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HLS 26RS-1742 REENGROSSED
2026 Regular Session
HOUSE BILL NO. 1207
BY REPRESENTATIVE DESHOTEL
PUBLIC CONTRACT/BIDS: Provides relative to selection of contractors by public entities
1 AN ACT
2 To enact R.S. 38:2212.11 and R.S. 48:251(E), relative to public bids for public work
3 contracts; to prevent public entities from limiting public works contracts based on
4 special qualifications; to prevent public entities from unduly limiting bidding
5 competition; to prevent the Department of Transportation and Development from
6 requiring proof of certain experience or qualifications ; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 38:2212.11 is hereby enacted to read as follows:
10 §2212.11. Competitive bidding; limitations on experience requirements; alternate
11 qualifications
12 A.(1) Notwithstanding any provision of law to the contrary, a public entity
13 shall not require a contractor or subcontractor to provide proof of experience or
14 qualifications in performing public works that are unduly restrictive of competition
15 or that are tailored to a specific product, manufacturer, system, or prior project.
16 (2) No public entity shall require, as a condition of bidding or award, that a
17 contractor or subcontractor demonstrate prior experience installing a specific
18 proprietary material, product, or system.
19 B. Any experience or qualification requirement imposed by a public entity
20 shall:
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1 (1) Be reasonably related to the scope and complexity of the project.
2 (2) Not be used to unduly limit the pool of qualified bidders.
3 (3) Be documented in writing, including a justification demonstrating the
4 necessity of such requirement for public safety or project performance.
5 C. A public entity shall provide an alternate method for a contractor or
6 subcontractor to demonstrate competency and qualify for bidding, including but not
7 limited to:
8 (1) Manufacturer or supplier certification.
9 (2) Successful completion of relevant training programs.
10 (3) Demonstration of comparable project experience.
11 (4) Submission of a project-specific installation or performance plan.
12 (5) Any other reasonable method that demonstrates the ability to perform the
13 work in accordance with the project specifications.
14 D. No bidder shall be disqualified solely for lack of prior experience with a
15 specific proprietary product, material, or system if the bidder satisfies an alternate
16 qualification method provided pursuant to this Section.
17 Section 2. R.S. 48:251(E) is hereby enacted to read as follows:
18 §251. Contracts for projects
19 * * *
20 E.(1) The Department of Transportation and Development shall not require
21 a contractor or subcontractor to provide proof of experience or qualifications in
22 performing public works that are unduly restrictive of competition or tailored to a
23 specific product, manufacturer, system, or prior project.
24 (2) The department shall not require prior installation or use of a specific
25 proprietary material, product, or system as a condition for bidding or award.
26 (3) The department shall ensure that all experience or qualification
27 requirements are reasonably related to the project and shall not be used to limit
28 competition.
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1 (4) The department shall provide an alternate method for contractors to
2 demonstrate competency and qualify for bidding, consistent with the provisions of
3 R.S. 38:2212.11.
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 1207 Reengrossed 2026 Regular Session Deshotel
Abstract: Eliminates certain limitations and additional requirements for bidding public
works contracts.
Present law (R.S. 38:2212) provides for the requirements of public bid contracts for certain
public works in the state of La.
Proposed law (R.S. 38:2212.11) prohibits public entities from requiring a contractor or
subcontractor to provide proof of experience or qualifications in performing public works
that are unduly restrictive of competition or that are tailored to a specific product,
manufacturer, system, or prior project.
Proposed law prohibits public entities from requiring, as a condition of bidding or award,
that a contractor or subcontractor demonstrate prior experience installing a specific
proprietary material, product, or system.
Proposed law requires any experience or qualification requirement imposed by a public
entity meet the following:
(1) Be reasonably related to the scope and complexity of the project.
(2) Not be used to unduly limit the pool of qualified bidders.
(3) Be documented in writing, including a justification demonstrating the necessity of
such requirement for public safety or project performance.
Proposed law requires public entities provide an alternate method for a contractor or
subcontractor to demonstrate competency and to qualify for bidding, including but not
limited to:
(1) Manufacturer or supplier certification.
(2) Successful completion of relevant training programs.
(3) Demonstration of comparable project experience.
(4) Submission of a project-specific installation or performance plan.
(5) Any other reasonable method that demonstrates the ability to perform the work in
accordance with the project specifications.
Proposed law prohibits bidders from being disqualified solely for lack of prior experience
with a specific proprietary product, material, or system if the bidder satisfies an alternate
qualification method provided pursuant to proposed law.
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Present law (R.S. 48:251) provides for certain bidding contract requirements for the
construction or maintenance of, or improvements to, highways or other public works projects
under the control of or advertised and let by the Dept. of Transportation and Development
(DOTD).
Proposed law prohibits the DOTD from requiring a contractor or subcontractor provide proof
of experience or qualifications in performing the DOTD projects as an additional
requirement to be awarded a contract that are unduly restrictive of competition or tailored
to a specific product, manufacturer, system, or prior project.
Proposed law prohibits the DOTD from requiring prior installation or use of a specific
proprietary material, product, or system as a condition for bidding or award.
Proposed law requires the DOTD to ensure that all experience or qualification requirements
are reasonably related to the project and not be used to limit competition.
Proposed law requires the DOTD to provide an alternate method for contractors to
demonstrate competency and that they are qualified for bidding, consistent with the
provisions of proposed law.
(Adds R.S. 38:2212.11 and R.S. 48:251(E))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
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