Read the full stored bill text
ENROLLED
2026 Regular Session
HOUSE BILL NO. 887
BY REPRESENTATIVE MCFARLAND
1 AN ACT
2 To amend and reenact R.S. 38:2225.2.4(B)(5) through (7), (E)(1), and (F)(1), (2)(e), (3)(a),
3 and (4) and to enact R.S. 38:2225.2.4(B)(8), (F)(7) through (9), and (I), relative to
4 construction management at risk contracts; to modify the composition of the
5 committee; to provide quorum requirements; to provide for definitions; to establish
6 uniform rules for scoring, ranking, score sheets, interviews, and presentations of
7 proposers; to require public training and transparent advertising; to provide for
8 severability, and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 38:2225.2.4(B)(5) through (7), (E)(1), and (F)(1), (2)(e), (3)(a) and
11 (4) are hereby amended and reenacted and R.S. 38:2225.2.4(B)(8), (F)(7) through (9), and
12 (I) are hereby enacted to read as follows:
13 §2225.2.4. Construction management at risk; public entity
14 * * *
15 B. When used in this Section, the following words and phrases have the
16 meanings ascribed to them in this Section, unless the context indicates a different
17 meaning:
18 * * *
19 (5) "Selection review committee" means the committee appointed by the
20 owner to review the request for qualifications, score, or rank of the proposers, and
21 recommend award to a construction management at risk contractor. The committee
22 shall consist of no more than five individuals appointed by the owner as follows:
23 (a) One design professional in the discipline of but not involved in the
24 project.
25 (b) One licensed contractor in the discipline of but not involved in the
26 project.
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 887 ENROLLED
1 (c) One representative of the owner.
2 (d) Two members at large.
3 (a) One representative of the owner.
4 (b) One design professional in the relevant discipline not involved in the
5 project.
6 (c) One principal or employee of a licensed contractor in the relevant
7 discipline not involved in the project.
8 (d) Two members shall also be professionals in the relevant disciplines not
9 involved in the project, either design professionals or principals/employees of
10 licensed contractors.
11 (6) Proposal discussion, scoring and ranking of submitted proposals,
12 interviews, presentations, scoring and ranking following interviews and
13 presentations, and the publication of scores and recommendation by the selection
14 review committee to the owner may occur only at a meeting at which a quorum is
15 present. A quorum shall consist of the owner’s representative, at least one design
16 professional in the relevant discipline not involved in the project, and at least one
17 principal or employee of a licensed contractor in the relevant discipline not involved
18 in the project.
19 (6) (7) All other terms shall have the meanings as provided for in R.S.
20 38:2211.
21 (7) (8) All selection review committee members shall be required to sign an
22 ethics statement prior to commencement of any committee meeting.
23 * * *
24 E.(1) Prior to the selection review committee receiving and evaluating any
25 submitted proposals, and conducting business, the owner, the owner's representative,
26 or an assigned RFQ coordinator shall inform convene a public meeting held in
27 accordance with the Open Meetings Law to inform the committee on the RFQ, the
28 project, the scoring and ranking procedure, the conduct of the committee's
29 responsibility, and any particulars of the project.
30 * * *
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 887 ENROLLED
1 F.(1) A request for qualifications, or RFQ, to award a contract for a
2 construction management at risk contractor for preconstruction and construction
3 services shall be advertised in the official journal of the owner and, if one exists, on
4 the Internet website of the owner. The RFQ and shall be advertised at least two
5 times within the thirty-day period prior to the deadline for receipt of responses. The
6 RFQ shall also be advertised in the official journal of the state and posted on any
7 project notification and electronic bidding system utilized by the public entity.
8 (2) The RFQ shall include the following as well as any other pertinent
9 information limited to the qualifications of a proposer that the owner determines a
10 proposer may need to submit in a response to an RFQ:
11 * * *
12 (e) Total fees and compensation payable to the CMAR contractor for
13 preconstruction services, which shall be established by the owner and shall not be
14 requested from or offered by the proposers as part of their responses or interviews.
15 * * *
16 (3) The RFQ may request that proposers include the following in response
17 to the RFQ, as well as any other appropriate factors that would, in the opinion of the
18 owner, demonstrate the capability of the proposer to perform the role of CMAR
19 contractor:
20 (a) The proposer's surety. Audited financials shall not be required, as
21 production of a bonding commitment letter, dated within thirty days of the proposal
22 due date, for a payment and performance bond equivalent to the maximum estimated
23 project cost shall be sufficient to establish financial stability.
24 * * *
25 (4)(a) Within ninety days after the deadline for responses to the RFQ, a
26 selection review committee chosen by the owner and identified in the RFQ shall
27 make a written recommendation to the owner as to which proposer should be
28 awarded the contract. The results of the selection review committee, inclusive of its
29 findings, grading, score sheets, and recommendations, shall be available for review
30 by all proposers and shall be deemed public records. The exceptions to the Open
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 887 ENROLLED
1 Meetings Law are applicable to the selection review committee meetings where
2 individual proposers will be interviewed pursuant to R.S. 42:17(A)(10) R.S.
3 42:17(A)(11).
4 (b) Upon conclusion of all interviews or presentations, the selection review
5 committee shall enter into the executive session pursuant to R.S. 42:17(A)(11) for
6 the purpose of discussion. At the conclusion of such executive session, the selection
7 review committee shall reconvene in an open meeting, announce and publish each
8 proposer's scores, and identify the proposer it recommends for award to the owner.
9 * * *
10 (7)(a) The selection review committee shall apply the following scoring and
11 ranking procedures for all proposals:
12 (i) For submitted proposals, each selection review committee member shall
13 assign a ranking of first, second, or third for each section of the score sheet. For each
14 section of the score sheet, the following point values shall be assigned to each rank:
15 first place shall receive three points, second place shall receive two points, and third
16 place shall receive one point. The points assigned for each section shall then be
17 totaled to derive a total score for the top three proposals. Scoring shall be in
18 descending order, with the highest total score representing the best score.
19 (ii) After scoring and ranking the submitted proposals, the selection review
20 committee shall grant an in-person interview and presentation to the three proposers
21 whose proposals achieve the highest scores and meet the minimum criteria. If only
22 one or two proposers meet the minimum criteria, interviews shall be granted to all
23 such proposers.
24 (b) In the event that tied scores prevent a clear determination of the top three
25 proposers, the selection review committee shall consider the highest scoring
26 proposals and shall rank those proposals first, second, or third in order to eliminate
27 the tie.
28 (8)(a) The selection review committee shall require in-person interviews and
29 presentations from any proposer selected pursuant to Item (7)(a)(ii) of this
30 Subsection, except in the event of an emergency declared by the governor, force
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 887 ENROLLED
1 majeure, or other good cause, documented in writing by the owner, in which case
2 remote participation may be permitted.
3 (b) Following the completion of an interview and presentation, the selection
4 review committee shall complete a new score sheet form and shall consider both the
5 previously submitted proposal and the additional information provided during the
6 interview and presentation.
7 (c) The selection review committee shall apply the following scoring and
8 ranking procedures for interviews and presentations:
9 (i) Each member of the selection review committee shall assign a ranking of
10 first, second, or third to each proposer for each section of the score sheet. For each
11 section of the score sheet, first place shall receive three points, second place shall
12 receive two points, and third place shall receive one point. The points for each
13 section shall be totaled to determine a total score for each proposer. Proposers shall
14 then be ranked in descending order, with the highest total score representing the
15 highest ranking.
16 (ii) The proposer receiving the highest total on the score sheet shall be
17 recommended in writing to the owner by the selection review committee.
18 (iii) In the event that tied scores prevent a clear determination of the
19 successful proposer, the selection review committee shall consider both the
20 submitted proposals and the interviews and presentations and shall rank each
21 proposer first, second, or third to eliminate the tie.
22 (iv) The proposer with the most points after application of the procedures in
23 this Section shall be recommended in writing to the owner by the selection review
24 committee. The scoring determinations of the selection review committee shall be
25 final, except as provided in Subsection D of this Section.
26 (9) Neither the RFQ nor any response thereto, nor any interview or
27 presentation shall require, request, permit, or consider any proposer's proposed fee,
28 compensation, or general conditions amounts for preconstruction or construction
29 services prior to the selection of a construction management at risk contractor. The
30 selection review committee shall base its evaluation, scoring, ranking, and
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 887 ENROLLED
1 recommendation solely on qualifications and the evaluation factors set forth in the
2 RFQ, exclusive of any price, fee, or general conditions proposals, until a construction
3 management at risk contractor has been selected in accordance with this Section.
4 * * *
5 I. If any provision of this Section is determined to conflict with requirements
6 for grants obtained from federal funds, the remaining provisions of this Section shall
7 not be affected and only the conflicting provision shall be inapplicable.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.