Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 55 - Procedures for Information Technology Hardware, Software, Software Maintenance and Support Services and Hardware Maintenance › Section I-5517 - Master Agreements; Clauses; Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				  39:198(E) authorizes the
				  state director of purchasing to enter into master agreements with vendors with
				  which the state conducts substantial business over a period of time and sets
				  forth the uses to which such master agreements may be put. Master agreements
				  may be approved in accordance with the following requirements.
B. Master agreements submitted for approval
				  shall, at a minimum, contain the following provisions:
1. any contract based on the master agreement
				  shall be governed by the laws of the state of Louisiana;
2. 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;
				  or
c. place of delivery;
3. the unilateral right of the
				  state to order in writing temporary stopping of the work or delaying of
				  performance;
4. variations between
				  estimated quantities of work in a contract and actual quantities;
5. liquidated damages as
				  appropriate;
6. specified excuses
				  for delay or nonperformance;
7.
				  termination of the contract for vendor's default;
8. termination of the contract in whole or in
				  part for the convenience of the state;
9. the vendor shall agree to indemnify the
				  state and hold the state harmless without limitation of liability;
10. the vendor shall agree to secure and
				  maintain insurance in such types and amounts as approved by the director of
				  state purchasing;
11. the vendor
				  agrees continuation of contracts in effect during more than one fiscal year is
				  contingent upon the appropriation of funds to fulfill the requirements of the
				  contract by the legislature. If the legislature fails to appropriate sufficient
				  monies to provide for the continuation of the contract or if such appropriation
				  is reduced by the veto of the governor or by any means provided in the
				  appropriations act or Title 39 of the
Louisiana Revised
				  Statutes
of 1950 to prevent the total appropriation for the year from
				  exceeding revenues for that year, or for any other lawful purpose, and the
				  effect of such reduction is to provide insufficient monies for the continuation
				  of the contract, the contract shall terminate on the date of the beginning of
				  the first fiscal year for which funds are not appropriated;
12. a ny changes mandated by state or federal
				  law, whether legislative or judicial, will be incorporated into the master
				  agreement; however, if such a change is not acceptable to either party, the
				  affected term or terms of the contract shall be renegotiated and, if agreement
				  cannot be reached, shall be stricken from the contract.