reglab/statecodes huggingface dataset:
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-2311 - Possible Anticompetitive Practices [Formerly LAC 34:I.2311]

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The
				practices which are described in Subsections B-F of this Section and which the
				procurement officer suspects might be anticompetitive shall be reported in
				accordance with
				§2305 (Reporting Suspected Anticompetitive
				Practices).
B. Rotated Low Bids or
				Proposals. Rotated low bids or proposals result where all bidders or proposers
				participating in the collusive scheme submit bids, but by agreement alternate
				being the lowest bidder or proposers. In order to determine whether rotation
				may be occurring, the procurement officer must review similar past procurement
				in which the same bidders or proposers have participated.
C. Resale Price Maintenance. The practice of
				resale price maintenance consists of an agreement between a manufacturer and a
				distributor or a dealer to fix the resale price of a supply. A procurement
				officer should consider the possibility that such an agreement exists where
				prices offered adhere to an established pattern, such as a published price
				schedule, and identical bidding occurs.
D. Sharing of the business occurs where
				potential bidders or proposers allocate business among themselves based on the
				customers or the territory involved. Thus a procurement officer might discover
				that a potential bidder or proposer is not participating in a state procurement
				because a particular state agency, or a particular territory has not been
				allocated to such bidder or proposer by the producer or manufacturer.
E. "Tie-In" Sales. "Tie-in" sales are those
				in which a bidder or proposer attempts to sell one supply or service only upon
				the condition that the procurement officer purchase another particular supply
				or service.
F. Group Boycott. A
				group boycott results from an agreement between competitors not to deal with
				another competitor or not to participate in, for instance, a state procurement
				until the boycotting competitors' conditions are met by the boycotted
				competitor or the state. The boycott of a competitor by other competitors may
				have an effect on the market structure or price of a supply, service, or major
				repair items needed by 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 24 - Suspension, Debarment and Reinstatement › Section V-2401 - Suspension, Debarment and Reinstatement [Formerly LAC 34:V.2539]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Authority. After
				reasonable notice to the person involved and reasonable opportunity for that
				person to be heard, the state chief procurement officer shall have authority to
				suspend or debar an individual or business for cause from consideration for a
				contract, in accordance with the provisions of
				R.S.
				39:1672.
1.
				The state shall also have the right to suspend or terminate a contract based on
				the absence of appropriated, funds for the acquisition of goods or services or
				for cause; or, when in the best interest of the state.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2501 - Delegation of Authority [Formerly LAC 34:V.101]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The director of the Office of State
				  Procurement may delegate in writing certain responsibilities set forth herein
				  in accordance with
				  R.S.
				  39:1566.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2505 - Performance-Based Energy Efficiency Contracting [Formerly LAC 34:V.105]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Preparation of
				  Requests for Proposals
1. Performance
				  contracts shall be considered to be consulting services contracts under the
				  provisions of title 39, chapter 17 of the
Louisiana Revised
				  Statutes
and shall be awarded in accordance with the provisions of
				  that chapter, the rules and regulations promulgated by the Office of State
				  Procurement pursuant to that chapter and this Section.
2. Prior to its preparation of an RFP, a
				  state agency, as defined in
				  R.S. 39:2
				  (hereinafter, "user agency") shall perform a needs analysis in accordance with
				  the provisions of title 39, chapter 17 of the
Louisiana Revised
				  Statutes
and the rules and regulations promulgated by the Division of
				  Administration, through its Office of State Procurement ("OSP") pursuant to
				  that chapter. Such needs analysis shall be in a form approved by the
				  Commissioner of the Division of Administration or his designated agent and
				  shall include a detailed audit of energy use.
3. Prior to its preparation of an RFP, a user
				  agency shall submit its needs analysis to the Commissioner of the Division of
				  Administration or his designated agent for approval.
4. Upon approval of a user agency's needs
				  analysis pursuant to this Section, such user agency shall prepare an RFP in a
				  form approved by OSP, which form shall require proposers to separately itemize
				  the costs and savings associated with each proposed energy cost savings measure
				  ("ECSM"). In accordance with the provisions of title 39, chapter 17 of the
Louisiana Revised Statutes
and the rules and regulations
				  promulgated by OSP pursuant to that chapter, every RFP shall indicate the
				  relative importance of price and other evaluation factors, shall clearly define
				  the tasks to be performed under the performance contract, the criteria to be
				  used in evaluating the proposals and the time frames within which the work must
				  be completed. Prior to advertising its RFP, a user agency shall submit it to
				  the Commissioner of Administration or his designated agent and obtain his
				  written consent to the advertisement of the RFP.
5. Upon approval of a user agency's RFP, such
				  user agency shall advertise its RFP in accordance with the provisions of title
				  39, chapter 17 of the
Louisiana Revised Statutes
and the rules
				  and regulations promulgated by OSP pursuant to that chapter.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2506 - Contracts Under Agency Delegation of Authority [Formerly LAC 34:V.106]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state chief
				  procurement officer may grant delegations of authority to an agency director to
				  approve contracts without the necessity of forwarding a copy to the Office of
				  State Procurement. The agency shall maintain a file for all such delegated
				  contracts. This file shall be available for inspection by the Office of State
				  Procurement upon request.
B. The
				  using agency shall submit a report to the Office of State Procurement, as
				  requested. This report shall contain a listing of all delegated contracts to
				  include: the name of contractor, amount of contract, specific nature of
				  services rendered, date of contract, total dollar amount of all delegated
				  contracts entered into by the using agency, and any other information required
				  by Office of State Procurement policy for that requested time period. If no
				  such contracts have been entered into during this period, a report shall still
				  be submitted notifying the Office of State Procurement.
C. Repealed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2507 - Supply of Personnel, Information, and Services [Formerly LAC 34:I.2507]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requests made to
				  a public procurement unit by another public procurement unit or external
				  procurement activity to provide or make available personnel, services,
				  information, or technical services pursuant to
				  R.S.
				  39:1706, shall be complied with only to the
				  extent that the chief procurement officer determines that it is practical and
				  feasible to do so in terms of personnel, time, and other resources.
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 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2509 - Contract Contents [Formerly LAC 34:V.109]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each contract for professional, personal,
				  consulting and social services shall contain the contract provisions set forth
				  in
				  R.S.
				  39:1625.
B. Contracts funded fully or in part by
				  federal funds, in addition to meeting all the requirements of these guidelines
				  and R.S. 39:1551-1755 shall meet all applicable federal standards and shall
				  contain all necessary clauses required by federal statutes, rules or
				  regulations. The burden of complying with federal regulations shall rest with
				  the using agency.
C. Travel
				  expenses shall be reimbursed in accordance with Division of Administration
				  Policy and Procedure Memorandum 49 (the state general travel regulations, LAC
				  4, Part V). Persons performing services under contracts approved by the Office
				  of State Procurement shall be considered to be other persons under LAC
				  4:V.1503.C.3 (the state general travel regulations).
D. When a contract is to include travel and
				  other reimbursable expenses, it shall contain language to effect the following:
1. travel and other reimbursable expense
				  shall constitute part of the total maximum payable under the contract. Travel
				  expenses shall be reimbursed in accordance with Administration Policy and
				  Procedure Memorandum 49 (PPM 49), LAC 4, Part V; or
2. no more than (a certain sum) of the total
				  maximum amount payable under this contract shall be paid or received as
				  reimbursement for travel and other reimbursable expenses. Travel expenses shall
				  be reimbursed in accordance with Division of Administration Policy and
				  Procedure Memorandum 49, LAC 4, Part V.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2512 - Modification of Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  amendments to contracts for professional, personal, consulting and social
				  services shall be submitted to the Office of State Procurement and shall become
				  effective only upon approval by the director of the Office of State
				  Procurement.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2515 - Termination of Contract [Formerly LAC 34:V.115]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever a contract is terminated prior to
				  the termination date stated in the contract, the Office of State Procurement
				  shall be notified in writing by the using agency of such prior termination, and
				  the reasons therefor.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2518 - Submission of Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. At least one
				  copy of said contract and attachments shall be submitted to the Office of State
				  Procurement. Copies of such contracts shall be forwarded to the Legislative
				  Fiscal Office upon request. The Office of State Procurement will not accept for
				  review and approval any contract that is not accompanied by the necessary
				  attachments and copies as required.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2521 - Contractual Review Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Contracts arriving
				  in the Office of State Procurement will be date stamped and logged in.
				  Contracts should be submitted prior to their effective dates and no contract
				  shall be approved which has been submitted 60 days after its effective date
				  unless written justification is provided by the using agency and approval
				  granted by the director of the Office of State Procurement or his designee. All
				  Submittals will be required to have a cover letter attached thereto.
B. If a contract does not appear to be out of
				  the ordinary and appears to have the necessary attachments and inclusions, it
				  will be routed as appropriate to the Division of Administration budget analyst
				  for the submitting agency. A BA-22, or its equivalent, shall be submitted with
				  every contract or amendment submitted to the Office of State Procurement, which
				  contains any expenditures or reduction in expenditures.
C. Contracts that are incomplete as to form,
				  or missing an attachment, may be returned to the submitting agency.
D. Contracts Returned from Budget
1. Not Recommended for Approval. If a
				  contract is not recommended for approval, the Office of State Procurement shall
				  discuss the reason with the budget analyst. If the problem cannot be resolved,
				  the contract shall be returned to the submitting agency with an
				  explanation.
2. Recommended for
				  Approval. If a contract is recommended for approval the review process shall
				  continue.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2524 - Exempt Occupations [Formerly LAC 34:V.124]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following list of occupations shall be
				  construed as falling within the definition of medical, nursing or allied health
				  fields given in
				  R.S.
				  39:1626. Personnel employed in these fields
				  would therefore be exempt from the prohibition contained in
				  R.S.
				  39:1624(A)(4) which
				  disallows personal, professional, consulting or social services contracts
				  between the state of Louisiana and state employees:
1. audiologist;
2. dental assistant;
3. dentist;
4. electroencephalograph
				  technician;
5. emergency medical
				  technician;
6. hospital
				  chaplain;
7. inhalation
				  therapist;
8. medical laboratory
				  technologist;
9. accredited medical
				  records technician/ administrator;
10. nurse anesthetist;
11. occupational therapist;
12. optometrist;
13. osteopath;
14. pharmacist;
15. psychologist;
16. physical therapist;
17. physician;
18. podiatrist;
19. practical nurse;
20. professional dietitian;
21. psychiatrist;
22. radiologic technologist;
23. radioisotope technologist;
24. registered nurse;
25. rehabilitation counselor;
26. respiratory therapy technician;
27. respiratory therapy
				  technologist;
28. social
				  worker;
29. speech
				  pathologist;
30. ultrasonography
				  technologist.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2527 - Delegation of Signature Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A.
										R.S.
				  39:1595(A)(10)(b)(i), (ii)
				  and
				  39:1595.1
				  requires that the head of the using agency or his designee shall sign all
				  contracts for personal, professional, consulting or social services. All
				  delegations of signature authority by the head of the using agency must be in
				  writing and must be approved by the Office of State Procurement.
B. In addition, autonomous or semi
				  -autonomous boards or commissions may sign their own contracts if such
				  authority is granted them by their enabling legislation or by the heads of the
				  agency in which they are placed.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2530 - Confidentiality of Technical Data or Trade Secrets

Current through Register Vol. 50, No. 6, June 20, 2024
A. The using agency shall be responsible for
				  protecting technical data, financial information, overhead rates, and trade
				  secrets which may come into their possession from individuals and businesses
				  doing business with the state. Any such information received by the Office of
				  State Procurement shall be returned to the using agency upon completion of said
				  review or retained using secure means if return to the using agency is not
				  practicable or permissible.
B. A
				  bidder or proposer who asserts a trade secret or confidentiality over any
				  information contained in its bid or proposal but fails to provide OSP a
				  redacted copy of its bid or proposal upon request of OSP, shall have the option
				  to either waive its assertion of trade secret or confidentiality or have its
				  bid or proposal rejected, subject to applicable law.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2533 - Multi-Year Contracts (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2536 - Determination of Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  order to qualify as responsible, a proposer must meet and, upon request by the
				  agency or the chief procurement officer, present evidence of compliance with
				  the standards identified in
				  §1505.A of this Part, as
				  they relate to the particular procurement under consideration.
B. No contract for consulting services
				  meeting the value specified in
				  R.S.
				  39:1621(B), regardless of
				  time period, or for social services exceeding the value indicated in
				  R.S.
				  39:1619(B)(7), regardless of
				  time period or other exemption applicable pursuant to
				  R.S.
				  39:1619(B), shall be awarded
				  to any person or firm unless the head of the using agency has first determined
				  that such person or firm is responsible.
C. In any case where a contract for
				  consulting services meets the value threshold specified in
				  R.S.
				  39:1621(B), regardless of
				  time period, or where a contract for social services exceeds the value
				  threshold specified in
				  R.S.
				  39:1619(B)(7), regardless of
				  time period or other exemption applicable pursuant to
				  R.S.
				  39:1619(B), the head of the
				  using agency shall prepare, sign, and place in the contract file a statement of
				  the facts on which a determination of responsibility was based. Any supporting
				  documents or reports and any information to support determinations of
				  responsibility of the proposer or potential subcontractors should be kept on
				  file with the agency, subject to inspection upon the request by the director of
				  state procurement or his designee.
D. Before making a determination of
				  responsibility, the head of the using agency shall have sufficient current
				  information to satisfy himself that the prospective contractor meets the
				  standards identified in
				  §1505.A of this Part.
				  Information from the sources identified in
				  §1505.A.2 of this Part
				  shall be utilized before making a determination of responsibility.
E. To the extent that a prospective
				  contractor cannot meet the standards identified in
				  §1505.A of this Part
				  except by means of proposed subcontracting, the prospective prime contractor
				  shall not be considered to be responsible unless recent performance history
				  indicates an acceptable subcontracting system or prospective major
				  subcontractors are determined by the Office of State Procurement or the head of
				  the using agency to satisfy that standard.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter A - General Provisions › Section V-2539 - Suspension, Debarment and Reinstatement (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter B - Review of Certain Contracts for Information Technology Consulting Services › Section V-2542 - Source Selection Methods [Formerly LAC 34:V.142] (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter B - Review of Certain Contracts for Information Technology Consulting Services › Section V-2545 - Request for Proposals (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter B - Review of Certain Contracts for Information Technology Consulting Services › Section V-2547 - Contracts for Data Processing Consulting Services [Formerly LAC 34:V.147] (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter C - Contracts for Information Technology Consulting Services in an Amount Greater than $100,000 › Section V-2549 - Procurement Support Team

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless a
				  procurement support team (PST) is formed in accordance with
				  R.S.
				  39:200(I), a procurement
				  support team shall be formed in accordance with the procedures defined herein
				  for every contract for the procurement of information technology consulting
				  services in an amount exceeding the maximum value specified in
				  R.S.
				  39:1621(C). At the
				  discretion of the director of the Office of State Procurement, all other
				  consulting services anticipated to exceed the maximum value specified in
				  R.S.
				  39:1621(C) may require PST
				  review of the RFP, the selection process, and subsequent contract. The
				  formation of a procurement support team shall be accomplished by the Office of
				  State Procurement and shall include one or more representatives from each of
				  the following: the Office of State Procurement, the Attorney General's Office;
				  the using agency initiating the procurement action; and the Legislative Fiscal
				  Office. The procurement support team shall submit a recommendation to the
				  director of the Office of State Procurement concerning the final contract.
				  Where a procurement support team is formed in accordance with
				  R.S.
				  39:200(I), the requirements
				  of this Section may be met by including a representative from the Attorney
				  General's Office.
B. At least two
				  members of each procurement support team should have formal training in
				  computer contract negotiations. The Legislative Fiscal Office and the Attorney
				  General's Office shall each designate in writing to the Office of State
				  Procurement the names of a primary and an alternate team member, and should
				  insure that at least one of these individuals has received formal training in
				  computer contract negotiations. It shall thereafter be the responsibility of
				  each named agency to keep the Office of State Procurement advised of any
				  changes in designated individuals. At least four members, one from each office
				  designated, must be present to constitute a quorum.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter C - Contracts for Information Technology Consulting Services in an Amount Greater than $100,000 › Section V-2554 - Emergency and Sole Source Procurements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Notwithstanding the guidelines established in Chapters 9 and 11 of this Part,
				  procurements of information technology consulting services in an amount
				  exceeding the maximum value specified in
				  R.S.
				  39:1621(C) under emergency
				  or sole source conditions shall involve a procurement support team designated
				  by the Office of State Procurement and under the direction of a team leader
				  designated by the Office of State Procurement.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter D - Revised Statutes › Section V-2587 - Revised Statutes (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter E - Appendices › Section V-2589 - Appendix A-Sample Contract [Formerly LAC 34:V.189] (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter E - Appendices › Section V-2591 - Appendix B-Sample Certification [Formerly LAC 34:V.191] (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter E - Appendices › Section V-2592 - Appendix C-Suggested Checklist for Review of Personal, Professional, Consulting and Social Services Contracts [Formerly LAC 34:V.193] (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter E - Appendices › Section V-2593 - Appendix D-Agency Transmittal Letter [Formerly LAC 34:V.195] (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1490(8).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter E - Appendices › Section V-2594 - Appendix E-Quarterly Report on Small Purchase Contracts [Formerly LAC 34:V.197] (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter E - Appendices › Section V-2595 - Appendix F-Performance Evaluation [Formerly LAC 34:V.199] (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 25 - Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts › Subchapter E - Appendices › Section V-2596 - Appendix G-Sample Auditor's Opinion for Contract Compliance Audits [Formerly LAC 34:V.201] (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 26 - Contracts Let Via a Request for Proposals Process › Section V-2601 - Application and Competitive Sealed Proposals

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter shall be applicable to
				consulting services contracts governed by
				R.S.
				39:1621(B), social services
				contracts which are not exempted by
				R.S.
				39:1619(B), and any other
				competitive sealed proposals governed by
				R.S.
				39:1595.
B. Competitive Sealed Proposals
1. For purposes of this Chapter,
competitive sealed proposals
means proposals protected from
				inspection prior to the deadline for submission. Proposals may be received in
				any manner specified in the request for proposals including receipt by mail, by
				direct delivery, or through any secure electronic interactive environment
				permitted by rule or regulation.
2.
				Any competitive sealed proposal which is withdrawn by the proposer prior to the
				deadline for submission of proposals, or which has been determined to be late
				relative to the deadline for submission of proposals, shall not be opened and
				shall instead be subject to the provisions of
				§319.D of this
				Part.
3. Except as provided in
				Paragraph 2 of this Subsection, competitive sealed proposals shall be secured
				until the proposal submission deadline.
4. Competitive sealed proposals shall not be
				inspected prior to the proposal submission deadline unless the chief
				procurement officer determines that doing so is necessary for the sole purpose
				of identifying the name of the proposer and/or the solicitation to which the
				proposal is addressed.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 26 - Contracts Let Via a Request for Proposals Process › Section V-2603 - Content in Requests for Proposals [Formerly LAC 34:V.2545(A)(1)]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All request for
				proposals (RFP) solicitations should:
1.
				specifically define the task and desired results of project;
2. identify agency liaison personnel and
				resources available to the contractor;
3. state approximately when the contractor
				can begin the work, plus an estimate of the time necessary to accomplish the
				work, if applicable;
4. specify
				applicable procedures concerning billing, documentation requirements, progress
				reports, and final reports, if applicable;
5. specify that a minimum of two copies of
				the proposal be submitted;
6.
				inform the potential contractors of the criteria and the selection methodology
				and the weight which will be applied to each significant evaluation criteria to
				be used in evaluating the proposals' responsiveness to the RFP;
7. inform the potential contractors that the
				state reserves the right to use the best and final offer (BAFO) process as a
				part of the competitive negotiation process to clarify the scope of work and/
				or to obtain the most cost effective pricing available from the proposer along
				with the proposers most favorable terms in response to the solicitation. When
				used, inform the potential contractors of the evaluation criteria and
				associated weights, if different from the initial scoring criteria and
				weights;
8. require potential
				contractors to include the following information in their proposals:
a. a description of the firm's
				qualifications, including a specific list of personnel to be used in the
				services and their qualifications (at least list the number and the
				qualifications of each position). However, a rÃsumÃ should be
				required on each of the key personnel. Additionally, the contractor should be
				required to stipulate that these personnel will not be substituted or removed
				from the contract without prior approval of the using agency;
b. a list of the agencies with names and
				contact persons, for whom similar work has been done;
c. if applicable, the length of time needed
				for the services, broken down by phases, if phasing is necessary;
d. the proposed methodology for accomplishing
				the services with a precise statement of what the state will receive as an end
				product of the services (this is sometimes referred to as the technical section
				of the proposal);
e. for consulting
				services, an itemized cost statement showing various classes of man-hours at
				appropriate rate, delineated by phases, if phasing is used, and an itemized
				listing of all other expenses or fees that are expected to be paid by the state
				and a complete breakdown of consultant overhead rate, if applicable;
f. for social services, a detailed budget or
				other cost breakdown as may be required by the using agency and/or the federal
				government.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 26 - Contracts Let Via a Request for Proposals Process › Section V-2605 - Procedures [Formerly LAC 34:V.2545.A.2]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The final selection of a contractor shall
				be made in accordance with the selection criteria established in the RFP.
				However, no contract may be enforced against the state until approval of the
				contract has been granted by the Office of State Procurement. When a final
				selection has been made, but prior to notice of award, the contract file
				containing the request for proposals, along with a selection memorandum
				justifying the final selection, shall be sent to the Office of State
				Procurement for final concurrence. The selection memorandum shall include, but
				not be limited to:
1. a list of criteria used
				along with the weight assigned each criteria;
2. scores of each proposal considered in each
				of the categories listed above along with overall scores of each proposal
				considered;
3. a narrative
				justifying selection.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 27 - Intergovernmental Regulations › Section V-2701 - Scope [Formerly LAC 34:I.2501]

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				Part applies to cooperative purchasing and other cooperative activities
				authorized by
				R.S.
				39:1702.
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 27 - Intergovernmental Regulations › Section V-2703 - Cooperative Purchasing Shall Not Adversely Affect Employees [Formerly LAC 34:I.2503] (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 27 - Intergovernmental Regulations › Section V-2705 - Cooperative Purchasing Agreement in Form of Open-Ended State Contract [Formerly LAC 34:I.2505]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Cooperative purchasing may include, but is not limited to, joint or multi-party
				contracts between public procurement units and open-ended state public
				procurement unit contracts which are made available to local public procurement
				units.
B. Any agreement between
				the state and a local public procurement unit entered into pursuant to
				R.S.
				39:1702 which provides that certain
				open-ended state procurement contracts shall be available to the local public
				procurement unit, shall also provide that:
1.
				the state shall conduct the procurement in compliance with the Louisiana
				Procurement Code;
2. when the local
				public procurement unit agrees to procure any supply or service under the state
				contract, its requirements for such supply or service shall be obtained by
				placing purchase orders against the appropriate state contract in accordance
				with the terms and conditions of such contract;
3. payment for supplies or services ordered
				by the local public procurement unit under state contracts shall be the
				exclusive obligation of said local public procurement unit;
4. inspection and acceptance of supplies or
				services ordered by the local public procurement unit under state contracts
				shall be the exclusive obligation of said local public procurement
				unit;
5. the state may terminate
				the agreement for failure of the local public procurement unit to comply with
				the terms of the contract or pay a contractor to whom the state has awarded an
				open-ended contract;
6. the
				exercise of any warranty rights attaching to supplies or services received by
				the local public procurement unit under state contracts shall be the exclusive
				obligation of said local public procurement unit; and
7. failure of a local public procurement unit
				which is procuring supplies or services under a state contract to secure
				performance from the contractor in accordance with the terms and conditions of
				its purchase order will not necessarily require the state or any other local
				publicprocurement unit to consider the default or to discontinue procuring
				under the contract.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 27 - Intergovernmental Regulations › Section V-2706 - LaMAS (Louisiana Multiple Award Schedule) State Contracts Based on GSA Prices [Formerly LAC 34:I.2506]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				State Central Purchasing Agency of the Division of Administration may establish
				state contracts based on GSA (general service administration) pricing when it
				has been determined in writing by the director of the Office of State
				Procurement that certain conditions are met, which shall become part of the
				procurement file.
B. Materials,
				supplies, or equipment shall not be purchased on a state contract based on GSA
				pricing at a price higher than the price of the same item listed on any
				available statewide competitive contract established by the Office of State
				Procurement.
C. Establishment of a
				state contract based on GSA pricing will only be considered when there is a
				valid business case.
D. State
				agencies shall not procure materials, supplies or equipment directly under a
				GSA contract. The State Central Purchasing Agency of the Division of
				Administration will:
1. be responsible for
				analyzing and determining the feasibility of establishing a LaMAS state
				contract based on GSA prices; and
2. issue procedures for establishment and
				utilization of this type of contract.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 27 - Intergovernmental Regulations › Section V-2707 - Supply of Personnel, Information, and Services [Formerly LAC 34:I.2507]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requests made to
				a public procurement unit by another public procurement unit or external
				procurement activity to provide or make available personnel, services,
				information, or technical services pursuant to
				R.S.
				39:1706, shall be complied with only to the
				extent that the chief procurement officer determines that it is practical and
				feasible to do so in terms of personnel, time, and other resources.
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 29 - Education (Repealed) › Section V-2901 - Department of Education Procurement [Formerly LAC 34:I.2901] (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1572(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 31 - Protests and Appeals, Bidder Responsibility, Suspension and Debarment of Bidders, and Contract Controversies for Boards and Institutions of Higher Education › Section V-3101 - Application [Formerly LAC 34:V.3103]

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter shall only apply to boards of
				higher education and institutions under their jurisdiction in accordance with
				R.S.
				39:1671, 1672, and 1673 of Title 39 of the
Louisiana Revised Statutes
, unless the institution is
				operating under a pilot procurement code in accordance with
				R.S.
				17:3139.5(5)(c)(i), or
				R.S.
				17:3393(A)(2)(d), which has
				adopted rules or procedures that supersede 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 31 - Protests and Appeals, Bidder Responsibility, Suspension and Debarment of Bidders, and Contract Controversies for Boards and Institutions of Higher Education › Section V-3103 - Definitions [Formerly LAC 34:V.3101]

Current through Register Vol. 50, No. 6, June 20, 2024
Aggrieved Person
-a person who files a
				  written protest in connection with the solicitation or award or the issuance of
				  a written notice of intent to award a contract under the Louisiana Procurement
				  Code and has or may have a pecuniary or other property interest in the award of
				  the contract.
Candidate for Suspension or Debarment
-a
candidate for suspension or debarment
is a person, who in the
				  opinion of the chief procurement officer has committed an action giving cause
				  for suspension or debarment pursuant to
				  R.S.
				  39:1672.C.
Commissioner
-the
commissioner
of the Division of Administration.
Contractor
-a person who has been awarded a
				  contract.
Hearing Officer
-the chief procurement
				  officer or his designee who shall exercise such authority as is granted for the
				  conduct of protests in accordance with the provisions of the Louisiana
				  Procurement Code [title 39:1551 et seq., section 1671(B)].
Interested Person
-any person who has
				  submitted a bid in response to an invitation to bid, a request for proposals,
				  or other solicitation issued under the Louisiana procurement code who has or
				  may have a pecuniary or other property interest which may be affected by a
				  determination made in a protest hearing.
Party
-as used herein, unless the content
				  clearly indicates otherwise, is either a contractor or a candidate for
				  suspension or debarment or both.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.