MAX N. TOBIAS, JR., J.
In this case involving the award of a public construction contract, Hamp's Construction, L.L.C. ("Hamp's") seeks reversal of the trial court's judgment (a) granting a preliminary injunction in favor of Dynamic Constructors, L.L.C. ("Dynamic") prohibiting the Plaquemines Parish Government ("PPG") from awarding a demolition contract to any entity other than Dynamic, the low bidder on a proposed public project, (b) issuing a writ of mandamus ordering the PPG to award the contract to Dynamic, and (c) dismissing, with prejudice, Hamp's petition of intervention. For the following reasons, we reverse the trial court judgment on the ground that Dynamic failed to comply with both the express requirements of Louisiana's Public Bid Law, La. R.S. 38:2212 et seq., and the bid instructions.
This litigation arises out of the advertisement for bids by the PPG regarding a contract for the demolition and stabilization of the Plaquemines Parish courthouse located in Pointe-a-la-Hache ("the Contract"). The facts are not in dispute. Bids for the Contract were opened on 18 November 2014, and Dynamic was determined to be the lowest responsive bidder. Prior to being formally awarded the Contract, however, Hamp's entered a bid protest challenging the responsiveness of Dynamic's bid on the basis that Dynamic's bid failed to comply with both the advertised bid instructions and with the requirements of the Public Bid Law, including inter alia: (1) failure to attach written evidence of authority of the person signing the bid on behalf of Dynamic, and (2) failure to provide a list of the names and addresses of each member of Dynamic's limited liability company. Finding merit to the information supplied by Hamp's in its bid protest, the PPG notified Dynamic on 16 December 2014 that its initial notice of award to them was being rescinded on the basis that Dynamic's bid was non-responsive to the requirements of the advertised bid specifications because the bid did not contain written evidence of authority allowing Jeffrey R. Hymel, a member of Dynamic, to execute the bid on Dynamic's behalf. Thereafter, PPG notified Hamp's, the third lowest bidder on the demolition and stabilization project, that it was being awarded the Contract.
Taking the position that no irregularities existed in its bid proposal, Dynamic initiated the instant action on 18 December 2014 by filing an ex parte petition for a temporary restraining order seeking to restrain the PPG from taking any action in furtherance of awarding the Contract to any other bidder except Dynamic. On the same day, Dynamic also filed a petition for preliminary injunction
The trial court granted the temporary restraining order requested by Dynamic and set the matter for contradictory hearing, which was held on 7 January 2015. Written reasons for judgment were issued by the trial court on 27 January 2015 in favor of Dynamic finding that the limited liability company had complied with the requirements of the Public Bid Law because the signature of Mr. Hymel as "Jeffrey R. Hymel, Jr., `owner' of Dynamic," was "sufficient under the law to qualify Mr. Hymel to sign the bid." In accordance with its written reasons, the trial court rendered a judgment on 19 February 2015, granting Dynamic's request for a preliminary injunction and writ of mandamus, ordering PPG to award the Contract for the demolition project to Dynamic, and dismissing Hamp's intervention. From that judgment, Hamp's suspensively appealed.
The dispositive issue on appeal turns on whether, under both the mandates of the Public Bid Law (i.e., La. R.S. 38:2212 B(2) and (5)) and the requirements of the bid instructions (i.e., Sections 1 A(2)
This case involves issues regarding statutory interpretation which are reviewed on appeal de novo. See Chapital v. Harry Kelleher & Co., Inc., 13-1606, p. 7 (La.App. 4 Cir. 6/4/14), 144 So.3d 75, 82. In ABL Management, Inc. v. Board of Supervisors of Southern University, 00-0798, p. 6 (La. 11/28/00), 773 So.2d 131, 135, the supreme court stated that courts are to presume that "every word, sentence or provision in the statute was intended to service some useful purpose, that some effect is to be given to each such provision, and that no unnecessary words or provisions were used." Moreover, the Legislature is "presumed to have enacted each statute with deliberation and with full knowledge of all existing laws on the same subject." Id. Finally, the legislature is presumed to have enacted each statute in light of the preceding statutes involving the same subject matter and court decisions construing those statutes. Where the new statute is "worded differently from the preceding statute, the legislature is presumed to have intended to change the law." Hamp's Constr., L.L.C. v. City of New Orleans, 05-0489, p. 4 (La. 2/22/06), 924 So.2d 104, 107.
Louisiana's Public Bid Law, found at La. R.S. 38:2212 et seq., governs the manner by which all contracts for public works are to be awarded. It is a law which was enacted in the interest of the taxpaying citizens and has for its purpose their protection against contracts of public officials entered into because of favoritism and involving exorbitant and extortionate prices. Haughton Elevator Div. v. State Div. of Admin., 367 So.2d 1161, 1164 (La. 1979); Concrete Busters of Louisiana, Inc. v. Board of Com'rs of the Port of New Orleans, 10-1172, p. 4 (La.App. 4 Cir. 2/2/11), 69 So.3d 484, 486. In enacting the Public Bid Law, the legislature has specifically prescribed the conditions under which the state will permit public work to be done on its behalf or on behalf of its political subdivisions. See Hamp's Constr., L.L.C. v. The City of New Orleans, p. 4, 924 So.2d at 107. In the words of our Supreme Court, it is "a prohibitory law founded on public policy," Broadmoor, L.L.C. v. Ernest N. Morial New Orleans Exhibition Hall Auth., 04-0211, 04-0212, p. 6 (La. 3/18/04), 867 So.2d 651, 656, and is to be strictly construed. Id., pp. 8-9, 867 So.2d at 657; Command Constr. Indus., L.L.C. v. City of New Orleans, 13-0524, 13-0525, pp. 6-10 (La.App. 4 Cir. 10/23/13), 126 So.3d 716, 720-722.
Given the nature of the political mandate, a political entity such as the PPG has no authority to take any action that is inconsistent with the Public Bid Law. Broadmoor, L.L.C. p. 6, 867 So.2d at 656. Specifically, "the requirements of the Public Bid Law, the advertisement for bids and the bid form shall not be waived by any public entity." Hamp's Constr., L.L.C., p. 9, 924 So.2d at 110. [Emphasis supplied in the original].
La. R.S. 38:2212 B(1) provides:
As a further effort to specify the prescribed conditions relating to the letting of public works contracts, a Louisiana Uniform Bid Form was promulgated in accordance with the Administrative Procedure Act by the division of administration, office of facility planning and control, pursuant to the mandate of La. 38:2212, which provides, in pertinent part:
La. R.S. 38:2212 B(2) and (5) [emphasis supplied].
Our review of the bid instructions and the applicable provisions of the Public Bid Law, when read in pari materia, lead us to conclude that Dynamic was required, at the opening of the bid, to present some form of written evidence or documentation (i.e., a copy of the company's current business record on file with the Secretary of State) substantiating that Jeffrey Hymel was, in fact, a member of the limited liability company and, thus, had the requisite authority to sign the bid on Dynamic's behalf. This interpretation is in accord with the Legislature's amendment to La. R.S. 38:2212 in 2014, which previously had not required "written evidence of the authority of the person signing the bid" on behalf of the bidder to be submitted "at the time ... for bid opening." To conclude otherwise would deem those words added by the Legislature in 2014 to be superfluous or without meaning or effect. Clearly, in rewording the statute, the Legislature intended to change the law and to now require, at the time of the opening of the bid, written evidence of the authority of the person signing the bid on the bidder's behalf. See Hamp's Constr., L.L.C. v. City of New Orleans, p. 4, 924 So.2d at 107.
Consequently, we hold that Dynamic's failure to include written evidence of Mr. Hymel's authority to sign the bid on Dynamic's behalf violates both the specific requirements of the Public Bid Law and the bid instructions published by the PPG. PPG's instructions warned the bidders that failure to submit written evidence of the authority of the person signing the bid on behalf of the bidding entity at the time of the bid opening would result in rescinding of any notice of award.
For the foregoing reasons, we find the PPG properly rescinded the initial award of the Contract to Dynamic in accordance with La. R.S. 38:2212 B(2) and (5), based on Dynamic's failure to present written evidence of the authority for Jeffrey Hymel to sign the bid proposal on Dynamic's behalf at the time of the bid opening in violation of Sections 1 C(1)(2) of the "Instructions to Bidders." Accordingly, we reverse the trial court's judgment granting Dynamic's preliminary injunction and writ of mandamus and dismissing Hamp's intervention, and remand the matter for further proceedings as may be deemed necessary.
We further note that Section 4 B(8) of the bid instruction further provides that the PPG reserved the right to reject any bid if "[t]he bid form is not properly signed or the authority to sign of the person submitting the bid is deemed insufficient or unacceptable."