22 otherwise provided in a special provision. The requirement of issuance of
23 performance bonds shall be at the time of execution of an individual work order
24 unless otherwise specified by the ID/IQ construction phase contract , the individual
25 work order, or a special provision developed by the authority. Stipulated damages
26 apply to individual work orders and shall be calculated by the required completion
27 date of an individual work order. Insurance policies and the extent and type of
28 coverage required shall be as determined by the authority.
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1 I.(1) This Section shall not apply to architect and engineer service contracts
2 or other consulting contracts of the authority authorized by Chapter 10 of Title 38 of
3 the Louisiana Revised Statutes of 1950, Chapter 17 of Title 39 of the Louisiana
4 Revised Statutes of 1950, or to projects governed by 48 CFR Parts 36 and 236,
5 except that architect and engineer services may be included in these contracts to the
6 extent that they support the construction phase of projects.
7 (2) This Section shall not apply to design-build contracting.
8 J. Except as otherwise provided in this Section, the provisions of Titles 38
9 and 49 of the Louisiana Revised Statutes of 1950 shall apply to ID/IQ construction
10 phase contracts. In the event of a conflict, the provisions of this Section shall prevail
11 and shall supersede any conflicting provision of state law.
12 K. The authority may promulgate rules and regulations to implement and
13 enforce the provisions of this Section in accordance with the provisions of the
14 Administrative Procedure Act.
15 Section 4. This Act shall become effective upon signature by the governor or, if not
16 signed by the governor, upon expiration of the time for bills to become law without signature
17 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
18 vetoed by the governor and subsequently approved by the legislature, this act shall become
19 effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1193 Re-Reengrossed 2026 Regular Session Sawyer
Abstract: Establishes the use of Indefinite Delivery, Indefinite Quantity construction phase
contracts by the Coastal Protection and Restoration Authority. Provides procedures,
definitions, and requirements to govern the contracts while providing flexibility for
project-specific needs.
Proposed law (R.S. 49:214.6.11(A)) declares that improving efficiency in readiness in
performing integrated coastal protection is in the best interest of public. Authorizes the
Coastal Protection and Restoration Authority (CPRA) to award Indefinite Delivery,
Indefinite Quantity (ID/IQ) construction phase contracts in relation to integrated coastal
protection projects and related incidental work let or to be let by the authority.
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Proposed law (R.S. 49:214.6.11(B)) defines "Best value", "ID/IQ construction phase
contract", "Low bid", "Multiple award", "Single award", and "Work order" for purposes of
proposed law.
Proposed law (R.S. 49:214.6.11(C)) requires CPRA to comply with all applicable federal
regulations for projects governed by federal law and provides that federal regulations control
in the event of a conflict with state law or rules.
Proposed law (R.S. 49:214.6.11(D)) authorizes CPRA procurement to include single award
or multiple award ID/IQ construction phase contracts. Further authorizes CPRA to use low
bid, best value, or qualification based contracts. Provides that materials separately acquired
by the authority may be provided to contractors for the use and as a condition of any
contractor for integrated coastal protection projects.
Proposed law (R.S. 49:214.6.11(E)) requires procurement and award of ID/IQ construction
phase contracts meet the following requirements:
(1) Single award ID/IQ construction phase contracts awarded on a low bid basis shall
follow either the advertisement for low bid contracts pursuant to present law (R.S.
38:2212) or the requirements for advertisements pursuant to proposed law. Specifies
that if a single-award, low-bid ID/IQ construction phase contract is advertised
pursuant to present law, the award may also be made pursuant to those provisions.
Specifies that if award is made pursuant to present law, the authority is not required
to follow the provisions of proposed law. Single award ID/IQ construction phase
contracts awarded on best value basis shall follow the requirements for
advertisement and procedures in proposed law.
(2) Multiple award ID/IQ construction phase contracts shall be awarded on a
qualifications basis and shall follow the requirements for advertisement and
procedures in proposed law.
(3) Requires CPRA to issue a "notice of intent" (NOI) through advertisement on its
designated webpage to request letters of interest (LOI) prior to awarding any
multiple award or single award ID/IQ contracts not advertised. Requires all notices
to be advertised at least 10 business days before receipt of responses and include a
description of the ID/IQ services. Authorizes the CPRA to readvertise the NOI using
additional media or publications if the number of responses received is deemed
insufficient to encourage competition.
Requires the CPRA to issue a "request for qualifications" (RFQ) to contractors that
submit an LOI for a multiple award ID/IQ construction phase contract. Further
requires that the RFP include instructions for preparing and submitting proposals and
evaluation criteria. Additionally, requires that the RFQ comply with proposed law.
Requires that bid security be specified in the CPRA's standard specifications or
special provisions. Authorizes the CPRA to waive the requirement for bid security
for procurement under proposed law.
(4) Requires the executive director to establish an evaluation committee to review
proposals for ID/IQ construction phase contracts. Provides for the evaluation
committee to recommend an award to the executive director. The authority makes
the final determination of the award.
The proposals, statements of qualification, and evaluation committee records shall
not be available for public inspection until the contract is entered into or the
procurement is cancelled. The meetings of the evaluation committee shall not be
subject to the Open Meetings Law.
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(5) Requires bids to be solicited prior to issuing a work order under a multiple award
ID/IQ construction phase contract. Further requires that the work order be issued to
the lowest responsible bidder.
Proposed law (R.S. 49:214.6.11(F)) authorizes CPRA to include the following items in its
procurement documents or contracts:
(1) Payment of mobilization or demobilization costs and the method for determining
mobilization and demobilization reimbursement if the CPRA opts to award those
costs separately from individual work orders.
(2) The method for determining price escalation or de-escalation.
(3) Special provisions specific to ID/IQ construction phase contracts.
(4) Unit pricing or lists of work items specific to ID/IQ construction phase contracts.
(5) A minimum dollar value of services that the CPRA is obligated to order.
(6) Statement of procedures and selection criteria the authority will use in issuing work
orders.
(7) Any other information, terms, or requirements the authority deems necessary to
include.
Proposed law (R.S. 49:214.6.11(G)) limits the term of the initial ID/IQ construction phase
contract to a maximum of five years, but the contract may authorize extensions up to an
additional five years. However the total of the initial term and any optional contract
extensions shall not exceed 10 years with the duration of the initial term and the terms of
individual contract extensions to be determined by the CPRA. Prohibits execution of the
ID/IQ construction phase contract from authorizing work or serving as a notice to proceed.
Proposed law (R.S. 49:214.6.11(H)) requires performance bonds pursuant to present law.
The bonds shall apply to the value and completion of work pursuant to individual work
orders rather than the value and completion of all work under the ID/IQ construction phase
contract unless otherwise specified.
Proposed law (R.S. 49:214.6.11(I)) prohibits proposed law from applying to architect and
engineer service contracts or other consulting contracts of CPRA authorized by state law or
projects governed by federal law, except that architect and engineer services may be
included to support the construction phase of projects. Further provides that proposed law
shall not apply to design-build contacting.
Proposed law (R.S. 49:214.6.11(J)) specifies that except as otherwise provided in proposed
law, the provisions in Titles 38 and 49 of present law do apply to ID/IQ construction phase
contracts. Further specifies that in the event of a conflict, the provisions of proposed law
prevails and supersedes any conflicting provision of state law.
Proposed law (R.S. 49:214.6.11(K)) authorizes the CPRA to promulgate rules and
regulations to implement and enforce the provisions of proposed law in accordance with the
provisions of the Administrative Procedure Act.
Proposed law (R.S. 44:4.1(B)(35)) adds the procurement of ID/IQ contracts to the list of
exceptions to public records law.
Present law (R.S. 39:1551 et seq.) establishes the La. Procurement Code to govern purchases
by state agencies and certain local governments of supplies and services. Additionally
provides exemptions from the central purchasing requirements of the La. Procurement Code.
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Proposed law (R.S. 39:1572) adds an exemption for procurement by CPRA of materials,
services, and supplies that will be used for integrated coastal protection, as defined in present
law (R.S. 49:214.2).
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 44:4.1(B)(35); Adds R.S. 39:1572(A)(3) and 49:214.6.11)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
original bill:
1. Remove ID/IQ supply contracts from proposed law.
2. Remove the definitions for "Indefinite Delivery, Indefinite Quantity" and
"Purchase Order".
3. Remove reference to Title 39 when addressing a conflict between federal laws
and regulations and certain titles in the Louisiana Revised Statutes of 1950.
4. Authorize procurement pursuant to proposed law to be single award or multiple
award.
5. Authorize the CPRA to use low bid, best value, or qualification based contracting
methods. Also allows CPRA to use materials separately acquired by the agency
to be provided to contractors in an ID/IQ contract.
6. Provide for requirements for advertisements and procedures for the selection of
ID/IQ contracts.
7. Change the requirement that an NOI shall be advertised a minimum number of
days from ten days to ten business days.
8. Add the procedure for the RFQs from vendors.
9. Establish an evaluation process for best value single award ID/IQ construction
phase contracts and statements of qualifications for multiple award ID/IQ
construction phase contracts.
10. Authorize architect and engineer services to be included in an ID/IQ contract to
the extent they support the construction phase of the project.
11. Remove the authority of CPRA to establish guidelines, standard specifications,
special provisions, or handbooks not explicitly provided for by proposed law.
12. Add exception to the public records law for certain documents and records of the
authority and evaluation committee and exempts meetings of the evaluation
committee from Open Meetings Law.
13. Make technical changes.
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the engrossed bill:
1. Make technical changes.
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2. Provide that the proposals and statements of qualification received by the
authority and the evaluation committee's records, including the evaluations
committee's findings, grading, score sheet, and recommendation, shall not be
available for public inspection until a certain time.
3. Provide that proposed law shall not apply to design-build contracting.
The House Floor Amendments to the reengrossed bill:
1. Exempt procurement by CPRA of certain materials, services, and supplies from
the provisions of the La. Procurement Code.
2. Make technical changes.
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