Meetings
 
Agenda Item
Docket No. 17-100
 
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RE:
Advisory Opinion request of Richard Campbell, counsel for GCR Incorporated, related to a Request for Proposal issued by Office of Community Development - Disaster Recovery Unit.
Facts:
The Office of Community Development, Disaster Recovery Unit (OCD-DRU) is responsible for distributing and administering recovery programs associated with more than $1 Billion in federal funds as a result of the March and April Floods of 2016. The program is titled Restore Louisiana (ReLa). OCD-DRU has a contract with Pan American Engineers, LLC to develop the Action Plan and Program Manual for ReLa.


The Action Plan outlines the proposed use of federal funds and eligible activities available to assist declared parishes to meet the needs that arose as a result of the two storm events. The Program Manual provides the procedures and guidelines to operate the eligible programs within the rules of the federal Housing and Urban Development Agency (HUD).


GCR, Inc., is headquartered in New Orleans and provides technology process services, along with consulting services. GCR currently is a subcontractor for Pan American Engineers, LLC, and has assisted with the production of both the Action Plan and Program Manual for the ReLa Program. According to GCR, it did not develop any new guidelines for this program, as all of the procedures were taken from previous programs.

In connection with the ReLa Program, OCD-DRU issued Request for Proposal (RFP) No. 107140-047, which calls for proposals to provide project management services and building/construction services for the implementation and administration of the ReLa Program. The deadline for submissions is February 22, 2017.


GCR seeks an advisory opinion to determine whether they are prohibited from submitting a response to the RFP to administer the ReLa Program.


Comments:
The Board has previously approved similar arrangements involving contracts of OCD-DRU. See attached Advisory Opinions Summary memo.
Law:
La. R.S. 42:1112A prohibits a public servant, except as provided in R.S. 42:1120, from participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.

La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a) the interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office; (b) the that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter, (c) the interest that a person has as a member of the general public.

Recommendations:
Adopt the draft advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2017-100- Advisory Opinion Draft (1.30.17)
2017-100 AOR
2017-100- Email from Campbell
2017-100- Advisory Opinions Summary
2017-100- AO 2011-1012