reglab/housing_qa huggingface dataset:
LA Rev Stat § 39:1661 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1661. Contract clauses; administration

RS 1661 - Contract clauses; administration  A. Contract clauses. Regulations may permit or require the inclusion of clauses providing for equitable adjustments in prices, time for performance, or other contract provisions, as appropriate, including but not limited to the following subjects:  (1) The unilateral right of the state to order in writing changes in the work within the general scope of the contract in any one or more of the following:  (a) Drawings, designs, or specifications, if the supplies to be furnished are to be specially manufactured for the state in accordance therewith.  (b) Method of shipment or packing.  (c) Place of delivery.  (d) Security for contract performance.  (e) Insurance requirements including as appropriate but not limited to general liability, automobile coverage, workers' compensation, and errors and omissions.  (f) Beginning and ending dates of the contract.  (g) Maximum compensation to be paid the contractor.  (2) The unilateral right of the state to order in writing temporary stopping of the work or delaying of performance.  (3) Variations between estimated quantities of work in a contract and actual quantities.  (4) Manufacturers' design drawings shall be supplied in duplicate for all state buildings, to the appropriate state agency at the conclusion of contract.  B. Additional contract clauses. Regulations may permit or require the inclusion in state contracts of clauses providing for appropriate remedies and including but not limited to the following subjects:  (1) Liquidated damages as appropriate.  (2) Specified excuses for delay or nonperformance.  (3) Termination of the contract for default, and  (4) Termination of the contract in whole or in part for the convenience of the state.  C. In the event any contractor fails to fulfill or comply with the terms of any contract, the chief procurement officer may award the contract to the next lowest responsible bidder subject to acceptance by that bidder and charge the difference in cost to the defaulting vendor.  Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Amended by Acts 1982, No. 710, §1; Acts 2011, No. 210, §2, eff. July 1, 2011; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1662 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1662. Cost principles rules and regulations required

RS 1662 - Cost principles rules and regulations required The state chief procurement officer shall issue rules and regulations setting forth cost principles which shall be used: (1) as guidelines in the negotiation of (a) equitable adjustments for state directed changes or modifications in contract performance and (b) settlements of contracts which have been terminated; (2) to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for the reimbursement of costs, and (3) as appropriate in any other situation where the determination of the estimated or the incurred costs of performing contracts may be required. Added by Acts 1978, No. 772, §1; Acts 2014, No. 684, §3, eff. Jan. 1, 2015;Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1671.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1671.1. Resolution of disputes between the state chief procurement officer and using agencies

RS 1671.1 - Resolution of disputes between the state chief procurement officer and using agencies If a dispute arises between the state chief procurement officer and a using agency as to any items required to be certified by the using agency to the state chief procurement officer pursuant to R.S. 39:1623 and R.S. 39:1619(B), or any items that must be determined by the state chief procurement officer pursuant to the provisions of R.S. 39:1624, either the state chief procurement officer or the using agency may request the commissioner of administration to make a final determination on the matter. Added by Acts 1978, No. 772, §1. Acts 1985, No. 673, §1; Acts 2014, No. 864, §3, eff. Jan. 1, 2015; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1672.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1672.1. Applicability of Part

RS 1672.1 - Applicability of Part This Part applies only to those contracts solicited and entered into after the effective date of this Chapter, unless the parties agree in writing to its application to a contract entered into prior to that effective date. Added by Acts 1978, No. 772, §1; Acts 2014, No. 684, §3, eff. Jan. 1, 2015; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1672.2 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1672.2. Authority of the commissioner of administration

RS 1672.2 - Authority of the commissioner of administration Prior to the institution of any action in a court concerning any contract, claim or controversy, the commissioner of administration with the concurrence of the attorney general is authorized to compromise, pay, or otherwise adjust the claim by or against or a controversy with a contractor relating to a professional, personal, consulting, or social service contract entered into with the state under their respective authority, including a claim or controversy based on breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission. Nothing herein shall limit the authority of the commissioner of administration, pursuant to rules and regulations to issue, negotiate, or accept changes in the terms and conditions of a contract. When authorized, such compromise, payments, or adjustments shall be promptly paid; however, subject to any limitations or conditions imposed by rule or regulation, the commissioner of administration shall charge back all or any portion of such payments to the department or departments for whose benefit the contract was let. Added by Acts 1978, No. 772, §1; Acts 1985, No. 673, §1; Acts 2014, No. 684, §3, eff. Jan. 1, 2015; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1672.3 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1672.3. Action on contract claims

RS 1672.3 - Action on contract claims This Section applies to a claim by or controversy between the state and a contractor arising out of a contract for professional, personal, consulting, or social services. If such a claim or controversy is not resolved by mutual agreement, the commissioner of administration, or his designee, shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the contractor, shall state the reasons for the action taken, and shall inform the contractor of his right to judicial relief as provided in this Subpart. The decision shall be final and conclusive unless fraudulent, or unless the contractor institutes suit pursuant to this Subpart. If the commissioner of administration, or his designee, does not issue a written decision within one hundred twenty days after written request for a final decision, or within such longer period as may be established in writing by the parties to the contract, then the contractor may proceed as if an adverse decision had been received. Added by Acts 1978, No. 772, §1; Acts 1985, No. 673, §1; Acts 2014, No. 684, §3, eff. Jan. 1, 2015; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1672.4 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1672.4. Jurisdiction; actions in certain cases

RS 1672.4 - Jurisdiction; actions in certain cases A. The Nineteenth Judicial District Court, subject to appeal or review by the First Circuit Court of Appeal or by the supreme court, as otherwise permitted in civil cases by law and the state constitution, shall have jurisdiction over any claims arising out of a request for proposal or award of a contract, any controversies involving the state, or any other matters in connection with a petition for review of a decision made pursuant to this Chapter, following the exhaustion of administrative remedies as provided by law or regulation. B. In any action by a contractor based upon any express or implied contract or breach thereof, no action shall be maintained based upon any contract or any act of any state officer which the officer is not authorized to make or do by the laws of this state, unless the contractor, acting in good faith and without actual or constructive knowledge of the lack of authorization, has commenced performance under the apparent contract. In that event, the court may (1) cancel the contract and reimburse the contractor only for the actual expenses incurred in performing the work already performed or (2) where the best interests of the state require, allow the performance of the contract to continue. Added by Acts 1978, No. 772, §1; Acts 2008, No. 878, §1, eff. July 9, 2008; Acts 2008, No. 917, §1, eff. July 11, 2008; Acts 2014, No. 684, §3, eff. Jan. 1, 2015; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1673 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1673. Authority to resolve contract and breach of contract controversies other than professional, personal, consulting, and social services contracts

RS 1673 - Authority to resolve contract and breach of contract controversies other than professional, personal, consulting, and social services contracts A. Applicability. This Section applies to controversies between the state and a contractor and which arise under or by virtue of a contract between them. This includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission. Any contractor who seeks a remedy with regard to such controversy shall file a complaint with the chief procurement officer. B. Authority. The chief procurement officer or his designee is authorized, prior to the commencement of an action in court concerning the controversy, to settle and resolve, with the approval of the attorney general, a controversy described in Subsection A of this Section. This authority shall be exercised in accordance with regulations. C. Decision. If such a claim or controversy is not resolved by mutual agreement, the chief procurement officer or his designee shall promptly issue a decision in writing. The decision shall do all of the following: (1) State the reasons for the action taken. (2) Inform the contractor of its right to administrative and judicial review as provided in this Subpart. D. Notice of decision. A copy of the decision under Subsection C of this Section shall be mailed or otherwise furnished immediately to the contractor. E. Finality of decision. The decision under Subsection C of this Section shall be final and conclusive unless one of the following applies: (1) The decision is fraudulent. (2) The contractor has timely appealed administratively to the commissioner in accordance with R.S. 39:1685. F. Failure to render timely decision. If the chief procurement officer or his designee does not issue the written decision required under Subsection C of this Section within sixty days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision had been received. Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Amended by Acts 1988, No. 695, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1676 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1676. Applicability of this Subpart

RS 1676 - Applicability of this Subpart  The provisions of this Subpart apply where it is determined administratively, or upon administrative or judicial review, that a solicitation or award of a contract is in violation of law.  Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1677 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1677. Remedies prior to an award

RS 1677 - Remedies prior to an award If it is determined prior to award that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be cancelled. Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1678 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1678. Remedies after an award

RS 1678 - Remedies after an award If it is determined after an award that a solicitation or award of a contract is in violation of law, then: (1) If the person awarded the contract has not acted fraudulently or in bad faith: (a) The contract may be ratified and affirmed, provided it is determined in writing by the commissioner that doing so is in the best interests of the state and the law violation had no significant effect on the outcome of the contract award; or (b) The contract may be terminated and the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract prior to the termination, provided that any administrative determination of such costs shall be subject to the written concurrence of the attorney general. (2) If the person awarded the contract has acted fraudulently or in bad faith, the contract shall be declared null and void. Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1678.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1678.1. Damages

RS 1678.1 - Damages  A. Damages recoverable by any aggrieved person in any action brought pursuant to the provisions of R.S. 39:1671 or otherwise asserted at law, shall be limited exclusively to reasonable costs incurred in connection with the solicitation including bid preparation costs other than attorney fees.  B. Except as provided in Subsection E of this Section and R.S. 39:1678(1), damages recoverable by any contractor under any contract entered into pursuant to the provisions of this Chapter, shall be limited exclusively to the actual expenses reasonably incurred in performance of the contract.  C. The provisions of R.S. 49:965.1 shall not apply to actions instituted pursuant to the provisions of this Chapter.  D. Any administrative determination of costs or expenses recoverable by a contractor or aggrieved person under Subsections A and B of this Section shall be subject to the written concurrence of the attorney general.  E. In no event shall damages awarded by the chief procurement officer, his designee, any hearing officer or any court include attorney's fees or any incidental, indirect, special, or consequential damages, including but not limited to loss of use, revenue or profit whether reasonably certain or not.  Acts 1988, No. 961, §1; Acts 2006, No. 96, §1, eff. July 1, 2006; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1679 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1679. Violations; penalties

RS 1679 - Violations; penalties  A. No person shall intentionally violate the Louisiana Procurement Code or any rule or regulation promulgated by the commissioner of administration with respect to purchasing.  B. Any person who intentionally violates such law, rule, or regulation shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.  Added by Acts 1983, No. 252, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2020, No. 273, §2, eff. June 11, 2020.
LA Rev Stat § 39:1681 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1681. Authority of the commissioner of administration

RS 1681 - Authority of the commissioner of administration  The commissioner of administration shall have the authority to review and determine any appeal by an aggrieved person from a determination by the state chief procurement officer or his designee which is authorized by R.S. 39:1671, R.S. 39:1672, or R.S. 39:1673.  Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1682 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1682. Exempted departments

RS 1682 - Exempted departments The secretary who is vested with authority to promulgate regulations by R.S. 39:1581 shall have, within his department, the same authority and responsibilities to review and determine appeals of decisions of the chief procurement officer of his department as are vested in the commissioner of administration by this Subpart. Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1683 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1683. Protest of solicitations or awards

RS 1683 - Protest of solicitations or awards  A. Scope. This Section applies to an appeal addressed to the commissioner of a decision under R.S. 39:1671(C).  B. Time limitation on filing an appeal. The aggrieved person shall file an appeal within seven days of receipt of a decision under R.S. 39:1671(C).  C. Decision. On any appeal under Subsection A of this Section, the commissioner shall decide within fourteen days whether the solicitation or award was in accordance with the constitution, statutes, regulations, and the terms and conditions of the solicitation. Any prior determinations by the state chief procurement officer or his designee shall not be final or conclusive.  D. Notice of decision. A copy of the decision under Subsection C of this Section shall be mailed or otherwise furnished immediately to the protestant or any other party intervening.  E. Finality of decision. A decision under Subsection C of this Section shall be final and conclusive unless one of the following applies:  (1) The decision is fraudulent.  (2) The person adversely affected by the decision has timely appealed to the court in accordance with R.S. 39:1691(A).  Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1684 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1684. Suspension or debarment proceedings

RS 1684 - Suspension or debarment proceedings  A. Scope. This Section applies to a review by the commissioner of a decision under R.S. 39:1672.  B. Time limitation on filing an appeal. The aggrieved person shall file its appeal with the commissioner within fourteen days of the receipt of a decision under R.S. 39:1672(D).  C. Decision. The commissioner shall decide within fourteen days whether, or the extent to which, the debarment or suspension was in accordance with the constitution, statutes, regulations, and the best interests of the state, and was fair. Any prior determination by the state chief procurement officer or his designee shall not be final or conclusive.  D. Notice of decision. A copy of the decision under Subsection C of this Section shall be mailed or otherwise furnished immediately to the debarred or suspended person or any other party interviewing.  E. Finality of decision. A decision under Subsection C of this Section shall be final and conclusive unless one of the following applies:  (1) The decision is fraudulent.  (2) The debarred or suspended person has timely appealed an adverse decision of the Commissioner to the court in accordance with R.S. 39:1691(B).  Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1685 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1685. Contract and breach of contract controversies

RS 1685 - Contract and breach of contract controversies  A. Scope. This Section applies to a review by the commissioner of a decision under R.S. 39:1673.  B. Time limitation on filing an appeal. The aggrieved contractor shall file its appeal with the commissioner within fourteen days of the receipt of the determination under R.S. 39:1673(C).  C. Decision. The commissioner shall decide within fourteen days the contract or breach of contract controversy. Any prior determination by the state chief procurement officer or his designee shall not be final or conclusive.  D. Notice of decision. A copy of the decision under Subsection C of this Section shall be mailed or otherwise furnished immediately to the contractor.  E. Finality of decision. A decision under Subsection C of this Section shall be final and conclusive unless one of the following applies:  (1) The decision is fraudulent.  (2) The contractor has timely appealed an adverse decision of the commissioner to the court in accordance with R.S. 39:1691(C).  Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1691 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1691. Actions by or against the state in connection with contracts

RS 1691 - Actions by or against the state in connection with contracts  A. Solicitation and award of contracts. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and a bidder, offerer, or contractor, prospective or actual, to determine whether a solicitation or award of a contract is in accordance with the constitution, statutes, regulations, and the terms and conditions of the solicitation. Such actions shall extend to all kinds of actions, whether for monetary damages or for declaratory, injunctive, or other equitable relief.  B. Debarment or suspension. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and a person who is subject to a suspension or debarment proceeding, to determine whether the debarment or suspension is in accordance with the constitution, statutes, and regulations. Such actions shall extend to actions for declaratory, injunctive, or other equitable relief.  C. Actions under contracts or for breach of contract. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and a contractor who contracts with the state, for any cause of action which arises under or by virtue of the contract, whether the action is on the contract or for a breach of the contract or whether the action is for declaratory, injunctive, or other equitable relief.  D. Limited finality for administrative determinations. In any judicial action under this Section, factual or legal determination by employees, agents, or other persons appointed by the state shall have no finality and shall not be conclusive, notwithstanding any contract provision, regulation, or rule of law to the contrary, except to the extent provided in: R.S. 39:1630, R.S. 39:1671(E), R.S. 39:1672(F), R.S. 39:1673(E), R.S. 39:1683(E), R.S. 39:1684(E), and R.S. 39:1685(E).  E. Writs or appeals; district court decisions. Any party aggrieved by a final judgment or interlocutory order or ruling of the Nineteenth Judicial District Court may appeal or seek review thereof, as the case may be, to the Court of Appeal, First Circuit or the Supreme Court of Louisiana, as otherwise permitted in civil cases by law and the constitution.  Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2008, No. 789, §1, eff. July 7, 2008; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
LA Rev Stat § 39:1692 (2021)
2021 Louisiana Laws|Revised Statutes|Title 39 - Public Finance|§1692. Commencement of actions

RS 1692 - Commencement of actions A. Protested solicitations and awards. Any action under R.S. 39:1691(A) shall be commenced within fourteen days after receipt of the decision of the commissioner under R.S. 39:1683(C). B. Debarments and suspension for cause. Any action under R.S. 39:1691(B) shall be commenced within sixty days after receipt of the decision of the commissioner under R.S. 39:1684(C). C. Actions under contracts or for breach of contract controversies. Any action under R.S. 39:1691(C) shall be commenced within sixty days after receipt of the decision of the commissioner under R.S. 39:1685(C). Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 1983, No. 653, §1; Acts 1986, No. 883, §1, eff. July 10, 1986; Acts 1987, No. 608, §1, eff. July 9, 1987; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.