Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 2 - Procurement › Chapter 13 - Procedures › Section IX-1311 - Purchasing Methods

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  state utilizes various purchasing methods to acquire goods, services, major
				  repairs and public works including requests for proposals (RFP), invitations to
				  bid (ITB), and purchase orders. The procurement method to be used is based upon
				  statutes and regulations applicable to the nature of the procurement.
B. Nothing in the LAVET should be construed
				  to give a proposer/bidder a property interest in an ITB, RFP, or contract prior
				  to the state's award of the contract.
C. Agencies will participate in the program
				  by using any or all of the following procurement methods:
1. purchasing directly from a certified VSE
				  or DVSE within the agency's discretionary procurement authority for goods,
				  operating services, major repairs, construction and personal, professional and
				  consulting services;
2. issuing an
				  order to a certified VSE or DVSE (prime contractor or distributor) on statewide
				  contract;
3. using an ITB process
				  to award a contract either to a certified VSE or DVSE or to a bidder who can
				  demonstrate a good faith plan to use certified VSE's and/or DVSE's as
				  subcontractors in performing the prime contract. To be responsive to the ITB
				  the bidder must be either a certified VSE or DVSE or be able to demonstrate its
				  good faith subcontracting plan.
a. Good Faith
				  Subcontracting Plans in an Invitation to Bid
i. The ITB will require the bidder to certify
				  that the bidder is either a certified VSE or DVSE or that the bidder has a good
				  faith subcontracting plan.
ii. The
				  following describes the process a non-certified VSE or DVSE bidder shall follow
				  in order to comply with the requirement for a good faith subcontracting plan.
(a). The bidder has or will use the LAVET
				  certification list maintained by the Department of Economic Development to
				  provide notice of the potential subcontracting opportunities to three or more
				  certified VSE's and/or DVSE's capable of performing the subcontract.
				  Notification must be provided to the certified VSEs and/or DVSE's no less than
				  five working days prior to the date of bid opening.
(b). Written notification is the preferred
				  method to inform certified VSE's and/or DVSE's. This written notification may
				  be transmitted via fax and/or e-mail.
(c). Written notification must include:
(i). the scope of work;
(ii). information regarding the location to
				  review plans and specifications (if applicable);
(iii). information about required
				  qualifications and specifications;
(iv). bonding and insurance information
				  and/or requirements (if applicable);
(v). contact person.
(d). The successful bidder must be able to
				  provide written justification of the selection process if a certified VSE was
				  not selected.
b. Post audits may be conducted. In the event
				  that there is a question as to whether the low bidder's good faith
				  subcontracting plan was complied with, the prime contractor must be able to
				  provide supporting documentation to demonstrate its good faith subcontracting
				  plan was actually followed (i.e., phone logs, fax transmittals, letters,
				  e-mails). If it is at any time determined that the contractor did not in fact
				  perform its good faith subcontracting plan, the contract award or the existing
				  contract may be terminated.
4. using a request for proposals (RFP)
				  process to award a contract to a certified VSE or DVSE or to a proposer
				  demonstrating a good faith effort to use certified VSE's and/or DVSE's as
				  subcontractors;
a. if an agency decides to
				  issue an RFP to satisfy its LAVET goal, the procurement process will include
				  either of the following:
i. require that each
				  proposer either be a certified VSE or RVSE, or have made a good faith
				  subcontracting effort in order to be responsive; or
ii. reserve ten percent of the total RFP
				  evaluation points for otherwise responsive proposers who are themselves a
				  certified as either a VSE or DVSE or who have made a good faith effort to use
				  one or more VSEs and/or DVSE's in subcontracting.
b. In evaluating proposals, the evaluation
				  committee will follow the scoring criteria set forth in the RFP. In its
				  evaluation process, the evaluation committee will not give additional points
				  for VSE or DVSE participation beyond the designated amount set forth in the
				  RFP.
c. Good Faith Subcontracting
				  in a Request for Proposal
i. Proposers
				  alleging to have made a good faith subcontracting effort may be required in the
				  RFP to verify their good faith subcontracting plan. A good faith effort can be
				  evidenced by many things including those listed below.
(a). The proposer divided the contract work
				  into reasonable lots or portions.
(b). The proposer used the LAVET
				  certification list maintained by the Department of Economic Development to
				  provide notice to three or more certified VSE's and/or DVSE's of the potential
				  subcontracting opportunities available in performance of the prime subcontract.
				  Notification must have been provided to the certified VSE's and/or DVSE's no
				  less than five working days prior to the submission of the proposal.
(c). The notification from the Proposer was
				  in writing. This written notification may have been transmitted via fax and/or
				  e-mail.
(d). The written
				  notification gave the VSEs and/or DVSE's complete information regarding the
				  potential subcontract, including such things as:
(i). the scope of work;
(ii). information regarding the location to
				  review plans and specifications (if applicable);
(iii). information about required
				  qualifications and specifications;
(iv). bonding and insurance information
				  and/or requirements (if applicable);
(v). contact person.
ii. A RFP under LAC
				  19:IX.1311.C.4.a.i shall require all proposers who are not certified VSE's or
				  DVSE's to certify they made a good faith subcontracting effort in their
				  proposals.
iii. A RFP under LAC
				  19:IX.1311.C.4.a.ii may require that proposals include a proposed schedule of
				  certified VSE and/or DVSE participation that lists the names of potential
				  certified VSE and/or DVSE subcontractors, a description of the work each would
				  perform, and the dollar value of each proposed certified VSE and/or DVSE
				  subcontract.
iv. A RFP under LAC
				  19:IX.1311.C.4.a.ii may require that proposers provide documentation to
				  demonstrate their good faith subcontracting effort (i.e.: phone logs, fax
				  transmittal logs, letters, e-mails) in order to receive any reserved
				  points.
v. Proposers responding to
				  RFP's under either LAC 19:IX.1311.C.4.a.i or LAC 19:IX.1311.C.4.a.ii may be
				  asked to provide written justification of the subcontractor selection process
				  if a certified VSE or DVSE is not used as a subcontractor.
d. If at any time the state determines that
				  the contractor did not in fact make a good faith effort, the contract award or
				  the existing contract may be terminated.