2018 Louisiana Laws
Revised Statutes
TITLE 38 - Public Contracts, Works and Improvements
RS 38:2320.1 - Methods of procurement for specialized cranes and replacement parts
PART XI. PORT, HARBOR, AND TERMINAL SPECIALIZED CRANES AND REPLACEMENT PARTS
§2320.1. Methods of procurement for specialized cranes and replacement parts
A. Notwithstanding any other provision of law to the contrary, and in addition to the authority granted by any other provision of law, all port commissions and port, harbor, and terminal districts may purchase port-related specialized cranes and any replacement parts through a request for proposals. The process to purchase specialized cranes and replacement parts shall conform to the following:
(1) Specifications for the port-related specialized cranes and any replacement parts shall be prepared in advance and designate the specific class of any specialized crane and replacement part desired and may include requested or alternative features associated with such class of specialized crane or replacement part. The specifications may also include requirements for maintenance of the specialized crane or any replacement part.
(2) The commission or district may pre-qualify bidders for the procurement of any specialized crane or replacement part. Public notice of the request for qualifications shall include the date scheduled for opening the request for qualifications to bidders and shall be published at least twenty-five days prior to the scheduled date. The notice and all procedures for the pre-qualification shall be published on the website of the commission or district that is available to the general public. In addition, written notice of the request for qualifications may be mailed or emailed to firms that are known to be in a position to furnish specialized cranes or replacement parts. If the commission or district chooses to pre-qualify bidders for procurement, only those pre-qualified bidders may submit bids on the designated purchase contract.
(3) A request for proposals shall be mailed or emailed to all pre-qualified firms. If pre-qualification procedures are not used, then public notice of the request for proposals shall be given in the same manner as the public notice of the request for qualifications. The request for proposals shall include the following:
(a) The relative importance of price and warranties.
(b) The tasks expected to be performed pursuant to the contract.
(c) The functional specifications of the crane or any replacement parts.
(d) The expected time frame within which the specialized cranes will be delivered or the replacement parts provided.
(e) The criteria that will be used and the factors that will be considered when evaluating the proposals.
(4) The commission or district is authorized to negotiate the price, conditions, and terms of the purchase contract with any bidder who submits a proposal.
(5) Except as provided in Paragraph (6) of this Subsection, an award shall be made, in writing, to the bidder whose proposal is determined by the governing authority of the commission or district to be the most advantageous based upon the factors provided in Paragraph (3) of this Subsection. No other basis of evaluation shall be used except those set forth in the request for proposals.
(6) The governing authority of the commission or district may reject all proposals when it is deemed that this action is in the best interest of the commission, district, or local governmental entity.
B. For purposes of this Part, the term "specialized crane" shall mean a container crane, bulk unloader, spiral conveyor, or other cargo handling equipment used primarily in the operation of a port facility.
C. Any financing of the procurement of port, harbor, and terminal specialized cranes or replacement parts as provided for in this Section may be in amounts and upon terms and conditions as may be agreed upon by the commission or district and the crane provider or repair company.
D. The governing authority of the commission or district may develop and adopt any guidelines, rules, or regulations necessary to effectuate the provisions of this Section.
Acts 2018, No. 173, §1, eff. May 15, 2018.
