reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 5 - Competitive Solicitations › Section XIII-507 - Procurement of Insurance and Related Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Contracts for Insurance. Contracts entered
				into by the university for the purchase of insurance or for obtaining services
				related to the operation of an insurance program shall be awarded in accordance
				with the provisions of this UPPC. Determination of the appropriate competitive
				method shall be made by the CPO.
B.
				The university shall contract for consulting services with one or more licensed
				insurance producers. Such contract(s) may authorize one or more producers to
				advise the university regarding the insurance program and to procure insurance
				on behalf of the university.
C.
				System-Wide Programs of Self-Insurance. Unless specifically authorized in
				advance, in writing, by the CEO or president for the university system governed
				by the management board, the provisions of this section shall not apply to any
				procurement related to any system-wide program of self-insurance or any other
				system-wide insurance or other employment benefit related programs.
D. 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 university, all or any portion
				of the commission derived from the sale of insurance to the university; 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 CPO. In any such instance where the sharing of a
				commission on university insurance is authorized, it shall be only with a bona
				fide insurance agent.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 5 - Competitive Solicitations › Section XIII-509 - Specifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nonrestrictive
				Specifications. Specifications shall be developed in a manner which is most
				likely to result in the broadest possible competition while securing quality
				goods and services which meet the needs and expectations of the university. To
				the extent feasible, a specification may provide alternate descriptions of
				supplies, services, or major repairs items where two or more design,
				functional, or performance criteria will satisfactorily meet the universitys
				requirements.
B. Proprietary
				Specifications. Proprietary specifications may be used only pursuant to the
				written approval of the CPO upon a determination that such use is in the best
				interest of the university.
C. Use
				of Existing Specification. If a specification for a common or general use item
				has been developed and adopted in accordance with university standards or a
				qualified products list has been developed and adopted in accordance with
				university standards for a particular supply, service, or major repair item, or
				need, it shall be used unless the CPO makes a written determination that its
				use is not in the universitys best interest.
D. Bid or Performance Guaranty. Solicitations
				may include requirements for bid and/or performance guaranty.
1. Bid Guaranty. When specified in the
				solicitation for bids or advertisement for bids, a bond or certified check,
				made payable to the university, in the amount and in accordance with the
				specifications in the solicitation for bids, must accompany each bid.
2. Performance Bond. When required, the
				successful bidder must furnish a satisfactory bond of a surety company licensed
				to do business in Louisiana with all fees current, made payable to the
				university in a sum equal to the amount and in accordance with the
				specifications in the solicitation for bids.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 5 - Competitive Solicitations › Section XIII-511 - Public Notice for Procurements; Submission Deadline

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public Notification. Public notification
				of solicitations for bids/proposals/offers/auctions/quotations shall be made
				through a centralized electronic interactive environment. The notice for each
				solicitation shall contain the name, address, email address and telephone
				number of the university contact person from whom detailed information may be
				obtained, shall describe the goods or services sought, and shall designate the
				forms to be used and the date, time and place for the receipt of bids/proposals
				/offers/auctions/quotations.
B.
				Time for Reasonable Notification. Notification of a solicitation shall allow a
				reasonable time for responses given the nature and complexity of the
				solicitation. Notification of solicitations may also be made by posting on
				electronic bulletin boards, publication in appropriate newspapers and trade
				journals, email and postal notices to potential vendors, and by other means
				determined by the CPO.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 5 - Competitive Solicitations › Section XIII-515 - Receipt and Recording of Responses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Receipt of Solicitation Response.
				Responses to solicitations shall be received in the manner specified including
				receipt by mail, direct delivery, or through any secure electronic interactive
				environment permitted pursuant to the Louisiana Uniform Electronic Transaction
				Act.
B. Designated Place of
				Response. A response received at the designated place after the submission
				deadline shall not be considered whether delayed in transmission or for any
				cause whatsoever. In no case will late responses be considered.
C. Response Time. Responses to solicitations
				must be received at the time and place and in the format prescribed in the
				solicitation.
D. Delay of Response.
				If a receipt of a response is delayed by action of the university and this
				delay prejudices a respondent, the university shall cancel and reissue the
				solicitation.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 5 - Competitive Solicitations › Section XIII-517 - Bid Submission Authority for Sealed Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Evidence of agency, corporate, or
				partnership authority may be required for submission of a bid to the university
				based on the type and complexity of the solicitation. If so required, the
				authority of the signature of the person submitting the bid shall be deemed
				sufficient and acceptable if any of the following conditions are met.
1. The signature on the bid is that of any
				corporate officer listed on the most current annual report on file with the
				secretary of state, or the signature on the bid is that of any member of a
				partnership or partnership in commendam listed in the most current partnership
				records on file with the secretary of state.
2. The signature on the bid is that of an
				authorized representative of the corporation, partnership, or other legal
				entity and the bid is accompanied by a corporate resolution, certification as
				to the corporate principal, or other documents indicating authority which are
				acceptable to the public entity.
3.
				The corporation, partnership, or other legal entity has filed in the
				appropriate records of the secretary of state in which the public entity is
				located, an affidavit, resolution, or other acknowledged or authentic document
				indicating the names of all parties authorized to submit bids for public
				contracts. Such document on file with the secretary of state shall remain in
				effect and shall be binding upon the principal until specifically rescinded and
				cancelled from the records of the respective offices.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 5 - Competitive Solicitations › Section XIII-519 - Mistakes in Responses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Errors in
				Responses. Patent errors in responses to solicitations supported by clear and
				convincing evidence may be corrected by the university or may be withdrawn, if
				such correction or withdrawal does not prejudice other respondents and such
				actions may be taken.
B. Minor
				Informalities. Minor informalities are a matter of form rather than substance
				which are evident from the solicitation documents or insignificant mistakes
				that can be waived or corrected without prejudice to other respondents. The CPO
				may waive such informalities or allow the respondent to correct them depending
				on which is in the best interest of the university.
C. Mistakes Where Intended Bid is Evident. If
				the mistake and the intended bid are clearly evident on the face of the bid
				document, the bid may be corrected to the intended bid and may not be
				withdrawn. Examples of mistakes that may be clearly evident on the face of the
				bid document are typographical errors, errors in extending unit prices,
				transposition errors, and arithmetical errors. When an error is made in
				extending total prices, the unit bid price will govern. Under no circumstances
				will a unit bid price be altered or corrected.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 5 - Competitive Solicitations › Section XIII-521 - Cancellation of Solicitations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Cancellation of Solicitation. A solicitation may be cancelled, prior to
				execution of a contract, by the CPO at any time when it is deemed in the best
				interest of the university.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 5 - Competitive Solicitations › Section XIII-523 - Withdrawal of Bids or Proposals

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Withdrawal of Bid or Proposal. A bid or proposal which contains a patently
				obvious, unintentional and substantial mechanical, clerical or mathematical
				error or unintentionally omits a substantial quantity of goods or services
				called for in the solicitation may be withdrawn by the respondent if clear and
				convincing sworn, written evidence of such error or omission is furnished to
				the university prior to award.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 6 - Reverse Auctions › Section XIII-603 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where the
				university utilizes the reverse auction process on behalf of a single
				institution, the CPO shall:
1. determine it
				is in the best interest of the university to use electronic online
				bidding;
2. determine
				specifications and terms and conditions for the procurement.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 6 - Reverse Auctions › Section XIII-605 - Addenda Modifying a Reverse Auction

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the responsibility of the bidder to
				obtain any solicitation amendment(s) if the solicitation and addenda are posted
				on an electronic internet-based system for posting bid opportunities.
B. An addendum modifying a reverse auction
				shall not be issued during the 72 hours excluding Saturdays, Sundays, and
				postal holidays preceding the opening date and time unless the opening date and
				time is extended for at least one week.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 6 - Reverse Auctions › Section XIII-615 - Public Viewing of Auction Event

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. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 7 - Veterans and Small Entrepreneurships › Section XIII-701 - Initiatives for Veterans and Small Entrepreneurships

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hudson and Veterans Initiatives.
				Procurement procedures shall establish the means for implementation of the
				Hudson and Veterans Initiatives as required by R.S. 39:2001-2008 and R.S.
				39:2171-2179 respectively. Whenever deemed by the CPO as in the best interests
				of the university, solicitations may include reserved points potential
				respondents certified as small and emerging business (R.S. 51:941), or a
				small entrepreneurship (R.S.
				39:2006) or a veteran or service-connected
				disabled veteran-owned small entrepreneurship (R.S.
				39:21).
B. The CPO may waive the requirement of
				obtaining three or more quotes when purchases do not exceed $50,000 per
				transaction from a small entrepreneurship certified under either the Hudson or
				Veteran Initiative when price is determined to be reasonable, in their sole
				discretion.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 9 - Revenue Generating Solicitations and Contracts › Section XIII-901 - Revenue Generating Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Solicitations. Contracts or franchises by the university which will generate
				income or other significant benefit for the university and which will result in
				an exclusive right for the contracting party to provide goods or services,
				using university facilities, personnel or services shall be awarded by the use
				of an open competitive process which is approved by the CPO and the CFO or
				designee and consistent with management board policies. Such competitive
				process shall allow reasonable time for potential respondents to prepare
				responses given the nature and complexity of the responses solicited.
B. Exception to Competition. When
				it is determined by the CPO, with the written concurrence of the CFO or
				designee, consistent with established management board policies, that
				circumstances support the award of a revenue generating contract without
				competition, such a contract may be entered. Contracts by which services
				produced by the university are made available to entities outside the
				university need not be competitively awarded but shall be made on a basis that
				assures the recovery of costs associated with providing those services and a
				reasonable return to the university. Such contracts shall be structured in a
				manner which enhances opportunities for instruction, research, public service
				and other objectives of the university.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 11 - Contracts with University or State Employees › Section XIII-1103 - Contracts with University or State Employees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Faculty of Other Universities. Contracts
				between the issuing university and a faculty member of any other university
				shall be subject to the policies and procedures promulgated by each respective
				university and the management boards having authority over the respective
				institution of higher education where the faculty member is employed. Such
				agreement shall be subject to the written approval of the chancellor of the
				university which employs the faculty member, and written notification of the
				agreement and approval shall be provided to the appropriate management
				board.
B. Faculty or Staff of the
				University. Contracts between university and any of its own employees, or
				between university and any other employee of the State of Louisiana or any of
				its political subdivisions, shall be consistent with the
Louisiana Code
				of Governmental Ethics
, the
Code of Ethics
for
				procurement as defined in LAC 34:XIII.Chapter 23, Civil Service rules, other
				applicable laws and regulations, and established management board
				policies.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 13 - Evaluation and Award of Competitive Solicitations › Section XIII-1302 - Evaluation and Award

Current through Register Vol. 50, No. 6, June 20, 2024
A. Responses.
				Responses to solicitations shall be evaluated in keeping with the criteria,
				specifications, terms and conditions set forth in the solicitation.
B. Lowest Cost. Unless otherwise specified in
				the solicitation an award based on a solicitation shall be to the responsible
				respondent whose bid is responsive to the terms, conditions and specifications
				and which offers the lowest cost to the university.
C. Highest Score. An award based upon an RFP
				shall be to the responsible respondent whose proposal was scored highest by an
				evaluation team based on the weighted criteria set forth in the RFP after
				completion of all steps of the evaluation process set forth in the RFP, taking
				into consideration price and the evaluation factors set forth in the
				RFP.
D. Greatest Return. The award
				based on an SFO which results in an exclusive right or franchise for the use of
				university facilities or services shall be made to the respondent that meets
				the terms and conditions of the solicitation and offers the greatest return to
				the university.
E. Notice. Written
				notice of the award of a contract shall be provided to all respondents
				requesting such notice and shall be made a part of the procurement
				file.
F. Tie Bids. Tie bids occur
				when responsive bids from responsible respondents are identical in price and
				meet all requirements and criteria set forth in the solicitation and are
				susceptible of award. When there is a tie between an out-of-state and Louisiana
				respondent, preference will be given to the Louisiana respondent. The CPO shall
				make an award when tie bids are received in any manner that will discourage tie
				bids. A written determination justifying the manner of award must be
				made.
G. Subsequent Award. In the
				event any contractor fails to fulfill or comply with the terms of any contract,
				the CPO may award the contract to the next lowest responsible respondent to the
				solicitation which resulted in the contract, subject to acceptance by that
				respondent, and may hold the defaulting contractor responsible for the
				difference in cost.
H. Independent
				Price Determination. Every solicitation shall provide that by submitting a bid
				or offer, the respondent certifies that the price submitted was independently
				arrived at without collusion.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 13 - Evaluation and Award of Competitive Solicitations › Section XIII-1305 - Right to Reject

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rejection.
				The university reserves the right to reject any or all responses to a
				solicitation in whole or in part and to award by items, parts of items or by
				any group of items specified. Also, the right is reserved to waive any
				technical defects when the best interest of the university will be
				served.
B. The university reserves
				the right to reject any or all responses to a solicitation from respondents
				that are an entity, or are principal individuals within an entity, which has
				been convicted of a felony or any misdemeanor involving moral
				turpitude.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 13 - Evaluation and Award of Competitive Solicitations › Section XIII-1307 - Responsibility of Bidders and Proposers

Current through Register Vol. 50, No. 6, June 20, 2024
A. A reasonable inquiry to determine the
				responsibility of a bidder or proposer may be conducted. The unreasonable
				failure of a bidder or proposer promptly to supply information in connection
				with such an inquiry may be grounds for a determination of non-responsibility
				with respect to such bidder or proposer.
B. Whenever the CPO proposes to disqualify
				the lowest bidder, the university shall:
1.
				give written notice of the proposed disqualification to such bidder and include
				all reasons for the proposed disqualification;
2. give such bidder who is proposed to be
				disqualified, a reasonable opportunity to be heard at an informal hearing at
				which such bidder is afforded the opportunity to refute the reasons for the
				disqualification.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 15 - Disputes and Contract Controversies › Section XIII-1503 - Dispute Resolution

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Authority of CPO. The CPO is authorized to resolve protests and contract
				controversies. Detailed procedures will be regarding calculation of deadline
				dates, methods of transmitting protests and contract controversies, and similar
				administrative matters.
B. Protests
1. All protests to a solicitation shall be
				filed in writing with the CPO no later than three days prior to the response
				submission deadline, excluding Saturdays, Sundays, and postal holidays. All
				protests to the award of a contract shall be filed with the CPO no later than
				seven days after the issuance of the notification of award.
2. The CPO shall render a written decision
				regarding a protest within 14 days, excluding Saturdays, Sundays, and postal
				holidays after receipt of the protest and any subsequently submitted
				information. A written decision shall be furnished to the aggrieved party and
				other interested parties.
3. In the
				event of a timely protest relating to a solicitation or the award of a
				contract, university shall not proceed with the solicitation or the award of a
				contract unless the CPO makes a written determination that the award of the
				contract without delay is necessary to protect substantial interests of the
				university.
4. Protest Bonds. Bonds
				may be required, and must have been included in the solicitation, when the
				university determines that the harm from delay of implementation of a contract
				could adversely affect the operations of the university.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 15 - Disputes and Contract Controversies › Section XIII-1507 - Damages

Current through Register Vol. 50, No. 6, June 20, 2024
A. Protest Damages.
				The CPO, or designee, any hearing officer, and any court properly hearing any
				matter arising out of any protest may award damages to the aggrieved party when
				the protest brought by such aggrieved party is sustained and the aggrieved
				party should have been awarded the contract but was not. Such damages shall be
				limited exclusively to reasonable costs incurred in connection with the
				solicitation, including bid preparation costs other than attorneys
				fees.
B. Contract Damages. The CPO,
				or designee, any hearing officer, and any court properly hearing any matter
				arising out of any contract controversy may award damages to the contractor
				when the contract controversy brought by such contractor is sustained. Such
				damages shall be limited exclusively to the actual expenses reasonably incurred
				in performance of the contract.
C.
				Administrative Costs. Any administrative determination of costs or expenses
				recoverable pursuant to this section shall be final, subject to the
				discretionary review of the management board.
D. Limitations. In no event shall damages
				awarded by the CPO, or designee, any hearing officer, the CEO, or designee, or
				any court include attorney fees or any incidental, indirect, special, or
				consequential damages, including but not limited to loss of use, revenue or
				profit, whether reasonably certain or not.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 16 - Inspection and Audit of Records › Section XIII-1601 - Right to inspect

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				university may, at reasonable times, inspect the 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 university.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 16 - Inspection and Audit of Records › Section XIII-1603 - Right to Audit Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Audit of
				Persons Submitting Cost or Pricing Data. The university may, at reasonable
				times and places, audit the books and records of any person who has submitted
				cost or pricing data to the extent that such books and records relate to such
				cost or pricing data.
B. Contract
				Audit. The university 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.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 17 - Judicial Review of Administrative Determinations › Section XIII-1702 - Venue for Actions by or against the University in Connection with Procurement

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Solicitation and Award of Contracts. The Nineteenth Judicial District Court
				shall have exclusive venue over an action between the university and a bidder,
				offeror, or contractor, prospective or actual, to determine whether a
				solicitation or award of a contract is in accordance with the constitution,
				statutes, regulations, and the terms and conditions of the solicitation. Such
				actions shall extend to all kinds of actions, whether for monetary damages or
				for declaratory, injunctive, or other equitable relief.
B. Debarment or Suspension. The Nineteenth
				Judicial District Court shall have exclusive venue over an action between the
				university and a person who is subject to suspension or debarment proceedings,
				to determine whether the debarment or suspension is in accordance with the
				constitution, statutes, and regulations. Such actions shall extend to actions
				for declaratory, injunctive, or other equitable relief.
C. Actions under Contracts or for Breach of
				Contract. The Nineteenth Judicial District Court shall have exclusive venue
				over an action between the university and a contractor who contracts with the
				university, for any cause of action which arises under or by virtue of the
				contract, whether the action is on the contract or for a breach of the contract
				or whether the action is for declaratory, injunctive, or other equitable
				relief.
D. Finality for
				Administrative Determinations. In any judicial action under this section,
				factual or legal determinations by employees, agents, or other persons
				appointed by the university shall be final and conclusive unless they are
				clearly erroneous, arbitrary, capricious or contrary to law. Administrative
				decisions will be made pursuant to LAC 34:XIII.Chapter 15 and LAC
				34:XIII.Chapter 21 unless the decision is fraudulent or the person or entity
				adversely affected by the decision has timely appealed administratively or
				judicially.
E. Writs or Appeals;
				District Court Decisions. Any party aggrieved by a final judgment or
				interlocutory order or ruling of the Nineteenth Judicial District Court may
				appeal or seek review thereof, as the case may be, to the Court of Appeal,
				First Circuit, or the Supreme Court of Louisiana, as otherwise permitted in
				civil cases by law and the constitution.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 19 - Contracts › Section XIII-1902 - Contract Clauses; Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Required Contract Clauses. Clauses
				providing for the following requirements may be included in contracts, except
				upon a written determination by the CPO, approved in writing by the CFO or
				designee that the interests of university are best served by omitting the
				clause. The interest of the university that may include the following:
1. termination of the contract for
				default;
2. the right to suspend or
				terminate a contract based on the absence of budgeted funds for the acquisition
				of goods or services;
3.
				prohibiting illegal discrimination by the contractor;
4. requiring that Louisiana law shall apply
				to all disputes, and that venue for any actions brought against university
				arising out of the contract shall be only in the Nineteenth Judicial District
				Court in East Baton Rouge Parish;
5. liquidated damages as
				appropriate;
6. specified reasons
				for delay or nonperformance;
7.
				termination of the contract in whole or in part for the convenience of the
				university;
8. for cost
				reimbursement-based contracts, an itemized budget;
9. a description of reports or other
				deliverables to be received, when applicable;
10. a schedule when reports or other
				deliverables are to be received, when applicable;
11. responsibility for payment of taxes, when
				applicable;
12. assignability of
				the contract or rights to payments under the contract;
13. indemnification;
14. payment terms in accordance to
				R.S.
				13:4202(B) for the applicable
				time period.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 19 - Contracts › Section XIII-1904 - Participation by Respondent Constitutes Consent

Current through Register Vol. 50, No. 6, June 20, 2024
A. Express Consent. Participation by a
				respondent in any procurement process governed by this UPPC shall constitute
				express consent to the procedures, limitations, and other terms and conditions
				contained in this UPPC.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 19 - Contracts › Section XIII-1906 - Multiyear Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Term. Except
				as otherwise provided in this section, no contract for goods or services may be
				entered into for periods of more than ten years. Payment and performance
				obligations for fiscal years after the initial year shall be subject to the
				availability and appropriation of funds therefor. No contract shall be entered
				into for more than one year unless the length of the contract was clearly
				stated in the specifications included in the solicitation. With respect to all
				multiyear contracts, there shall be no provisions for a penalty to the
				university for the cancellation or early payment of the contract.
B. Sponsored Agreements or Joint Agreements.
				Contracts or amendments to existing or future agreements or amendments issued
				under the authority of sponsored agreements or joint agreements between the
				Board of Regents and federal agencies for research, educational, or
				infrastructure development activities, and contracts or amendments to existing
				contracts issued by university under the authority of sponsored agreements or
				joint agreements issued by federal agencies or private sponsored agreements,
				may be entered into for a period corresponding to the performance period of the
				contract or agreement.
C. Capital
				Investments/Gifts. A nonexclusive contract with a vendor who has made a gift to
				the university of equipment utilized for promoting products and university
				activities at a substantial cost to the vendor, and which covers products for
				resale within the institution, may be entered into for a period not to exceed
				10 years.
D. Term of Revenue
				Generating Contracts. Nothing in this Section shall limit the term of revenue
				generating contracts.
E.
				Exceptions. Notwithstanding the limitations set forth in this section,
				contracts of any type may be entered into for a longer term upon the express
				authorization of the management board, based on the written recommendation of
				the CPO and the chancellor that:
1.
				estimated, requirements cover the period of the contract and are reasonably
				firm and continuing; and
2. such a
				contract will serve the best interests of the university by encouraging
				effective competition or otherwise promoting economies in university
				procurement, which recommendation shall also state the estimated savings to be
				obtained by entering into a multiyear contract.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 21 - Respondent and Contractor Relations › Section XIII-2103 - Contractor Communications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Registry. The business must be registered with the Louisiana Secretary of
				States office.
B. Product
				Demonstrations. Potential respondents seeking to provide product
				demonstrations, presentations or exhibits to university personnel shall first
				request authorization to do so in writing to the CPO.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 21 - Respondent and Contractor Relations › Section XIII-2105 - Suspension Pending Debarment Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Suspension. The CPO may issue a written
				determination to suspend a person or entity from doing business with the
				university pending an investigation to determine whether cause exists for
				debarment pursuant to
University Pilot Procurement
				Code
.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 23 - Ethics › Section XIII-2303 - Integrity in Procurements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Code of Ethics
and Ex Parte Communications. All parties
				involved in the procurement process, contract administration or contract
				performance are bound to act responsibly, fairly and in good faith. Any person
				acting for the university in the procurement process shall be held to the
				highest degree of integrity, honesty and trust and shall be bound by the
Louisiana Code of Governmental Ethics
,
				R.S.
				49:1101 and the
Code of
				Ethics
for procurement which are in addition to applicable state laws,
				as follows:
1. give first consideration to the
				mission and policies of the university and the laws of the State of
				Louisiana;
2. strive to obtain
				maximum value for each dollar spent;
3. decline all personal gifts or
				gratuities;
4. grant equal
				consideration to all competitive suppliers;
5. believe in the dignity and worth of the
				service rendered by the Procurement Office, and the responsibilities assumed as
				trusted public servants;
6. conduct
				business with potential and current suppliers in good faith, devoid of
				intentional misrepresentation;
7.
				demand honesty in sales representation whether offered through the medium of a
				verbal, electronic or written statement, an advertisement, or a sample of the
				product;
8. receive the consent of
				originators of proprietary ideas and designs before using them for competitive
				purchasing purposes;
9. make every
				reasonable effort to negotiate an equitable and mutually agreeable settlement
				of any controversy with a supplier; and/or be willing to resolve major
				controversies, pursuant to the established policies of the
				university;
10. accord a prompt and
				courteous reception to all who call on legitimate business missions;
11. cooperate with trade, industrial and
				professional associations, and with governmental and private agencies for the
				purposes of promoting and developing sound business methods;
12. foster fair, ethical and legal trade
				practices;
13. identify and
				eliminate participation of any individual in operational situations where a
				conflict of interest may be involved;
14. resist encroachment on control of
				personnel in order to preserve integrity as procurement professional; seek or
				dispense no personal favors;
15.
				handle each procurement problem objectively and empathetically, without
				discrimination;
16. support the
				professional aims and objectives of the National Institute of Governmental
				Purchasing, Inc. and the National Association of Educational
				Procurement.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 25 - Management Board Authority › Section XIII-2503 - Management Board Policies Not Superseded

Current through Register Vol. 50, No. 6, June 20, 2024
A. Special Policies and Provisions of
				Management Board. Nothing in this UPPC shall abridge any policies and
				provisions established by a management board, through its bylaws or
				regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part I - General Provisions › Chapter 1 - Definitions › Section I-102 - Masculine ; Feminine ; Singular ; Plural

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used herein, the masculine shall
				include the feminine and the singular shall include the plural.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 4:142,
				  R.S. 4:143 and
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part I - General Provisions › Chapter 3 - General Rules › Section I-301 - Authority of Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				owners and trainers of horses and their stable employees are subject to the
				laws of Louisiana and the rules promulgated by its commission immediately upon
				acceptance and occupancy of stabling accommodation from, or approved by, an
				association. Owners, trainers and stable employees shall accept the decision of
				the stewards on any and all questions to which their authority extends, subject
				to their right of appeal to the commission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 4:142,
				  R.S.
				  4:148 and
				  R.S.
				  4:155.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part I - General Provisions › Chapter 3 - General Rules › Section I-302 - Ex Parte Communications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Commissioners shall not communicate ex parte with any licensee, applicant for
				license, or licensee's representative on the merits of matters in which the
				commission may make findings of fact, conclusions of law or otherwise render a
				final agency decision, except upon notice and opportunity for all parties to
				participate. This rule is not intended to prohibit communications relating to
				procedure, the disposition of ex parte matters, such as requests for hearing or
				on matters of regulatory policy not the subject of a pending
				adjudication.
B. Any member of the
				commission engaging in ex parte communications with any licensee, applicant for
				licensee, or licensee's representative on the merits of an adjudication pending
				before the commission shall withdraw from participating in any adjudicative
				hearing, discussion or deliberation on these matters.
Adjudication
				pending
shall mean any matter which has been the subject of a
				stewards' investigation, action or ruling brought before the commission as an
				appeal or by referral to be finally determined before judicial relief may be
				sought.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:141,
				  R.S.
				  4:148 and
				  R.S.
				  49:960.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part I - General Provisions › Chapter 3 - General Rules › Section I-303 - Impermissible Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person
				shall use improper, profane or indecent language to a racing official. No
				person shall in any manner or at any time, disturb the peace or make himself
				obnoxious on the grounds of an association. No person shall make a handbook or
				a foreign book on the grounds of an association. No person shall solicit for,
				or bet with, a handbook or a foreign book on the grounds of an association. No
				person shall be allowed in the stewards' stand unless previous permission is
				obtained from the stewards. If any owner, trainer, jockey, stable employee, or
				other personnel solicits bets from the public by correspondence or other
				methods, they shall be ruled off.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part I - General Provisions › Chapter 3 - General Rules › Section I-304 - Petition for Adoption of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All rules of the commission shall be adopted, amended or repealed in accordance
				with the Administrative Procedure Act,
				R.S.
				49:950 et seq.
B. The commission, on its own motion or on
				the petition of any interested person, may request the promulgation, amendment,
				or repeal of a rule.
1. Such petition shall:
a. be in writing;
b. state the name and address of its
				author;
c. contain a statement of
				either the terms or substance of the proposed rule, amendment, or
				repeal;
d. state the reasons or
				grounds for the proposed rule, amendment, or repeal;
e. include any data, views or arguments in
				support of the rules, amendment, or repeal.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part I - General Provisions › Chapter 3 - General Rules › Section I-305 - Rule Off or Suspension

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a
				person is ruled off a course or suspended, every horse owned in whole or in
				part by him, or under his care or supervision, shall be ineligible to be
				entered or to start unless transferred by a bona fide sale or lease to a person
				in good standing and approved by the stewards.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148,
				  R.S.
				  4:152 and
				  R.S.
				  4:193.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part I - General Provisions › Chapter 3 - General Rules › Section I-307 - Complaints against Officials

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Complaints against a racing official, other than a steward, shall be made to
				the stewards in writing and be signed by the complainant. Complaints against a
				steward shall be made in writing to the commission and be signed by the
				complainant.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:141 and
				  R.S.
				  4:142.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part I - General Provisions › Chapter 3 - General Rules › Section I-309 - Protective Helmets and Safety Vests

Current through Register Vol. 50, No. 6, June 20, 2024
A. All persons mounted on horseback are
				compelled to wear protective helmets recommended by the stewards and approved
				by the commission, and a safety vest designed to provide shock-absorbing
				protection to the upper body, as evidenced by a label with a rating of five, by
				the British Equestrian Trade Association. This shall also apply to association
				outriders, pony riders in post parade, and assistant starters. Anyone failing
				to comply with this requirement may be fined or suspended at the discretion of
				the stewards and/or commission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:141,
				  R.S. 4:142 and
				  R.S.
				  4:148.