reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1581. State procurement regulations

RS 39:1581 - State procurement regulations
A. Regulations. Regulations promulgated by the commissioner in accordance with the Administrative Procedure Act shall govern all procurements by all governmental bodies except for:
(1) Regulations promulgated by the secretary of the Department of Transportation and Development governing procurement by that department, for procurement of materials and supplies that will become a component part of any road, highway, bridge, or appurtenance thereto.
(2) Regulations promulgated by the State Superintendent of Education governing the procurement of textbooks, scientific and laboratory equipment, teaching materials, teaching devices, and teaching supplies by the Department of Education.
B. Exempted departments. Secretaries of departments exempted under Subsection A of this Section shall promulgate regulations for the purposes set forth in accordance with the Administrative Procedure Act. Such regulations shall not be inconsistent with the provisions of this Chapter.
C. Delegation of power to promulgate regulations. The secretary shall not delegate his power to promulgate regulations. The commissioner may delegate his power to promulgate regulations to the state chief procurement officer.
D. Regulations shall not change existing contract rights. No regulation shall change any commitment, right, or obligation of the state or of a contractor under a contract in existence on the effective date of such regulation.
E. Incorporation of required clauses into contracts by operation of law only with consent of both parties. No clause which is required by regulation to be included shall be considered to be incorporated by operation of law in any state contract without the consent of both parties to the contract to such incorporation; provided, however, that the parties to the contract may give such consent to incorporation by reference at any time after the contract has been entered into and without the necessity of consideration passing to either party.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Amended by Acts 1986, No. 383, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1586. Relationship with using agencies

RS 39:1586 - Relationship with using agencies
The commissioner and the state chief procurement officer shall maintain a close and cooperative relationship with the using agencies. The state chief procurement officer shall afford each using agency reasonable opportunity to participate in and make recommendations with respect to matters affecting such using agency. Any using agency may at any time make recommendations to the commissioner or the state chief procurement officer, and the commissioner or state chief procurement officer may at any time make recommendations to any using agency.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1587. Procurement advisory council; other advisory groups

RS 39:1587 - Procurement advisory council; other advisory groups
A. Procurement advisory council. The commissioner may establish a Procurement Advisory Council. If created, such council, upon adequate public notice, shall meet at least once a year for the discussion of problems and recommendations for improvement in the procurement process. When requested by the commissioner, the procurement advisory council may conduct studies, research, and analyses and make such reports and recommendations with respect to such subjects or matters within the jurisdiction of the commissioner. The procurement advisory council shall consist of such qualified persons as the commissioner may deem desirable.
B. Other advisory groups. The state chief procurement officer may appoint advisory groups to assist with respect to specifications and procurement in specific areas and with respect to any other matters within the authority of the state chief procurement officer.
C. Drug procurement advisory council. The commissioner shall establish a Drug Procurement Advisory Council which shall be composed of persons from the division of administration and from using agencies of drugs procured by the division and persons qualified in the fields of medicine and pharmacy. The council shall advise the commissioner with respect to the procurement of drugs for any using agency by generic contract, as further provided in R.S. 39:1601.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 1983, No. 689, §1, eff. July 1, 1984; Acts 1984, No. 100, §1, eff. July 1, 1985; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1590. Reporting of certain professional, personal, consulting, and social services contracts for Fiscal Year 2015-2016 through Fiscal Year 2017-2018

RS 39:1590 - Reporting of certain professional, personal, consulting, and social services contracts for Fiscal Year 2015-2016 through Fiscal Year 2017-2018
A. In Fiscal Year 2015-2016 through 2017-2018, the commissioner of administration, in consultation with the state chief procurement officer, shall report each contract for professional, personal, consulting, and social services with a total dollar amount of fifty thousand dollars or more per year to the Joint Legislative Committee on the Budget and the Contract Services Joint Legislative Task Force for review.
B. Notwithstanding any provision of law to the contrary, this Section shall not apply to the following professional, personal, or consulting service contracts:
(1) Contracts of the secretary of state necessary to perform any constitutional or statutory function of the office.
(2) All contracts to implement the programs of the Louisiana Department of Health funded pursuant to Title XIX, Title XX, and Title XXI of the Social Security Act or funded fully or partially by federal funds.
(3) Contracts with state or local providers of indigent defender services necessary to perform any constitutional or statutory function.
(4) Contracts of a district attorney necessary to perform any constitutional, discretionary, or statutory function of the office, or to perform services under the child support enforcement program administered by the Department of Children and Family Services in accordance with the federal requirements of Title IV-D of the Social Security Act and corresponding state laws and regulations.
Acts 2015, No. 87, §1, eff. July 1, 2015; Acts 2016, No. 408, §1, eff. June 6, 2016; Acts 2016, No. 589, §1, eff. July 1, 2016.
NOTE: See Acts 2015, No. 87, §2, regarding effectiveness.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1593. Methods of source selection

RS 39:1593 - Methods of source selection
Unless otherwise authorized by law, all state contracts shall be awarded by one of the following methods:
(1) R.S. 39:1594, competitive sealed bids.
(2) R.S. 39:1595, competitive sealed proposals.
(3) R.S. 39:1596, small purchases.
(4) R.S. 39:1597, sole source.
(5) R.S. 39:1598, emergency procurements.
(6) R.S. 39:1600, other procurement methods:
(a) Unstable market conditions.
(b) Group purchasing.
(c) Used equipment.
(d) Reverse auctions.
(e) Negotiation of noncompetitive contracts.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 1988, No. 851, §1; Acts 1997, No. 3, §4, eff. July 1, 1997; Acts 1997, No. 692, §1; Acts 2001, No. 1032, §13; Acts 2004, No. 433, §1, eff. Oct. 1, 2004; Acts 2005, No. 178, §2, eff. June 28, 2005; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1595.1. Validity of professional, personal, consulting, and social service contracts

RS 39:1595.1 - Validity of professional, personal, consulting, and social service contracts
A. No contract shall be valid, nor shall the state be bound by the contract, until it has first been executed by the head of the using agency, or his designee, which is a party to the contract and the contractor, and has been approved in writing by the state chief procurement officer.
B. In cases where the head of the using agency wants to delegate authority to one or more of his subordinates to sign contracts on behalf of the agency, this delegation shall be made in accordance with regulations of the office of state procurement and shall be subject to the approval of the office of state procurement.
Added by Acts 1978, No. 772, §1; Acts 1981, No. 451, §1; Amended by Acts 1982, No. 307, §1; Acts 1985, No. 357, §1 by Acts 1982, No. 307, §1; Acts 1985, No. 673, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1596. Small purchases

RS 39:1596 - Small purchases
Procurements not exceeding the amounts established by executive order of the governor may be made in accordance with small purchase procedures prescribed by such executive order, except that procurement requirements shall not be artificially divided so as to constitute a small purchase under this Section.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 1997, No. 679, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1597. Sole source procurements

RS 39:1597 - Sole source procurements
A contract may be awarded for a required supply, service, or major repair without competition when, under regulations, the chief procurement officer or his designee above the level of procurement officer determines in writing that there is only one source for the required supply, service, or major repair item.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1598. Emergency procurements

RS 39:1598 - Emergency procurements
A. Conditions for use. The chief procurement officer or his designee above the level of procurement officer may make or authorize others to make emergency procurements when there exists an imminent threat to the public health, welfare, safety, or public property under emergency conditions as defined in accordance with regulations.
B. Written quotations. Every effort shall be made to obtain quotations from three or more vendors when supplies, services, or major repairs are to be purchased on an emergency basis, except for standard equipment parts for which prices are established. Immediate purchasing shall be discouraged as much as is practicable. When supplies, services, or major repairs are urgently required and time does not permit the obtaining of written quotations, the procurement officer may obtain quotations by telephoning or otherwise, but such quotations shall be made on the relative purchase requisitions. So far as practicable, quotations shall be secured from institutions of the state as provided by law.
C. Determination required. The chief procurement officer shall make a written determination of the basis of the emergency that includes the facts and circumstances leading to the conclusion that such procurement was necessary as well as a written determination detailing the steps taken prior to selecting a particular contractor and the basis for the final selection. The written determination shall be included in the contract file either prior to contracting or as soon thereafter as practicable.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1601. Contracts for drugs

RS 39:1601 - Contracts for drugs
Multisource generic drug contracts shall be used for the procurement of drugs approved by the Federal Drug Administration and listed in the Federal Drug Administration Prescription Drug Products with Therapeutic Equivalence Evaluations Compendium and Supplements for all using agencies. Such contracts shall be competitively bid at the lowest available price. However, a brand name contract may be used if there is only one source of supply for a particular drug or if the using agency certifies to the chief procurement officer that a justifiable medical reason exists for the use of a particular brand name drug. The chief procurement officer shall seek the advice of the Drug Procurement Advisory Council on all such requests other than declared emergencies.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 1983, No. 689, §1; Acts 1984, No. 100, §1, eff. July 1, 1985; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1602. Right to reject bids from Communist countries

RS 39:1602 - Right to reject bids from Communist countries
In awarding contracts for supplies, any public entity is authorized to reject the lowest bid if received from a bidder domiciled in a Communist country, or if the supplies are manufactured in a Communist country, including but not limited to Russia, China, North Korea, and Vietnam, and to award the contract to the next lowest bidder, provided this Section shall not apply to any country having established trade relations agreements or approvals from the government of the United States.
Acts 1985, No. 922, §2; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1603. Limitations on consultants competing for contracts

RS 39:1603 - Limitations on consultants competing for contracts
A. Any person contracting with an agency for the purposes of developing bidding documents, requests for proposals, or any other type of solicitation related to a specific procurement shall be prohibited from bidding, proposing, or otherwise competing for award of that procurement. Such persons shall further be prohibited from participating as subcontractors related to the award of that procurement.
B. For the purposes of this Section, the following activities shall not be considered "developing bidding documents, requests for proposals, or any other type of solicitation":
(1) Architectural and engineering programming.
(2) Master planning.
(3) Budgeting.
(4) Feasibility analysis.
(5) Constructability review.
(6) Furnishing specification data or other product information.
(7) Any other services that do not establish selection qualifications or evaluation criteria for the procurement of an architect or engineer.
Acts 2008, No. 598, §2, eff. July 1, 2008; Acts 2009, No. 433, §2; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
NOTE: Redesignated in part and amended by Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1604.1. Preference in awarding contracts

RS 39:1604.1 - Preference in awarding contracts
A. In the awarding of contracts by any public entity, except contracts for the construction, maintenance, or repair of highways and streets, and contracts financed in whole or in part by contributions or loans from any agency of the United States government, where both in-state and out-of-state vendors are bidding, in-state vendors shall be given a preference in the same manner that any of the out-of-state vendors would be given on a comparative bid in their own state. If one party to a joint venture is qualified under this Section as a vendor domiciled in Louisiana, this qualification shall extend to all parties to the joint venture. For the purpose of this Section, a foreign corporation which was qualified to do business in the state of Louisiana in the manner required by law more than six months prior to the advertising of bids on a contract shall be considered to be a vendor domiciled in the state of Louisiana for the purpose of awarding the contract.
B. For purposes of determination of the lowest responsible bidder, when letting contracts where bids are received from in-state vendors and out-of-state vendors, local sales and use taxes shall be excluded from the bid.
C. The provisions and requirements of this Section shall not be waived by any public entity.
Added by Acts 1978, No. 772, §1; Acts 1981, No. 451, §1; Amended by Acts 1982, No. 307, §1; Acts 1985, No. 357, §1 by Acts 1982, No. 307, §1; Acts 1985, No. 673, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1604.2. Preference in letting contracts for public work

RS 39:1604.2 - Preference in letting contracts for public work
A.(1) In the letting of contracts for public work by any public entity, except contracts financed in whole or in part by contributions or loans from any agency of the United States government:
(a) Preference shall be given to contractors domiciled in the state of Louisiana over contractors domiciled in a state that provides for a preference in favor of contractors domiciled in that state over contractors domiciled in the state of Louisiana for the same type of work.
(b) Contractors domiciled in the state of Louisiana are to be granted the same preference over contractors domiciled in such state favoring contractors domiciled therein with a preference over contractors domiciled in the state of Louisiana in the same manner and on the same basis and to the same extent that such preference may be granted in letting contracts for the same type of work by such other state to contractors domiciled therein over contractors domiciled in the state of Louisiana.
(2) If one party to a joint venture is qualified under this Section as a contractor domiciled in Louisiana, this qualification shall extend to all parties to the joint venture.
(3) For the purpose of this Section, a foreign corporation that has qualified to do business in the state of Louisiana in the manner required by law more than six months prior to the advertising for bids on a contract for public work shall be considered to be a contractor domiciled in the state of Louisiana for the purpose of letting the contract.
B. The provisions and requirements of this Section shall not be waived by any public entity.
Added by Acts 1983, No. 43, §2, eff. June 17, 1983; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1604.3. Preference in awarding contracts for certain services

RS 39:1604.3 - Preference in awarding contracts for certain services
In the awarding of contracts by any public entity, for services to organize or administer rodeos and livestock shows, where state-owned facilities will be used to house or contain such activities, and where both in-state and out-of-state vendors are bidding, in-state vendors shall be given preference, provided such services are equal in quality and do not exceed in cost by more than ten percent those services available from outside the state.
Acts 1984, No. 211, §1, eff. June 29, 1984; Acts 2000, 1st Ex. Sess., No. 123, §§2, 4, eff. July 1, 2000; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1604.5. Preference for items purchased from Louisiana retailers

RS 39:1604.5 - Preference for items purchased from Louisiana retailers
A. When purchasing items at retail, every procurement officer under the provisions of this Chapter or other person acting as purchasing agent shall purchase items from a retail dealer located in the state of Louisiana which items are equal in quality to items purchased from a retail dealer located outside the state, provided the cost of items purchased from a retail dealer located in this state does not exceed by more than ten percent the cost of items purchased from a retail dealer located outside the state.
B. A retail dealer shall qualify for the preference if the dealer can show that he has paid Louisiana corporate income, corporate franchise, and inventory taxes or any combination thereof during the previous twelve-month period.
C. Retailers domiciled in the state of Louisiana are to be granted the same preference over retailers domiciled in the state favoring retailers domiciled therein with a preference over retailers domiciled in the state of Louisiana in the same manner and on the same basis and to the same extent that such preference may be granted in purchasing items of the same type by such other state to retailers domiciled therein over retailers domiciled in the state of Louisiana.
Acts 1985, No. 356, §1; Acts 1990, No. 550, §1; Acts 2000, 1st Ex. Sess., No. 123, §§2,4, eff. July 1, 2000; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1604.6. Preference for steel rolled in Louisiana

RS 39:1604.6 - Preference for steel rolled in Louisiana
A. When purchasing steel, every person acting as purchasing agent for any agency, board, commission, department, or other instrumentality of the state or of a parish, municipality, or other unit of local government, including a levee board, drainage district, school board, or special district, shall purchase steel rolled in this state which is equal in quality to steel rolled outside the state, provided the cost of steel rolled in this state does not exceed by more than ten percent the cost of steel which is rolled outside the state.
B. The provisions of this Section shall not apply when sufficient quantities of steel rolled in Louisiana are not available.
Acts 1985, No. 763, §2; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1604.7. Preference for items manufactured in the United States; definitions

RS 39:1604.7 - Preference for items manufactured in the United States; definitions
A. This Section may be cited as the "Procurement of Domestic Products Act".
B. As used in this Section, the following definitions shall apply:
(1) "Manufactured in the United States" means produced by a process in which the manufacturing, final assembly, processing, packaging, testing, and any other process that adds value, quality, or reliability to assembled articles, materials, or supplies, occur in the United States.
(2) "United States" means the United States and any place subject to the jurisdiction of the United States.
C. In the event a contract is not entered into for products purchased under the provisions of R.S. 39:1595, each procurement officer, purchasing agent, or similar official who procures or purchases materials, supplies, products, provisions, or equipment under the provisions of this Chapter may purchase such materials, supplies, products, provisions, or equipment which are manufactured in the United States, and which are equal in quality to other materials, supplies, products, provisions, or equipment, provided that all of the following conditions are met:
(1) The cost of such items does not exceed the cost of other items which are manufactured outside the United States by more than five percent.
(2) The vendor of such items agrees to sell the items at the same price as the lowest bid offered on such items.
(3) In cases where more than one bidder offers items manufactured in the United States which are within five percent of the lowest bid, the bidder offering the lowest bid on such items is entitled to accept the price of the lowest bid made on such items.
(4) The vendor certifies that such items are manufactured in the United States.
D. The office of state procurement may promulgate rules and regulations for the implementation of this Section in accordance with the Administrative Procedure Act.
Acts 2011, No. 369, §1, eff. July 1, 2011; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1605. Cancellation of invitations for bids or requests for proposals

RS 39:1605 - Cancellation of invitations for bids or requests for proposals
An invitation for bids, a request for proposals, or other solicitation may be cancelled, or all bids or proposals may be rejected, only if it is determined in writing by the chief procurement officer or his designee that such action is taken in the best interests of the state.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1627. Modification of contracts

RS 39:1627 - Modification of contracts
The office of state procurement may adopt and promulgate rules and regulations permitting or requiring the insertion in contracts for the procurement of professional, personal, consulting, and social services appropriate clauses to enable the state to effect desired changes and modifications to such contracts.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1628. Termination of contracts

RS 39:1628 - Termination of contracts
A. The office of state procurement may adopt and promulgate rules and regulations relating to the termination of contracts for the procurement of professional, personal, consulting, and social services for the default of the contractor.
B. The office of state procurement is authorized to issue rules and regulations relating to the termination of contracts for the procurement of professional, personal, consulting, and social services for the convenience of the state.
Added by Acts 1978, No. 772, §1; Acts 1985, No. 673, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1629. Right to inspect plant

RS 39:1629 - Right to inspect plant
The state may, at reasonable times, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the state.
Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1629.1. Right to audit records

RS 39:1629.1 - Right to audit records
A. Audit of persons submitting cost or pricing data. The state may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data pursuant to R.S. 39:1608 to the extent that such books and records relate to such cost or pricing data.
B. Contract audit. The state shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed-price contract to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of five years from the date of final payment under the prime contract and by the subcontractor for a period of five years from the date of final payment under the subcontract.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1630. Finality of determinations

RS 39:1630 - Finality of determinations
The determinations required by R.S. 39:1568.1, R.S. 39:1597, R.S. 39:1598(C), R.S. 39:1605, R.S. 39:1606, R.S. 39:1608(C), R.S. 39:1612(A), and R.S. 39:1614 are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1630.1. Record of certain procurement actions

RS 39:1630.1 - Record of certain procurement actions
The chief procurement officer shall retain all contracts made under R.S. 39:1597 or R.S. 39:1598 for a minimum of six years.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1631. Direct purchase of insurance

RS 39:1631 - Direct purchase of insurance
Notwithstanding any other law to the contrary, the state may purchase insurance policies covering any property or insurable interests or activities of the state directly from insurers or underwriters, without the necessity for signature or countersignature of such policies, and in lieu thereof such policy shall be signed by an official or designated representative of the company issuing the policy.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1632. Splitting of commissions prohibited

RS 39:1632 - Splitting of commissions prohibited
It shall be unlawful for an agent to split, pass on, or share with any person, group, organization, or other agent, except the state of Louisiana, all or any portion of the commission derived from the sale of insurance to the state; except that on policies involving properties or exposure in more than one geographic area of the state, said commission may be split, shared, or passed on if authorized in writing by the commissioner of administration. In any such instance where the sharing of a commission on state insurance is authorized, it shall be only with a bona fide insurance agent. Whoever violates the provisions of this Section shall, upon conviction, be fined not less than one thousand dollars nor more than five thousand dollars and shall be imprisoned for not more than two years.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1633. Authorization constitutes public record

RS 39:1633 - Authorization constitutes public record
Such written authorization as required by R.S. 39:1632 shall constitute a public record as defined in Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1641. Budget for acquisition of housing space and leases by budget units

RS 39:1641 - Budget for acquisition of housing space and leases by budget units
A. Contracts and agreements by and in name of state agencies. All contracts and agreements for the lease or rental of space for the housing of state agencies, their personnel, operations, equipment, or activities shall be made in the name of and by the authorized representative or representative body of the state agency but shall be made and entered into only with the approval of the commissioner of administration. The cost of such housing shall be provided for in and defrayed from the budgets of the using agencies.
B. Contracts and agreements by and in name of the state, executed by the commissioner.
(1) When a contract or agreement for the lease or rental of space for the housing of state agencies, their personnel, operation, equipment, or activities, shall pertain to more than one building or facility or shall pertain to a building or facility which is to house more than one state agency, their personnel, operation, equipment, or activities, such contract or agreement may be made in the name of the state and executed by the commissioner of administration, rather than in the name of and by an authorized representative or a representative body of the state agency or agencies to be housed in such building or buildings or facility or facilities.
(2) The commissioner of administration shall allocate space to one or more state agencies in the building or buildings or facility or facilities to which such contract or agreement pertains and shall allocate the cost of such housing to or among such using agency or agencies, which cost shall be provided for in and defrayed from the budgets of the using agency or agencies. The commissioner shall determine the amount of the allocations of the costs of such housing to the various agencies using such building or buildings and facility or facilities in such manner so that the aggregate of the amount so allocated equals the total cost of such housing.
C. Definition of "agency." The definition of "agency" stated in R.S. 39:2(2) shall be the sole definition of the term "state agency" employed in connection with the acquisition of housing space in this and following Sections, and the fact that an agency is supported by fees or taxes collected by, or dedicated to, the agency or which otherwise receives its operating funds through means other than direct appropriations, shall not be a test as to whether this Section shall be applicable to an agency of the state.
D. Applicability. The provisions of this Subpart shall be applicable to all agencies meeting the definition of R.S. 39:2(2) established by the laws of Louisiana.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Amended by Acts 1982, No. 137, §3, eff. July 12, 1982; Acts 1985, No. 880, §3, eff. July 23, 1985; Acts 1988, No. 919, §§1, 3; Acts 1997, No. 600, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1642. Uniform space standards; inventory and evaluation of budget unit space utilization

RS 39:1642 - Uniform space standards; inventory and evaluation of budget unit space utilization
A. Uniform space standards. The division of administration shall prepare and utilize a uniform set of standards for determining space needs for state agencies. These standards shall also provide for a uniform method of measuring square footage or other measurements used as the basis for lease payments or other charges.
B. Inventory of state space. The division of administration shall conduct and maintain a complete inventory of state space, both owned and leased.
C. Evaluation of space utilization. The division of administration shall evaluate the utilization of all leased space on a continuing basis to determine the feasibility of locating state agencies in buildings to be purchased and/or constructed by the state.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1643. Advertisement and award of lease bids

RS 39:1643 - Advertisement and award of lease bids
A. Every lease for the use of five thousand square feet or more of space in a privately owned building entered into by a state agency as lessee shall be awarded pursuant to R.S. 39:1594 in accordance with the conditions for use set forth in that Section and only after evaluation of the bids in accordance with the specific criteria contained in the invitation for bids as authorized by R.S. 39:1594(F)(2). No such lease shall extend beyond a period of ten years.
B. The ten-year limitation shall not be applicable to the management boards created under Article VIII, Sections 6 and 7 of the 1974 Louisiana Constitution.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 1985, No. 416, §2; Acts 1988, No. 919, §1; Acts 1995, No. 635, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1646. Acquisition of motor vehicles; minimum requirements for fuel efficiency; exceptions

RS 39:1646 - Acquisition of motor vehicles; minimum requirements for fuel efficiency; exceptions
A. Any purchase or lease of a motor vehicle by an agency which is covered by this Chapter shall be made in accordance with the provisions of this Subpart. Such vehicles shall have, at the time of acquisition, a fuel efficiency rating of no less than eighteen miles per gallon for city driving and no less than twenty-eight miles per gallon for highway driving, or a combined city/highway average of twenty-four miles per gallon.
B. For purposes of this Subpart, "motor vehicle" shall include the following vehicles as they are specified or defined in administrative rule or regulation prescribed by the commissioner of administration pursuant to Part XIII of Chapter 1 of Title 39 of the Louisiana Revised Statutes of 1950: alternative fuel vehicle, sedan, and station wagon.
C. For purposes of this Subpart, "motor vehicle" shall not include the following:
(1) A vehicle to be used by law enforcement personnel, certified first responders and emergency personnel when required for the performance of their duties, or a vehicle used in the conduct of military activities.
(2) A vehicle to be used by any state employee when written authorization for such purchase has been provided by the department head to the commissioner of administration and approved by him, or a vehicle to be used by an employee of a political subdivision of the state when the governing authority of the political subdivision authorizes such purchase.
Acts 2008, No. 592, §1, eff. July 1, 2008; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1647. Procurement of seats in public seating areas of state buildings; requirements for seats with arms; exceptions

RS 39:1647 - Procurement of seats in public seating areas of state buildings; requirements for seats with arms; exceptions
A. Except as provided in Subsection B of this Section, when the procurement officer of a using agency covered by this Chapter makes any purchase of seats for public seating areas following the renovation or construction of a state building, no fewer than five percent of the total seats purchased shall have arms.
B. This Section shall not apply to any of the following:
(1) Seating located in instructional spaces at public educational institutions.
(2) Seating areas located in stadiums, coliseums, arenas, or similar buildings used as sport or entertainment venues.
(3) Cafeterias or other food service areas.
Acts 2014, No. 416, §1.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1648. Medicaid contracts or subcontracts for pharmacy benefit manager services

RS 39:1648 - Medicaid contracts or subcontracts for pharmacy benefit manager services
A. Contracts for pharmacy benefit manager services, either directly with the Louisiana Department of Health or as a subcontractor or subsidiary of a managed care organization that has a contract with the Louisiana Department of Health, shall be awarded based only on the following provisions:
(1) Any contract for pharmacy benefit manager services shall be limited to a transaction fee only, based on a set rate established by the Louisiana Department of Health to be paid to the pharmacy benefit manager for each Medicaid pharmacy claim processed.
(2) No pharmacy benefit manager may retain any portion of state supplemental rebates or credits submitted to the state by any pharmaceutical manufacturer.
(3) No pharmacy benefit manager may retain any portion of "spread pricing". For purposes of this Section, "spread pricing" shall mean any amount charged or claimed by a pharmacy benefit manager to a managed care organization that is in excess of the amount paid to the pharmacy that filled the prescription.
B. Any Louisiana Department of Health contract in existence on August 1, 2018, with a pharmacy benefit manager or with a managed care organization that subcontracts or has a subsidiary pharmacy benefit manager may be amended to comply with the provisions of this Section. The department may terminate the contract with any managed care organization or pharmacy benefit manager who is not willing to amend their contract to comply with the provisions of this Section, and the provision of this service shall be opened for bid to other pharmacy benefit managers in accordance with the Louisiana Procurement Code, R.S. 39:1551 et seq.
C.(1) After August 1, 2018, any subsequent requests for proposal issued by the Louisiana Department of Health for Medicaid managed care organization services that include the provision of pharmacy or pharmacy benefit manager services shall include the provisions of Subsection A of this Section.
(2) The Louisiana Department of Health may procure and negotiate pharmacy benefit manager contracts through the use of a reverse auction pursuant to R.S. 39:1600(D) and 1600.1 and the requirements of this Section.
D. No pharmacy benefit manager or Medicaid managed care organization that subcontracts or has a subsidiary pharmacy benefit manager shall deny any Louisiana licensed pharmacy or Louisiana licensed pharmacist the right to be a participating provider in the managed care organization or pharmacy benefit manager's provider network if the pharmacy or pharmacist meets all requirements of participation in the state Medicaid program.
E. The Louisiana Department of Health shall promulgate rules as may be necessary to comply with the provisions of this Section in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
Acts 2018, No. 483, §1; Acts 2021, No. 102, §2.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1651. Duties of the commissioner of administration

RS 39:1651 - Duties of the commissioner of administration
The commissioner shall promulgate regulations governing the preparation, maintenance, and content of specifications for supplies, services, and major repairs required by the state.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1651.1. Shrimp specifications

RS 39:1651.1 - Shrimp specifications
Notwithstanding any other provision of law to the contrary, regulations promulgated by the commissioner of administration or other purchasing entity, governing the purchase or use of shrimp shall require that the bid specify the count size of such shrimp and not specify size as "jumbo", "extra large", "medium", "small" or any other similar term or nomenclature used in the shrimping industry.
Acts 2001, No. 706, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1652. Duties of the chief procurement officer

RS 39:1652 - Duties of the chief procurement officer
The chief procurement officer shall prepare, issue, revise, and monitor the use of specifications for required supplies, services, and major repairs.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1653. Exempted items

RS 39:1653 - Exempted items
Specifications for supplies, services, or major repairs exempted pursuant to R.S. 39:1572 may be prepared by a purchasing agency in accordance with the provisions of this Part and regulations promulgated hereunder by the head of the governmental body granted authority to promulgate regulations by R.S. 39:1581.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1654. Relationship with using agencies

RS 39:1654 - Relationship with using agencies
The state chief procurement officer shall obtain advice and assistance from personnel of using agencies in the determination of needs and development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own specifications, subject to regulations.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1655. Maximum practicable competition

RS 39:1655 - Maximum practicable competition
A. All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the needs of the state, and shall not be unduly restrictive. A specification may be drafted which describes a product which is proprietary to one company only when one of the following applies:
(1) No other kind of specification is reasonably available for the state to describe its requirements.
(2) There is a requirement for specifying a particular design or make of product due to factors of compatibility, standardization, or maintainability.
(3) Such specification includes language which specifically permits an equivalent product to be supplied. Such specification shall include a description of the essential characteristics of the product.
(4) Such specification is determined to be in the best interest of the state as provided for by R.S. 39:1568.1.
B. Except as provided in Paragraph (A)(2) of this Section, whenever such proprietary specifications are used, the specifications shall clearly state that they are used only to denote the quality standard of supplies, services, or major repairs desired and that they do not restrict bidders to the specific brand, make, manufacturer, or specification named; that they are used only to set forth and convey to prospective bidders the general style, type, character, and quality of supplies, services, or major repairs desired; and that equivalent supplies, services, or major repairs will be acceptable.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Amended by Acts 1981, No. 452, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1656. Escalation clause

RS 39:1656 - Escalation clause
Bid specifications may contemplate a fixed escalation or de-escalation in accordance with a recognized price index. Such index may include but not be limited to the United States Bureau of Labor Statistics, Consumer Price Index and Wholesale Price Index. Bids based on specifications which are subject to a recognized escalation index shall be legal and valid.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1657. Specifications prepared by architects and engineers

RS 39:1657 - Specifications prepared by architects and engineers
The requirements of this Part regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications, including but not limited to those proposed by architects, engineers, designers, and draftsmen for public contracts.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
2023 Louisiana Laws › Revised Statutes › Title 39 - Public Finance › §39:1658. Purchase of prostheses, orthoses, prosthetic services, and orthotic services by a state agency from an accredited facility

RS 39:1658 - Purchase of prostheses, orthoses, prosthetic services, and orthotic services by a state agency from an accredited facility
Notwithstanding any other provision of law to the contrary, regulations promulgated by the commissioner of administration or other purchasing entity governing the purchase of prostheses, orthoses, prosthetic services, or orthotic services shall require that such services shall be purchased only from an accredited facility as provided in R.S. 40:1225.1; however, nothing in this Section shall prohibit a licensed occupational therapist or a licensed physical therapist from practicing within his scope of practice. In addition, the provisions of this Section shall not apply to a licensed optometrist, ophthalmologist, podiatrist, or orthopedist.
Acts 2006, No. 726, §2, eff. June 29, 2006; Acts 2008, No. 732, §1, eff. Jan. 1, 2009; Acts 2010, No. 255, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2022, No. 271, §3.