§251.9. Definitions

A. As used in this Part, unless the context clearly indicates otherwise, the following terms shall have the following meanings:

(1) "Bidding documents" means the advertisement, plans and specifications, bidding form, bidding instructions, addenda, special provisions, and all other instruments prepared by or on behalf of the department for use by prospective bidders on a public contract.

(2) "Bid form" means the portion of the bidding document required to be submitted in order to constitute a bid.

(3) "Contract" means any contract awarded by the department for construction or maintenance of transportation facilities or work authorized by Article VII, Section 27 of the Constitution of Louisiana.

(4) "Contractor" means any individual, partnership, joint venture, firm, corporation, limited liability partnership, limited liability company, or any acceptable combination thereof contracting for performance of public work for the department.

(5) "Emergency" shall mean an unforeseen mischance bringing with it destruction or injury of life or property or the imminent threat of such destruction or injury, the result of an order from any judicial body to take immediate action which requires construction or maintenance without time to comply with the formalities of this Part.

(6) "Louisiana resident contractor" means:

(a) For the purposes of this Section, a "Louisiana resident contractor" includes any person, partnership, association, corporation, or other legal entity and is defined as one of the following:

(i) An individual who has been a resident of Louisiana for two years or more immediately prior to bidding on work.

(ii) A partnership, association, corporation, or other legal entity whose majority interest is owned by and controlled by residents of Louisiana.

(iii) A partnership, association, corporation, or other legal entity which for two years prior to bidding has maintained a valid Louisiana contractor's license and has operated a permanent facility in the state of Louisiana and has not had a change in ownership or control throughout those two years.

(b) For the purposes of Item (a)(ii) of this Paragraph, ownership percentages shall be determined on the basis of:

(i) In the case of corporations, all common and preferred stock, whether voting or nonvoting, and all bonds, debentures, warrants, or other instruments convertible into common and/or preferred stock.

(ii) In the case of partnerships, capital accounts together with any and all other capital advances, loans, bonds, debentures, whether or not convertible into capital accounts.

(7) "Negotiate" means to participate in the process of entering into contracts or plan changes without formal advertising and public bidding with the intention of obtaining the best price and terms possible under the circumstances.

(8) "Plan change" means an alteration, deviation, addition, or omission as to a preexisting department construction or maintenance contract.

(9) "Plan change outside the scope of the contract" means a plan change which alters the nature of the thing to be constructed or which is not an integral part of the project objective.

(10) "Plan change within the scope of the contract" means a plan change which does not alter the nature of the thing to be constructed or which is an integral part of the project objective.

(11) "Public work" means the erection, construction, alteration, maintenance, improvement, or repair of any highway, bridge, transportation facility, or immovable property owned, used, or leased by the department or any public entity for which the department is acting pursuant to an agreement.

Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2007, No. 386, §1, eff. July 1, 2007.