| Advisory Opinion request from Arcadis, Inc. through R. Gray Sexton, Attorney for Arcadis, Inc., in connection with an OCD-DRU RFP for Watershed Initiative Program Management Support Services. |
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Arcadis currently performs work for CPRA under contract No. 4400009021. The scope of this CPRA contract is broad and stipulates that Arcadis will provide work as assigned by CPRA through specific task orders. Through one such task order, Arcadis provided support to the development of a comprehensive watershed-based floodplain management program for the state.
On December 19, 2018, OCD-DRU released Request for Proposal ("RFP") No. 10740-056 for Watershed Initiative Management Support Services. A small part of the services sought under the RFP are similar, but are not the same, as the services Arcadis provided to CPRA. Arcadis did not participate in the drafting or creation of the OCD-DRU RFP and did not know of its release before the general public. The RFP was open for more than four weeks and all qualified firms were able to submit a proposal.
The work performed by Arcadis under the Watershed Initiative Program Management Support Services would be to support the prime contractor in the facilitation of the development and implementation of a statewide, watershed-based flood plan management program. The work Arcadis performs for CPRA will not be the same work it may perform under the Watershed Initiative Program Management Support Services.
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La. R.S. 42:1113A(1)(a) provides: No public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(19) defines "public servant" as a public employee or an elected official. La. R.S. 42:1102(18)(a)(iii) defines "public employee" as anyone, whether compensated or not, who is engaged in the performance of a governmental function.
In Docket No. 2009-378, the Board defined "governmental function" as a government agency's conduct that is expressly or impliedly mandated or authorized by law that is carried out for the benefit of the general public. The Board also concluded that the agency of a contractor, who was a public employee by virtue of performing a governmental function through the contract, was limited in purpose to the scope of the contract.
La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has substantial economic interest. 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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