§208. Letting contracts; exceptions

A. All work to be done exceeding the contract limit as defined in R.S. 38:2212(A)(1)(d), including labor, material, equipment, and supplies, and all purchases of material, equipment, and supplies required by R.S. 38:2212.1 to be publicly bid shall be advertised and let by contract to the lowest responsible bidder who has bid according to contract plans and specifications as advertised; and no work shall be done and no purchase shall be made except as provided in this Part. The advertisement shall be published in a daily newspaper which is published within the limits of the Lake Charles Harbor and Terminal District and in any other paper or papers that may be selected by the board. The advertisement shall be published three times within ten days, the first advertisement to appear at least ten days before the opening of bids.

B. Contracts for works aggregating less than the contract limit shall not be advertised unless the board deems it advisable. In letting contracts for the purchase of materials, supplies, and equipment for which advertising is not required, the district shall comply with the provisions of R.S. 38:2212.1.

C.(1) This Section shall not apply in cases of extreme public emergency where such emergency has been certified to by the board, and notice of such public emergency shall within ten days thereof be published in the official journal of the board.

(2) An emergency, for the purposes of this Section, as it applies to construction, repairs, or alterations, shall mean an unforeseen mischance bringing with it destruction of life or property or the imminent threat of such destruction, or as the result of an order from any judicial body to immediately undertake construction or repairs to comply with a court order. An emergency shall also include any situation which would result in immediate and serious economic loss to the Lake Charles Harbor and Terminal District, provided, however, this provision shall not apply to new construction except in the instance of needed repair to existing operating facilities. This Section shall not apply for labor necessary and used in the maintenance of works built and completed. Nothing contained herein shall prevent the board from executing works with its own force and equipment under its own supervision.

D. Whenever the board deems it advisable and in the best interest to purchase machinery or equipment or vehicles of certain makes, kinds, or types, the advertisement may specify the makes, kinds or types, and after the advertisement, the board may purchase those makes, kinds or types, but they shall not pay more than the standard market price of the machinery or equipment or vehicles.

E. Except as otherwise provided in this Part, the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, as amended, shall apply to the Lake Charles Harbor and Terminal District.

Acts 1970, No. 137, §1; Acts 1975, No. 292, §1; Acts 1979, No. 215, §1; Acts 1982, No. 264, §1; Acts 1990, No. 305, §1, eff. July 7, 1990; Acts 2007, No. 37, §1, eff. June 18, 2007.