TITLE 38. PUBLIC CONTRACTS, WORKS AND IMPROVEMENTS

CHAPTER 10. PUBLIC CONTRACTS

PART II. LETTING CONTRACTS

 

38:2212.7      Limitations on consultants competing for contracts

 

A. Any person contracting with an agency for the purposes of developing bidding documents, requests for proposals, or any other type of solicitation related to a specific procurement shall be prohibited from bidding, proposing, or otherwise competing for award of that procurement.  Such persons shall further be prohibited from participating as subcontractors related to the award of that procurement.

 

B. For the purposes of this Section, the following activities shall not be considered "developing bidding documents, requests for proposals, or any other type of solicitation":

 

(1) Architectural and engineering programming.

 

(2) Master planning.

 

(3) Budgeting.

 

(4) Feasibility analysis.

 

(5) Constructability review.

 

(6) Furnishing specification data or other product information.

 

(7) Any other services that do not establish selection qualifications or evaluation criteria for the procurement of an architect or engineer.

 

Added by Acts 2008, No. 598, § 1, eff. July 1, 2008.  Amended by Acts 2009, No. 433, § 1.