reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 6 - Reverse Auctions › Section V-605 - Addenda Modifying a Reverse Auction [Formerly LAC 34:I.605]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Addenda will be
				issued in accordance with
				§505 of these
				rules.
B. It is the responsibility
				of the bidder to obtain any solicitation amendment(s) if the solicitation and
				addenda are posted on the state's internet-based system for posting bid
				opportunities.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 6 - Reverse Auctions › Section V-607 - Price Submittals [Formerly LAC 34:I.607]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bidders may submit multiple prices during
				the event. The lowest price offered will become the price portion of the bid
				response.
B. The preference
				provisions of
				R.S.
				39:1595, 1595.1, 1595.2, 1595.3, 1595.6, and
				1595.7 shall apply to the reverse auction process.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 6 - Reverse Auctions › Section V-609 - Withdrawal of Bids [Formerly LAC 34:I.609]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Withdrawal of bids will be handled in
				accordance with
				§521 of these
				rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 6 - Reverse Auctions › Section V-611 - Tie Bids [Formerly LAC 34:I.611]

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event that multiple bidders submit
				identical prices for the same goods or services, the bid received first will be
				considered to be the lowest. Any other identical bids received later will be
				considered in the order received.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 6 - Reverse Auctions › Section V-613 - Rejected Bids [Formerly LAC 34:I.613]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The awarding authority may reject any bid,
				in whole or in part, if any of the following occur:
1. bids offered for materials, supplies,
				services, products, or equipment that are not in compliance with the
				requirements, specifications, terms or conditions as stated in the reverse
				auction;
2. the price of the lowest
				responsive and responsible bid exceeds the amount budgeted for the
				procurement;
3. it is determined
				that awarding any item is not in the best interest of the
				agency/department.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 6 - Reverse Auctions › Section V-615 - Public Viewing of Auction Event [Formerly LAC 34:I.615]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The public may view the internet auction
				event which will be conducted such that the names of the bidders will not be
				disclosed until after the completion of the auction, at which time the event
				record will be available to the public.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 6 - Reverse Auctions › Section V-617 - Security [Formerly LAC 34:I.617]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All reverse auctions shall be conducted in
				accordance with the electronic security requirements of the Office of
				Information Technology.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 7 - Small Purchases › Section V-701 - Small Purchases [Formerly LAC 34:I.701]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any procurement not exceeding the amount
				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.
B. Any person who intentionally violates this
				Part will be penalized in accordance with
				R.S.
				39:1679.
C. See appropriate Executive Order entitled
				"Small Purchases."
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 9 - Sole Source Procurement › Section V-901 - Application [Formerly LAC 34:I.901]

Current through Register Vol. 50, No. 6, June 20, 2024
A. These provisions shall apply to all sole
				source procurement unless emergency conditions exist as defined in Chapter 11
				(Emergency Procurement) of these regulations.
B. Repealed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 9 - Sole Source Procurement › Section V-905 - Conditions for Use of Sole Source Procurement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Determination
1. The determination as to whether a
				procurement of a supply, service, or major repair item or a professional,
				personal, consulting, or social services contract award shall be made as a sole
				source shall be made by the state chief procurement officer, a chief
				procurement officer or either officers designee upon sufficient factors and
				cause, and shall be in the best interests of the state. Such determination
				shall be in writing. Such officer may specify the application of such
				determination and its duration. In cases of reasonable doubt, competition
				should be solicited. Any request by a using agency that a procurement be
				restricted to one potential contractor shall be in writing and accompanied by
				an explanation as to why no other will be suitable or acceptable to meet the
				need.
2. Sole source procurement is
				permissible only if a requirement is available from a single supplier. A
				requirement for a particular proprietary item does not justify a sole source
				procurement if there is more than one potential bidder or proposer for that
				item. Examples of circumstances which could necessitate sole source procurement
				are:
a. where the compatibility of equipment,
				accessories, or replacement parts is the paramount consideration;
b. where a sole supplier's item is needed for
				trial use or testing;
c.
				procurement of items for resale;
d.
				procurement of public utility and services;
e. - f. Repealed.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 9 - Sole Source Procurement › Section V-907 - Record of Sole Source Procurement

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				record of sole source procurement shall be maintained that lists:
1. each contractor's name;
2. the amount and type of each
				contract;
3. a listing of the
				supplies, services, major repairs, or professional, personal, consulting or
				social services procured under each contract; and
4. the identification number of each contract
				file.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 11 - Emergency Procurement › Section V-1101 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions
				of this Chapter apply to every procurement made under emergency conditions that
				will not permit other source selection methods to be used.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 11 - Emergency Procurement › Section V-1103 - Definition of Emergency Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				An emergency condition is a situation which creates a threat to public health,
				welfare, safety, or public property such as may arise by reason of floods,
				epidemics, riots, equipment failures, or such other reason as may be proclaimed
				by the chief procurement officer. The existence of such condition creates an
				immediate and serious need for supplies, services, major repairs, or
				professional, personal, consulting or social services that cannot be met
				through normal procurement methods and the lack of which would seriously
				threaten:
1. the functioning of Louisiana
				government;
2. the preservation or
				protection of property; or
3. the
				health or safety of any person.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 11 - Emergency Procurement › Section V-1105 - Scope of Emergency Procurement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Emergency procurement shall be limited to
				only those supplies, services, major repairs, or professional, personal,
				consulting or social services necessary to meet the emergency.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 11 - Emergency Procurement › Section V-1107 - Authority to Make Emergency Procurement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any state agency may make emergency
				procurements in accordance with
				R.S.
				39:1598 and
				R.S.
				39:1600(E), when an
				emergency condition arises and the need cannot be met through normal
				procurement methods. Prior to all such emergency procurements, the chief
				procurement officer or his designee shall approve the procurement.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 11 - Emergency Procurement › Section V-1109 - Source Selection Methods [Formerly LAC 34:I.1109]

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The source selection method used
				shall be selected with a view to the end of assuring that the required
				supplies, services, or major repair items are procured in time to meet the
				emergency. Given this constraint, such competition as is practicable should be
				obtained. Any offer accepted shall be confirmed in writing.
B. After Unsuccessful Competitive Sealed
				Bidding. Competitive sealed bidding is unsuccessful when bids received pursuant
				to an invitation to bid are unreasonable, noncompetitive, or the low bid
				exceeds available funds as certified by the appropriate fiscal officer, and
				time or other circumstances will not permit the delay required to resolicit
				competitive sealed bids. If emergency conditions exist after or are brought
				about by an unsuccessful attempt to use competitive sealed bidding, an
				emergency procurement may be made.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 11 - Emergency Procurement › Section V-1111 - Determination and Record of Emergency Procurement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Determination. The procurement officer or
				the head of a purchasing agency shall make a written determination stating the
				basis for any emergency procurement or award of a contract, and for the
				selection of a particular contractor. Such determination shall be sent promptly
				to the chief procurement officer for approval or rejection.
B. Record
1. A record of emergency procurement shall be
				maintained in a form/format determined by the director of the Office of State
				Procurement that lists, for those entities under its jurisdiction, at a
				minimum, the following:
a. each contractor's
				name;
b. the amount and type of
				each contract;
c. a listing of the
				supplies, services, major repairs, or professional, personal, consulting or
				social services procured under each contract; and
d. the identification number of each contract
				file.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 13 - Cancellation of Solicitations; Rejection of Bids or Proposals › Section V-1301 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions
				of this Chapter shall govern the cancellation of solicitations issued by the
				state and rejections of bids or proposals in whole or in part.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 13 - Cancellation of Solicitations; Rejection of Bids or Proposals › Section V-1303 - Policy [Formerly LAC 34:I.1303]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Solicitations should only be issued when
				there is a funded, valid need unless the solicitation states that it is for
				informational purposes only. Preparing and distributing a solicitation requires
				the expenditure of state time and funds. Businesses likewise incur expense in
				examining and responding to solicitations. Therefore, although issuance of a
				solicitation does not compel award of a contract, a solicitation is to be
				canceled only when it is in the state's best interests.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 13 - Cancellation of Solicitations; Rejection of Bids or Proposals › Section V-1305 - Cancellation of Solicitations-Notice [Formerly LAC 34:I.1305]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each solicitation issued by the state
				shall state that the solicitation may be canceled as provided in these
				regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 13 - Cancellation of Solicitations; Rejection of Bids or Proposals › Section V-1307 - Reasons for Cancellation

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				solicitation may be canceled in whole or in part when the chief procurement
				officer or the head of a purchasing agency determines in writing that such
				action is in the state's best interest for reasons including but not limited
				to:
1. the state no longer requires the
				supplies, services, or major repairs;
2. proposed amendments to the solicitation
				would be of such magnitude that a new solicitation is desirable;
3. ambiguous or otherwise inadequate
				specifications were part of the solicitation;
4. the solicitation did not provide for
				consideration of all factors of significant cost to the state;
5. prices exceed available funds and it would
				not be appropriate to adjust quantities to come within available
				funds;
6. all otherwise acceptable
				bids received are at unreasonable prices; or
7. there is reason to believe that the bids
				or proposals may not have been independently arrived at in open competition,
				may have been collusive, or may have been submitted in bad faith.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 13 - Cancellation of Solicitations; Rejection of Bids or Proposals › Section V-1309 - Rejection of Individual Bids or Proposals

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. This Subsection applies to
				rejections of individual bids or proposals in whole or in part.
1.
Proposals
(as used in
				this Section)-competitive responses solicited in accordance with
				R.S.
				39:1595 and Chapter 26 of these
				regulations.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 13 - Cancellation of Solicitations; Rejection of Bids or Proposals › Section V-1311 - Disposition of Bids or Proposals [Formerly LAC 34:I.1311]

Current through Register Vol. 50, No. 6, June 20, 2024
A. When bids or proposals are rejected, or a
				solicitation is canceled after bids/proposals have been opened, the
				bids/proposals shall be retained in the procurement file.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 13 - Cancellation of Solicitations; Rejection of Bids or Proposals › Section V-1313 - Appeals of a Cancellation

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				accordance with
				R.S.
				39:1605,
				R.S.
				39:1630 and
				R.S.
				39:1691, the pre-award cancellation of a
				solicitation by the chief procurement officer or his designee shall be final
				and conclusive unless the person adversely affected by the cancellation has
				timely appealed to the Nineteenth Judicial District Court, in accordance with
				R.S.
				39:1691(D), within 14 days
				of the cancellation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 15 - Responsibility and Prequalification › Section V-1501 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Responsible Bidder
or
Proposer
-a person who has the capability in all respects to
				  perform fully the contract requirements, and the integrity and reliability
				  which will assure good faith performance. See also
				  R.S.
				  39:1606 of the Louisiana procurement code.
				  For the purpose of these regulations,
capability
as used in
				  this definition means capability at the time of award of the contract, unless
				  otherwise specified in the solicitation.
Solicitation
-an invitation to bid, or any
				  other document, such as a request for quotations or a request for proposals
				  issued by the state for the purpose of soliciting offers or proposals to
				  perform a state contract.
Suppliers-
as used in
				  R.S.
				  39:1607 (prequalification of suppliers) of
				  the Louisiana procurement code, means prospective bidders or proposers.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 15 - Responsibility and Prequalification › Section V-1503 - Application [Formerly LAC 34:I.1503]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A determination of responsibility or
				nonresponsibility shall be governed by this Chapter and applicable sections of
				the procurement code.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 15 - Responsibility and Prequalification › Section V-1505 - Standards of Responsibility [Formerly LAC 34:I.1505]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Standards
1. A reasonable inquiry to determine the
				responsibility of a bidder or proposer may be conducted in accordance with
				R.S.
				39:1606. The following standards, as they
				relate to the particular procurement under consideration, may be used, but is
				not limited to the following:
a. has adequate
				financial resources for performance; or, has the ability to obtain such
				resources as required during performance;
b. has the necessary experience,
				organizations, technical qualifications, skills, and facilities, or has the
				ability to obtain them (including probable subcontractor
				arrangements);
c. is able to comply
				with the proposed or required time of delivery or performance
				schedule;
d. has a satisfactory
				record of integrity, judgment and performance (contractors who are seriously
				delinquent in current contract performance, considering the number of contracts
				and the extent of delinquencies of each, shall in the absence of evidence to
				the contrary or evidence of compelling circumstances, be presumed to be unable
				to fulfill the requirement);
e. is
				otherwise qualified and eligible to receive an award under applicable laws and
				regulations.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 15 - Responsibility and Prequalification › Section V-1507 - Ability to Meet Standards [Formerly LAC 34:I.1507]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The prospective contractor may demonstrate
				the availability of necessary financing, equipment, facilities, expertise, and
				personnel by submitting upon request:
1.
				evidence that such contractor possesses such necessary items;
2. acceptable plans to subcontract for such
				necessary items; or
3. a documented
				commitment from, or explicit arrangement with, a satisfactory source to provide
				the necessary items.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 15 - Responsibility and Prequalification › Section V-1509 - Duty Concerning Responsibility [Formerly LAC 34:I.1509]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before awarding a contract, the
				procurement officer must be satisfied that the prospective contractor is
				responsible.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 15 - Responsibility and Prequalification › Section V-1511 - Written Determination of Nonresponsibility Required [Formerly LAC 34:I.1511]

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a
				bidder or proposer who otherwise would have been awarded a contract of $5,000
				or more is found nonresponsible, a written determination of nonresponsibility
				setting forth the basis of the finding shall be prepared by the chief
				procurement officer, or head of a purchasing agency, as applicable. A copy of
				the determination shall be sent promptly to the nonresponsible bidder or
				proposer. The determination shall be made part of the procurement file.
1. Factors to be considered in determining
				whether the standard of responsibility has been met include, but are not
				limited to, consideration of
				§1505
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 17 - Types of Contracts › Section V-1701 - Centralization of Contracting Authority [Formerly LAC 34:I.1701]

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a mandatory
				use statewide competitive contract for supplies or services is established all
				state governmental bodies, excluding those exempted from the central purchasing
				agency by
				R.S.
				39:1572(B), shall use such
				statewide competitive contracts when procuring such supplies or services unless
				given written exemption by the chief procurement officer. The following
				exceptions may be considered:
1. Functional
				differences, for example:
a. size available
				is not suitable because of space limitations;
b. compatibility with existing
				equipment.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 17 - Types of Contracts › Section V-1703 - Policy Regarding Selection of Contract Types [Formerly LAC 34:I.1703]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The selection of
				an appropriate contract type depends on factors such as the nature of the
				supplies, services, or major repairs to be procured, the uncertainties which
				may be involved in contract performance, and the extent to which the state or
				the contractor is to assume the risk of the cost of performance of the
				contract.
B. The objective when
				selecting a contract type is to obtain the greatest value of supplies,
				services, or major repairs at the lowest overall cost to the state. In order to
				achieve this objective, the chief procurement officer, before choosing a
				contract type, should review those elements of the procurement which directly
				affect the cost and risk of performance and profit incentives bearing on the
				performance.
C. Among the factors
				to be considered in selecting any type of contract are:
1. the type and complexity of the supply,
				service, or major repair items being procured;
2. the difficulty of estimating performance
				costs such as the inability of the state to develop definitive specifications
				to identify the risks to the contractor inherent in the nature of the work to
				be performed, or otherwise to establish clearly the requirements of the
				contract;
3. the administrative
				costs to both parties;
4. the
				degree to which the state must provide technical coordination during the
				performance of the contract;
5. the
				effect of the choice of the type of contract on the amount of competition to be
				expected;
6. the stability of
				material or commodity market prices or wage levels;
7. the urgency of the requirement;
				and
8. the length of contract
				performance.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 17 - Types of Contracts › Section V-1705 - Cost-Plus-a-Percentage-of-Cost Contracts (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 17 - Types of Contracts › Section V-1707 - Types of Contracts [Formerly LAC 34:I.1707]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Subject to the limitations of
				R.S.
				39:1611 and 1612, any type of contract which
				will promote the best interest of the state may be used, provided that the
				chief procurement officer makes a written determination justifying the type of
				contract used.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 17 - Types of Contracts › Section V-1709 - Use of Brand Name, LaMAS (Louisiana Multiple Award Schedule), and Multi-State Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state
				reserves the right to create and use brand name, LaMAS, and multi-state
				contracts (hereinafter referred to as Louisiana price schedules for different
				brands of same or similar item(s).
B. Where Louisiana price schedules ("LaPS")
				exist for same or similar item(s) and the estimated cost of the procurement
				exceeds the defined maximum value for
small purchases
established by executive order of the Governor, all eligible users of these
				contracts will utilize the following procedures.
1. Prepare a request for responses that may
				include, if applicable the following: (A request for response is an informal
				process used to make a best value determination.)
a. a performance-based statement of work that
				includes such things as:
i. the work to be
				performed;
ii. location of
				work;
iii. period of
				performance;
iv. deliverable
				schedule;
v. applicable performance
				standards;
vi. acceptance
				criteria;
vii. any special
				requirements (e.g., security clearances, special knowledge, etc.);
viii. the products required using a generic
				description of products and functions whenever possible;
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 18 - Progressive and Multiple Awards › Section V-1801 - Progressive Award [Formerly LAC 34:I.1801]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A progressive award is an award of
				portions of a definite quantity requirement to more than one contractor. Each
				portion is for a definite quantity and the sum of the portions is the total
				definite quantity required. A progressive award may be in the states best
				interest when awards to more than one bidder or proposer for different amounts
				of the same item are needed to obtain the total quantity or the time or times
				of delivery required.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 18 - Progressive and Multiple Awards › Section V-1803 - Multiple Award [Formerly LAC 34:I.1803]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A multiple award is an award of an
				indefinite quantity contract for one or more similar supplies or services to
				more than one bidder or proposer, and the state is obligated to order all of
				its actual, normal requirements for the specified supplies or services from
				those contractors. A multiple award may be in the state's best interest when
				award to two or more bidders or proposers for similar products is needed for
				adequate delivery, service, or availability, or for product compatibility. In
				making a multiple award, care shall be exercised to protect and promote the
				principles of competitive solicitation. Multiple awards shall not be made when
				a single award will meet the state's needs without sacrifice of economy or
				service. Awards shall not be made for the purpose of dividing the business or
				avoiding the resolution of tie bids. Any such awards shall be limited to the
				least number of suppliers necessary to meet the valid requirements of using
				agencies. All eligible users of the contract shall be named in the
				solicitation, and it shall be mandatory that the requirements of such users
				that can be met under the contract be obtained in accordance with the contract,
				provided that:
1. the state shall reserve the
				right to take bids separately if a particular quantity requirement arises which
				exceeds an amount specified in the contract;
2. the state shall reserve the right to take
				bids separately if the chief procurement officer approves a finding that the
				supply or service available under the contract will not meet a nonrecurring or
				special need of the state;
3. the
				contract shall allow the state to procure supplies produced, or services
				performed, incidental to the state's own programs, such as industries of
				correctional institutions and other similar industries, when such supplies or
				services satisfy the need.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 18 - Progressive and Multiple Awards › Section V-1805 - Intent to Use [Formerly LAC 34:I.1805]

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a progressive or multiple award is
				anticipated prior to issuing a solicitation, the method of award should be
				stated in the solicitation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 18 - Progressive and Multiple Awards › Section V-1807 - Determination Required [Formerly LAC 34:I.1807]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chief procurement officer shall make a
				written determination setting forth the reasons for a progressive or multiple
				award, which shall be made a part of the procurement file.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 19 - Multi-Year Contracts › Section V-1901 - Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of
				this Chapter,
multi-year contract
shall be defined as a
				contract whose term exceeds 12 months.
B. Multi-year contracts may be entered into
				for supplies, services, major repairs, or professional, personal, consulting
				and social services in accordance with
				R.S.
				39:1615 or as otherwise provided by
				law.
C. Prior to the utilization of
				a multiyear contract for supplies, services, or major repairs, it shall be
				determined in writing:
1. that estimated
				requirements cover the period of the contract and are reasonably firm and
				continuing; and
2. that such a
				contract will serve the best interests of the state by encouraging effective
				competition or otherwise prompting economies in state procurement.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 19 - Multi-Year Contracts › Section V-1903 - Conditions for Purchasing and Contracting Use of Multi-Year Contracts (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 19 - Multi-Year Contracts › Section V-1905 - Multi-Year Contract Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Solicitation. The solicitation shall state:
1.
				the estimated amount of supplies, services or major repairs required for the
				proposed contract period;
2.
				whether a unit price discounted off of established catalog price shall be given
				for each supply, or service or major repair, and that such unit prices or
				discount shall be the same throughout the contract (except to the extent price
				adjustments may be provided in the solicitation and resulting
				contract);
3. that the multi-year
				contract will be canceled if funds are not appropriated, un-appropriated, or
				otherwise not made available to support continuation of performance in any
				fiscal period succeeding the first;
4. if an installment purchase, that the
				provisions of
				R.S.
				39:1616 shall apply.
5. how the multi-year contract award will be
				determined.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 20 - Leases of Movables › Section V-2001 - Description [Formerly LAC 34:I.2001]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A lease of movables is a contract for the
				use of equipment under which title does not pass to the state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 20 - Leases of Movables › Section V-2003 - Use [Formerly LAC 34:I.2003]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				lease of movables may be entered into provided:
1. it has been competitively bid in
				accordance with these rules and regulations, applicable executive orders, and
				policy and procedure memoranda;
2.
				it is in the best interest of the state;
3. all conditions for renewal and costs of
				termination are set forth in the lease.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 20 - Leases of Movables › Section V-2005 - Lease with Purchase Option [Formerly LAC 34:I.2005]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless a requirement can be met only by
				the leased supply as determined in writing by an officer above the level of
				procurement officer, a purchase option in a lease may be exercised only if the
				lease containing the purchase option was awarded under competitive sealed
				bidding. Before exercising such an option the chief procurement officer shall:
1. investigate alternative means of procuring
				comparable supplies; and,
2.
				compare estimated costs and benefits associated with the alternative means and
				the exercise of such option, for example, the benefit of buying new
				state-of-the-art equipment compared to the estimated initial savings associated
				with exercise of a purchase option.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 21 - Miscellaneous Contract Provisions for Supplies, Services, and Major Repairs › Section V-2101 - Contract Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a
				contract is to contain an option for renewal, extension, or purchase, notice of
				such provision shall be included in the solicitation. When such a contract is
				awarded, exercise of the option shall be at the state's discretion only, and
				shall be at the mutual agreement of the state and the contractor.
B. Contract Clauses. Contracts for supplies,
				services and major repairs may permit or require the inclusion of clauses
				providing for equitable adjustments in prices, time for performance, or other
				contract provisions identified in
				R.S.
				39:1661 in addition to the following, as
				appropriate:
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; or
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 d ates of the
				contract;
g. maximum compensation
				to be paid the contractor including due date of the payment(s);
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 21 - Miscellaneous Contract Provisions for Supplies, Services, and Major Repairs › Section V-2103 - Exercise of Option [Formerly LAC 34:I.2103]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before exercising any option for renewal,
				extension, or purchase, the chief procurement officer shall attempt to
				ascertain whether a re-solicitation is practical, in terms of current market
				conditions and trends and cost factors, and would be more advantageous to the
				state than renewal or extension of the existing contract.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 21 - Miscellaneous Contract Provisions for Supplies, Services, and Major Repairs › Section V-2105 - Goods Manufactured or Services Performed by Supported Employment Providers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
									R.S.
				39:1604.4 provides in part that a preference
				shall be given by all agencies in purchasing products and services from
				individuals with disabilities through supported employment providers.
B. Purchases of goods manufactured by or
				services performed by individuals with disabilities through supported
				employment providers as defined in
				R.S.
				39:1604.4 shall be exempt from competitive
				sealed bidding in accordance with the provisions of
				R.S.
				39:1594.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 22 - Inspection of Plant and Supplies; Audit of Records › Section V-2201 - Inspection [Formerly LAC 34:I.2201]

Current through Register Vol. 50, No. 6, June 20, 2024
A. State contracts may provide that the state
				may inspect supplies and services at the contractor or subcontractor's facility
				and perform tests to determine whether they conform to solicitation
				requirements, or after award, to contract requirements, and are therefore
				acceptable. Such inspections and tests shall be conducted in accordance with
				the terms of the solicitation and contract and shall be performed so as not to
				unduly delay the work of the contractor or subcontractor. No inspector may
				change any provision of the specifications or the contract without written
				authorization of the procurement officer. The presence or absence of an
				inspector shall not relieve the contractor or subcontractor from any
				requirements of the contract.
B.
				When an inspection is made in the plant or place of business of a contractor or
				subcontractor, such contractor or subcontractor shall provide without charge
				all reasonable facilities and assistance for the safety and convenience of the
				person performing the inspection or testing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 22 - Inspection of Plant and Supplies; Audit of Records › Section V-2203 - Audit of Records [Formerly LAC 34:I.2203]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state may enter a contractor's or
				subcontractor's plant or place of business to:
1. audit cost or pricing data or audit the
				books and records of any contractor or subcontractor pursuant to
				R.S.
				39:1629 and 1629.1; and
2. investigate in connection with an action
				to debar or suspend a person from consideration for award of contracts pursuant
				to
				R.S.
				39:1672.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 23 - Reporting of Suspected Collusive Bidding or Negotiations › Section V-2301 - Anticompetitive Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the
				purposes of this Chapter, an anticompetitive practice is a practice among
				bidders or proposers which reduces or eliminates competition or restrains
				trade. An anticompetitive practice can result from an agreement or
				understanding among competitors to restrain trade such as submitting collusive
				bids or proposals, or result from business actions which have the effect of
				restraining trade, such as controlling the resale price of products.
				Indications of suspected anticompetitive practices include identical bids or
				proposals, rotated low bids or proposals, sharing of the business, tie-in
				sales, resale price maintenance, and group boycotts (see Identical Bidding,
				§2309).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 23 - Reporting of Suspected Collusive Bidding or Negotiations › Section V-2303 - Independent Price Determination [Formerly LAC 34:I.2303]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every solicitation shall provide that by
				submitting a bid or proposal, the bidder or proposer certifies that the price
				submitted was independently arrived at without collusion.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 23 - Reporting of Suspected Collusive Bidding or Negotiations › Section V-2305 - Reporting Suspected Anticompetitive Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chief procurement officer, in
				consultation with the attorney general, shall develop procedures, including
				forms, for reporting suspected anticompetitive practices. A procurement officer
				who suspects that an anticompetitive practice has occurred or may be occurring
				shall report the suspected anticompetitive practice to the Attorney General's
				Office.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 23 - Reporting of Suspected Collusive Bidding or Negotiations › Section V-2307 - Detection of Anticompetitive Practices [Formerly LAC 34:I.2307]

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to
				ascertain whether or not an anticompetitive practice may have occurred or may
				be occurring, the procurement officer will often find it necessary to study
				past procurement including, as appropriate, the following:
1. a study of the bidding history of a
				supply, service, or major repair item over an amount of time sufficient to
				determine any significant bidding patterns or changes;
2. a review of similar state contract awards
				over a period of time; or
3.
				consultation with outside sources of information, such as bidders or proposers
				who have competed for similar state business in the past but who are no longer
				competing for such business.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 23 - Reporting of Suspected Collusive Bidding or Negotiations › Section V-2309 - Identical Bidding [Formerly LAC 34:I.2309]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The term
identical
				bidding
means the submission by bidders or proposers of the same total
				price or the same price on a particular line item. The submission of identical
				bids may not signify the existence of collusion. In some instances, price
				controls imposed by state or federal governments result in the submission of
				identical bids. Bids may also be identical as a result of chance. Identical
				bids for supplies are more likely to occur due to chance if:
1. the supply is a commodity with a
				well-established market price or a brand name with a "suggested retail
				price;"
2. the quantity being
				purchased is small in relation to the supplier's total sales;
3. early delivery is required; or
4. transportation expenses are low relative
				to total costs.