La. Admin. Code tit. 43 § XI-2301

Current through Register Vol. 50, No. 9, September 20, 2024

Section XI-2301 - Office of Conservation; Underwater Obstruction Assessments or Removal (Formerly section 325)

A. A contract for obstruction removal shall require a cash bond, performance bond, or other equivalent surety instrument approved by the assistant secretary, and shall require a formal bid process. A project which the assistant secretary has declared, in writing, to be an emergency may employ a written and thoroughly documented informal bidding procedure in which bids are received from at least three bidders. All such contracts shall be reviewed prior to execution by the secretary and at least all informally bid contracts shall be reviewed by the Commissioner of the Division of Administration.

B. No party contracting with the department under the provisions of this Part shall be deemed to be a public employee or an employee otherwise subject to the provisions of Chapter 15 of Parts I through IV of Title 42 of the Revised Statutes of 1950.

C. The assistant secretary may enter into contracts for the purposes of underwater obstruction identification, assessments or removal to carry out the provisions of this Part, under the following circumstances:

1. when the assistant secretary has declared an emergency, in writing, he may employ a written and thoroughly documented informal bidding procedure and take informal, detailed written bids from at least three contractors without the necessity of meeting the requirements of the state public bid law. Before execution of a contract, under emergency declaration, a performance bond shall be furnished by the contractor;

2. where no emergency exists, all contracts shall be made pursuant to the state public bid law;

3. all such contracts shall be reviewed prior to execution by the secretary and all informally bid contracts shall be reviewed by the Commissioner of the Division of Administration.

D. An underwater obstruction removal assessment shall be performed by a contractor chosen from the list of contractors approved by the assistant secretary or a contractor who submits his credentials to the assistant secretary for approval and is subsequently added to the list.

E. An obstruction removal assessment shall specifically detail site restoration needs and shall provide a description of the obstruction and an estimate of the cost to remove the obstruction and restore the site, in accordance with the standards set forth in LAC 43:XIX.101 et seq.

F. No party contracting with the department under the provisions of this Part shall be deemed to be a public employee or an employee otherwise subject to the provisions of Chapter 15 of Parts I through IV of Title 42 of the Revised Statutes of 1950.

La. Admin. Code tit. 43, § XI-2301

Promulgated by the Department of Natural Resources, Office of Conservation, LR 24:341 (February 1998), repromulgated LR 49299 (2/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4(D)-4(H) and 30:101.4.