§2211.2. A+B bidding; pilot program; public works contracts let by local governmental
subdivision or political subdivision
A.(1) A pilot program is hereby established to authorize local governmental
subdivisions or political subdivisions to use the A+B bidding method to determine the lowest
responsive bidder on a contract for public works.
(2) At least sixty days prior to inclusion of A+B bidding in the bidding documents
for a contract to be let for public works, a local governmental subdivision or a political
subdivision shall deliver written notification of the proposed project by name and description
of the project, together with the reason it deems such method to be in the public interest and
beneficial to the owner, to the House and Senate transportation, highways, and public works
committees for review and approval. The pilot program is limited to fifteen projects. If the
project is approved by the committees, the owner shall submit in writing to the chairmen of
the House and Senate committees on transportation, highways, and public works the name
and address of the lowest responsive bidder awarded the contract, together with the bid
values of the A+B components. Upon completion and acceptance of the project, the owner
shall submit in writing to the chairmen of the House and Senate committees on
transportation, highways, and public works a project report that includes the final project cost
and an evaluation of whether or not contract times were reduced, costs were acceptable, and
quality was maintained by use of the A+B bid method.
B. When used in this Section, the following words and phrases have the meanings
ascribed to them in this Section, unless the context indicates a different meaning:
(1) "A+B bidding" means cost plus time bidding that factors time plus cost to
determine the low bid. Under the A+B method, each submitted bid has two components
where "A" is the traditional bid for the contract items and is the dollar amount for all work
to be performed under the contract, and "B" is a "bid" of the total number of calendar days
required to complete the project, as estimated by the bidder. Bid days are multiplied by a user
cost, furnished by the project owner, and added to the "A" component to obtain the total bid.
The bid for award to the lowest responsive bidder is based on a combination of the bid for
the contract items and the associated cost of time.
(2) "Owner" means a "local governmental subdivision" or a "political subdivision"
as defined in Article VI, Section 44 of the Constitution of Louisiana.
C. Notwithstanding any other provision of law to the contrary, a local governmental
subdivision or a political subdivision may specify in its bidding documents for a public work
the A+B bidding method to determine the lowest responsive bidder as set forth in this
Section. Bidding documents may contain alternates, which allow for different materials
currently approved by the local governmental subdivision or political subdivision, or
methods of construction. The bidding documents shall specify whether the low bid will be
determined based on the lowest bid cost, or the lowest combination of bid cost plus
construction time. If construction time is utilized as a factor to determine the lowest
responsive bidder, then its value and use in the determination of the lowest responsive bidder
shall be specified by the owner in the bidding documents.
D. The provisions of this Section shall supersede any conflicting provisions of any
law, including but not limited to the requirements of Chapter 10 of this Title, but the
provisions of such Chapter shall otherwise be applicable to such contracts.
Acts 2019, No. 261, §1.