reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-319 - Proprietary Purchase

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				proprietary purchase is defined as a purchase that cites brand name, model
				number, or some other designation that identifies a specific product to be
				offered exclusive of others.
B.
				Because use of a proprietary specification is restrictive, it may be used only
				when written documents verify and substantiate that only the identified brand
				name item or items will satisfy the needs of the department.
C. In order to declare a purchase a
				proprietary procurement, a "Justification For Sole Source or Proprietary
				Purchase" document must be submitted to the DOTD procurement
				director.
D. The use of a
				proprietary specification covering a non-exempt commodity requires approval of
				the DOTD procurement director and also requires the approval of the director of
				state purchasing if the purchase exceeds the delegated purchasing authority of
				the Department of Transportation and Development.
E. The use of a proprietary specification
				covering an exempt commodity requires approval of the DOTD procurement
				director.
F. The DOTD procurement
				section shall seek to identify sources from which the designated brand name
				item can be obtained and shall solicit such sources to achieve whatever degree
				of competition is practicable. If only one source can supply the requirement,
				the procurement shall be made as a sole source procurement.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-321 - Sole Source Procurement

Current through Register Vol. 50, No. 6, June 20, 2024
A. A sole
				source procurement is the purchase of a required supply, service, or major
				repair without competition.
B. A
				sole source procurement is permissible only if the required supply, service, or
				major repair is available from only a single supplier.
C. A requirement for a particular proprietary
				item does not justify a sole source procurement if there is more than one
				potential bidder, supplier or distributor for that item.
D. Examples of circumstances which could
				necessitate a sole source procurement:
1.
				compatibility of equipment, accessories, or replacement parts is the paramount
				consideration;
2. sole supplier's
				item is needed for trial use or testing.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-323 - Emergency Purchase of Exempt Commodities

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order for the purchase of an exempt
				commodity to be declared an emergency purchase without solicitation of bids,
				the emergency must conform to the definition set forth in
				R.S.
				48:207.
B. Purchases which conform to this definition
				are made in accordance with the Department's Policy and Procedure Memorandum
				No. 38 which states the internal procedures which must be followed before
				proceeding with an emergency purchase.
C. Prior to all emergency procurements of
				exempt commodities, the DOTD procurement director or designee shall approve the
				procurement if the emergency occurs during normal working hours. Facsimile
				requests for emergency procurement should be submitted to the DOTD procurement
				director if time permits, and must contain adequate justification for the
				emergency.
D. The procurement
				method used shall be selected so that required supplies, services, or major
				repair items are procured in time to meet the emergency. Given this constraint,
				such competition as is practicable should be obtained.
E. Any bid accepted shall be confirmed in
				writing.
F. The DOTD procurement
				director shall submit reports of all emergency purchases to the Office of State
				Purchasing upon request.
G. This
				report shall cover the preceding fiscal year and shall list the following:
1. contractor's name;
2. amount and type of contract;
3. the supplies services or major repairs
				procured under the contract;
4. the
				contract number.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-325 - Emergency Procurement of Non-Exempt Commodities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions of this Section apply to
				every non-exempt procurement made under emergency conditions that will not
				permit other source selection methods to be used.
B. Emergency procurement shall be limited to
				only those supplies, services, or major repair items necessary to meet the
				emergency.
C. The Department of
				Transportation and Development is authorized to make emergency procurement of
				non-exempt commodities of up to $10,000 (or the delegated purchasing authority,
				whichever is higher) when an emergency condition arises and the need cannot be
				met through normal procurement methods.
D. Prior to all such emergency procurement of
				non-exempt commodities above the delegated purchasing authority, both the DOTD
				procurement director and the director of state purchasing shall approve the
				procurement. Facsimile requests for emergency procurement should be submitted
				to the DOTD procurement director if time permits, and must contain adequate
				justification for the emergency.
E.
				The source selection method used shall be selected to insure that the required
				supplies, services, or major repair items are procured in time to meet the
				emergency. Given this constraint, such competition as is practicable should be
				obtained.
F. Any bid accepted shall
				be confirmed in writing.
G. If
				emergency conditions exist as a result of an unsuccessful attempt to use
				competitive sealed bidding, an emergency procurement may be made.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-327 - Goods Manufactured or Services Performed by Sheltered Workshops

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S. 39:1595.4
				provides in part that a preference shall be given by all governmental bodies in
				purchasing products and services from state operated or state supported
				sheltered workshops for persons with severe disabilities.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-329 - Purchase of Used or Demonstrator Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				39:1645 authorizes the procurement of any
				equipment which is used or which has been previously purchased by an individual
				or corporation.
B. The DOTD
				procurement director must first determine that the procurement of said
				equipment is cost effective to the state.
C. After receiving the approval of the DOTD
				procurement director to proceed, the section or district will obtain a letter
				from the secretary of the Department of Transportation and Development
				certifying in writing to the director of state purchasing the following:
1. the price for which the used equipment may
				be obtained;
2. the plan for
				maintenance and repair of the equipment;
3. the cost of the equipment;
4. the savings that will accrue to the state
				because of the purchase of the used equipment;
5. the fact that following the procedures set
				out in the Louisiana Procurement Code will result in the loss of the
				opportunity to purchase the equipment.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-331 - Exclusive Statewide Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				If the Office of State Purchasing has entered into an exclusive statewide
				competitive contract for non-exempt commodities or services, the Department of
				Transportation and Development shall use such statewide competitive contracts
				when procuring such supplies or services unless given written exemption by the
				director of state purchasing.
B. A
				lower local price is not justification for exception.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-333 - Non-Exclusive Statewide Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				If the Office of State Purchasing has entered into a non-exclusive contract for
				non-exempt commodities or services, the Department of Transportation and
				Development has the option of either using the contract or seeking competitive
				bids.
B. Non-exclusive contracts
				may be by-passed if the district or section can obtain the item at a better
				price or if the delivery time is more acceptable. Approval to by-pass a
				non-exclusive contract is not required.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-335 - Brand Name Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Brand
				name contracts are non-exclusive contracts entered into by the Office of State
				Purchasing. Because these contracts are not competitively bid, they are usually
				not considered cost effective.
B.
				The department also discourages the use of brand name products which come in
				concentrated form.
C. The only
				exception to the use of brand name contracts is computers and computer
				equipment which have been mandated by the DOTD Information Technology Director
				for approved usage. Purchases must be made against brand name contracts for
				this equipment if the item appears on the information technology approved
				list.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-337 - DOTD Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. DOTD
				contracts for exempt commodities are exclusive contracts entered into by the
				DOTD procurement section. Approval to by-pass a DOTD contract requires written
				approval from the DOTD procurement director and will only be approved in cases
				of emergency.
B. DOTD contracts may
				also be referred to as invitation for bids throughout this rule.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-339 - Cost-Plus-a-Percentage-of-Cost Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				cost-plus-a-percentage-of-cost system of contracting shall not be
				used.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-341 - Vendor Commodity Lists

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Vendor commodity lists are maintained to provide the department with the names
				and addresses of businesses that may be interested in competing for various
				types of state contracts. Unless otherwise provided, inclusion or exclusion of
				the name of a business does not indicate whether the business is responsible
				with respect to a particular procurement or otherwise capable of successfully
				performing the contract.
B. It
				shall be the responsibility of the bidder to confirm that his company is in the
				appropriate bid category.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-343 - Qualified Products List

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Qualified products lists have been developed by evaluating brands and models of
				various manufacturers of an item and listing those determined to be acceptable
				products. These qualified products lists have been developed by the DOTD
				Materials and Testing Laboratory when testing or examination of the supplies or
				major repair items prior to issuance of the solicitation is desirable or
				necessary in order to best satisfy the needs of the department.
B. When developing a qualified products list,
				the DOTD Materials and Testing Laboratory shall contact a representative group
				of potential suppliers soliciting products for testing and examination to
				determine acceptability for inclusion on a qualified products list. Any
				potential supplier, even though not solicited, may offer products for
				consideration.
C. Inclusion on a
				qualified products list shall be based on results of tests or examinations
				conducted by the DOTD Materials and Testing Laboratory.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-345 - Availability of Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				continuation of a term contract which extends beyond the fiscal year is
				contingent upon the appropriation of funds to fulfill the requirements of the
				contract by the legislature. If the legislature fails to appropriate sufficient
				monies to provide for the continuation of a contract, or if such appropriation
				is reduced by the veto of the governor or by any means provided in the
				Appropriations Act or Title 39 of the Louisiana Revised Statutes of 1950 to
				prevent the total appropriation for the year from exceeding revenues for that
				year, or for any other lawful purpose and the effect of such reduction is to
				provide insufficient monies for the continuation of the contract, the contract
				shall terminate on the date of the beginning of the first fiscal year for which
				funds are not appropriated.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-347 - Bid Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				invitations for bids issued by the Department of Transportation and Development
				shall be solicited on the department's bid form and shall contain all pertinent
				information and shall be full and complete including, but not limited to, the
				following:
1. purchase description;
2. specifications;
3. special instructions and
				conditions;
4. instructions for
				submitting bids;
5. terms and
				conditions;
6. delivery
				requirements;
7.
				packaging;
8. bid evaluation and
				award criteria.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-351 - Bid Samples and/or Descriptive Literature

Current through Register Vol. 50, No. 6, June 20, 2024
A. Descriptive literature means information
				available in the ordinary course of business which shows the characteristics,
				construction, packaging or operation of an item which enables the department to
				consider whether the item meets its specifications and needs.
B. Bid sample means a sample to be furnished
				by a bidder to show the characteristics of the item offered in the
				bid.
C. Bid samples or descriptive
				literature may be required when it is necessary to evaluate required
				characteristics of the items bid.
D. If the invitation for bids states that
				either a sample or descriptive literature must be submitted with bid, the bid
				will be rejected if bidder fails to comply.
E. When the invitation for bids states that
				bidders may be required to submit a sample prior to award, the sample must be
				received by the deadline set at time of request. Failure to submit samples
				within the time allowed will result in disqualification or non-consideration of
				bid.
F. Requirements for Samples
1. When required, samples must be submitted
				free of expense to the department.
2. Samples shall be marked plainly with name
				and address of bidder and the purchase requisition number.
3. The bidder must state if he desires that
				the sample be returned after evaluation, provided that the sample has not been
				used or made useless through testing procedures. When requested, samples will
				be returned at bidder's risk and expense. Unsolicited bid samples will not be
				evaluated and will not be returned to the bidder.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-353 - New Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless
				specifically called for in the invitation for bids, all products for purchase
				must be new, never previously used, and the current model and/or packaging. No
				remanufactured, demonstrator, used or irregular product will be considered for
				purchase unless otherwise specified in the invitation for bids.
B. The manufacturer's standard warranty will
				apply.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-355 - Brand Names

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless
				otherwise specified in the invitation for bids, any manufacturer's name, trade
				name, brand name, or catalog number used in the solicitation is for the purpose
				of describing the standard of quality, performance and characteristics desired
				and is not intended to limit or restrict competition.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-357 - Product Acceptability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				invitation for bids shall set forth the evaluation criteria to be used in
				determining product acceptability. The invitation for bids may require the
				submission of bid samples, descriptive literature, technical data, or other
				material. It may also provide for inspection or testing of a product prior to
				award for such characteristics as quality or workmanship.
B. Examination of the product to determine
				whether the product conforms with purchase description requirements, such as
				unit of measure or packaging, shall be performed. If a bidder changes the unit
				or packaging, the bid for the changed item shall be rejected.
C. The acceptability evaluation is not
				conducted for the purpose of determining whether one bidder's item is superior
				to another but only to determine that a bidder's offering is acceptable as set
				forth in the invitation for bids. Any bidder's offering which does not meet the
				acceptability requirements shall be rejected.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-359 - Estimated Quantities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Term
				contracts and/or indefinite quantity contracts contain no specific quantities
				given or guaranteed. Only such quantities as required by the department during
				the contract period will be ordered.
B. Estimated quantities are based on the
				previous contract usage or estimates. Where usage is not available, a quantity
				of one indicates a lack of history on the item.
C. The contractor must supply actual
				quantities ordered, whether the total of such quantities are more or less than
				the estimated quantities shown on the bid schedule.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-361 - Guarantee and Liability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Department of Transportation and Development requires that all contractors
				submit to the following guarantees.
1.
				Guarantee that the supplies delivered are free from defects in design and
				construction.
2. Guarantee that the
				supplies are the manufacturer's standard design in construction and that no
				changes or substitutions have been made in the items listed in the
				contract.
3. Guarantee that the
				contractor holds and saves the Department of Transportation and Development,
				its officers, agents and employees harmless from liability of any kind,
				including cost and expenses on account of any patented or non-patented
				invention, articles, devices or appliances manufactured or used in the
				performance of any DOTD contract, including use by the government.
4. Guarantee to replace free of charge all
				defective equipment, materials or supplies delivered under the contract. All
				transportation charges covering return and replacement shall be paid by the
				contractor.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-363 - Pre-Bid Conferences Covering Exempt Commodities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pre-bid conferences may be conducted to
				explain the procurement requirements. They shall be announced to all
				prospective bidders known to have received an invitation for bids and shall be
				advertised in the Official Journal of the State if the estimated cost is over
				$25,000 (or the latest revision to
				R.S.48:205,
				whichever is higher).
B. The
				conference will be held after an interval following the issuance of invitation
				for bids in order to allow bidders to become familiar with the invitation, but
				sufficiently before bid opening to allow consideration of the conference
				results in preparing their bids.
C.
				Nothing stated at the pre-bid conference shall change the invitation for bids
				unless an addendum is issued.
D. If
				the pre-bid conference requires mandatory attendance, bidders not attending the
				conference will not be considered for award.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-365 - Modifying Written Bid Solicitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Addenda modifying written bid
				solicitations covering purchases above the non-competitive bid level shall not
				be issued within three working days prior to the scheduled bid opening date for
				the opening of bids, excluding Saturdays, Sundays and any other legal
				holidays.
B. If the necessity
				arises to issue an addendum modifying an invitation for bids within the three
				working day period prior to the bid opening date, then the opening of bids
				shall be extended exactly one week, without the requirement of
				re-advertising.
C. An addendum
				shall be sent to all prospective bidders known to have received an invitation
				for bids.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-367 - Cancellation of Invitation for Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. A solicitation may be canceled in whole or
				in part when the DOTD procurement director determines, in writing, that such
				action is in the best interest of the department, for reasons including, but
				not limited to the following:
1. the
				department no longer requires the supplies, services, or major
				repairs;
2. proposed amendments to
				the solicitation would be of such magnitude that a new solicitation is
				desirable;
3. ambiguous or
				otherwise inadequate specifications were part of the solicitation;
4. the solicitation did not provide for
				consideration of all factors of significant cost to the state;
5. prices exceed available funds and it would
				not be appropriate to adjust quantities to come within available
				funds;
6. all otherwise acceptable
				bids received are at unreasonable prices;
7. there is reason to believe that the bids
				or proposals may not have been independently calculated in open competition,
				may have been collusive, or may have been submitted in bad faith.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-369 - Modification or Withdrawal of Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bids covering requests for quotations may
				be modified or withdrawn by written, telegraphic or fax notice received at the
				address designated in the invitation for bids prior to the time set for bid
				opening, as recorded by date stamp at the DOTD procurement section.
B. Bids covering sealed bids may only be
				modified if the modification is received in writing prior to the time set for
				bid opening, as recorded by date stamp at the DOTD procurement section.
				Telegraphic or fax modifications will not be accepted on a sealed
				bid.
C. A written request for the
				withdrawal of a bid or any part thereof will be granted if the request is
				received prior to the specified time of bid opening. If a bidder withdraws a
				bid prior to the bid opening, the bid document will be returned to the
				bidder.
D. All documents relating
				to the modification or withdrawal of bids shall be made a part of the
				appropriate procurement file.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-371 - Postponed Bid Openings

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the
				event that bids are scheduled to be opened on a day that is a federal holiday,
				or if the governor, by proclamation, creates an unscheduled holiday, or for any
				cause that creates a non-working day, bids scheduled to be opened on that day
				shall be opened on the next working day at the same address and time specified
				in the invitation for bids.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-373 - Receipt, Opening and Recording of Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt, all bids and modified bids
				will be time-stamped, but not opened. They shall be stored in a secure place
				until time for bid opening.
B. Bids
				and modified bids shall be publicly opened and publicly read at the time and
				place designated in the invitation for bids if prospective bidders attend the
				bid opening.
C. The names of the
				bidders and the bid price shall be read aloud or otherwise be made available
				and shall be recorded.
D. Bidders
				may attend the bid opening but no information or opinion concerning the
				ultimate award will be given at the bid opening or during the evaluation
				process.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-375 - Late Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Formal bids
				and addenda thereto, received at the address designated in the invitation for
				bids after the time specified for bid opening will not be considered, whether
				delayed in the mail or for any other causes whatsoever. In no case will late
				bids be accepted.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-377 - Bid Results

Current through Register Vol. 50, No. 6, June 20, 2024
A. Information
				pertaining to results of bids may be secured by visiting the Department of
				Transportation and Development during normal working hours, except weekends and
				holidays.
B. Written tabulations
				may be obtained by submitting a stamped self-addressed envelope with the
				bid.
C. Information pertaining to
				completed files may be secured by visiting the department during normal working
				hours.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-379 - Rejection of Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. All written
				bids, unless otherwise provided for, must be submitted on, and in accordance
				with, forms provided. Bids submitted in the following manner will not be
				accepted:
1. bid contains no signature
				indicating an intent to be bound;
2. a typed name without either a printed or
				written signature will not be accepted;
3. bid completed in pencil;
4. bids received after the bid opening
				time;
5. bids not submitted on the
				Department of Transportation and Development's bid form indicating an intent
				not to be bound by the department's special instructions and
				conditions;
6. bids which contain
				special conditions and terms which differ from the department's special
				instructions and conditions.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-381 - Mistakes in Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bids may be
				withdrawn, if such correction or withdrawal does not prejudice other bidders,
				and such actions may be taken only to the extent permitted under these
				regulations.
B. A request to
				withdraw a bid after the bid opening must be made within three business days
				after bid opening, and must be supported in writing.
C. Requests to withdraw a bid after three
				business days will be considered by the DOTD procurement director and the
				bidder may or may not be allowed to withdraw the bid based on the best interest
				of the Department of Transportation and Development.
D. Minor informalities are matters of form
				rather than substance which are evident from the bid document, or insignificant
				mistakes that can be waived or corrected without prejudice to other bidders.
				The DOTD procurement director may waive such informalities or allow the bidder
				to correct them depending on which is in the best interest of the state.
				Examples include, but are not limited to:
1.
				failure to return the number of signed bids required by the invitation for
				bids;
2. failure to sign the bid,
				but only if the unsigned bid is accompanied by other signed material indicating
				the bidder's intent to be bound;
3.
				failure to sign or initial a write-over or correction in bid;
4. failure to get certification that a
				mandatory job-site visit was made;
5. failure to return non-mandatory pages of
				the bid proposal.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-383 - Increase or Decrease in Quantities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bidders must quote in the quantity shown
				on the invitation for bids.
B.
				Bidders increasing or decreasing quantity due to packaging will not be
				considered for award.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-385 - Alternate Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any bidder
				quoting an alternate product which does not fully comply with the
				specifications contained in the invitation for bids must state in what respect
				the product deviates.
B. Failure to
				note exceptions on the bid form will be considered an indication that the
				product meets the specifications contained in the invitation for
				bids.
C. Bidders quoting an
				equivalent brand or model should submit with the bid information such as
				illustrations, descriptive literature and /or technical data sufficient for the
				Department of Transportation and Development to evaluate quality, suitability
				and compliance with the specifications.
D. Failure to submit descriptive information
				may cause bid to be rejected.
E.
				Any change made to a manufacturer's published specification submitted for a
				product should include verification by the manufacturer.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-387 - "All or None" Bids Covering Non-Exempt Commodities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bidders may limit a bid on acceptance of
				the whole bid, whereupon the department shall not thereafter reject part of
				such bid and award on the remainder.
B. An award shall be made to the "all or
				none" bid only if it is the overall low bid on all items, or on those items
				bid.
C. The overall low bid shall
				be that bid whose total bid, including all items bid, is the lowest dollar
				amount; be it an individual bid or a computation of all low bids on individual
				items of those bids that are not conditioned "all or none."
D. When multiple items are contained on any
				solicitation and the department chooses to make a group award in order to save
				the department the cost of issuing another purchase order, an award may be made
				to a vendor already receiving a purchase order if the total bid for said item
				is $1,000 or less, and the total difference between the low bidder and the
				bidder receiving the award is $100 or less.
E. Bidders quoting "all or none" will not be
				considered for award if the invitation for bids specifically states that "all
				or none" bids will not be considered for award. The only exception to this is
				if the bidder is the low bidder on all items.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-389 - "All or None" Bids Covering Exempt Commodities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bidders may limit a bid on acceptance of
				the whole bid, whereupon the department shall not thereafter reject part of
				such bid and award on the remainder.
B. When multiple items are contained on any
				solicitation and the department chooses to make a group award in order to save
				the department the cost of issuing another purchase order, an award may be made
				to a vendor already receiving a purchase order if the total bid for said item
				is $1,000 or less, and the total difference between the low bidder and the
				bidder receiving the award is $100 or less.
C. The decision to award on the basis of all
				of none or on individual items will be determined by the DOTD procurement
				director taking into consideration the best interest of the Department of
				Transportation and Development.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-391 - Preferences

Current through Register Vol. 50, No. 6, June 20, 2024
A. Preference in
				awarding contracts will be given for all types of products produced,
				manufactured, assembled, grown, or harvested in Louisiana in accordance with
				the Louisiana Procurement Code.
B.
				Preferences will not be considered in the award of service contracts.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-393 - Bid Prices

Current through Register Vol. 50, No. 6, June 20, 2024
A. All bid
				prices shall remain firm for the contractual period.
B. Unit prices must not exceed four digits to
				the right of the decimal point. Unit prices submitted beyond four digits will
				be rounded off to the nearest fourth digit.
C. All bid prices quoted shall include all
				costs incidental to any license or patent that may be held by any company. The
				bidder agrees to hold the Department of Transportation and Development harmless
				from any claims, suits, costs or penalties for infringement or use of licensed
				or patented products.
D. Bid
				prices, unless otherwise specified, must be net including transportation and
				handling charges fully prepaid to destination. Bids containing C.O.D.
				requirements will not be considered for award.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-395 - Bids Binding

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless
				otherwise specified, all invitations for bid shall be binding for a minimum of
				30 calendar days. Nevertheless, if the lowest responsive and responsible bidder
				is willing to keep his price firm in excess of 30 days, the department may
				award to this bidder after this period has expired, or after the period
				specified in the bid has expired.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-397 - Taxes

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to Act
				1029 of the 1991 Regular Session of the Louisiana Legislature, the state and
				any of its agencies, boards or commissions are exempt from the Louisiana State
				Sales and Use Taxes.
B. Vendors are
				responsible for including any other applicable taxes in the bid
				price.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-399 - Rejection of Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department
				of Transportation and Development reserves the right to reject any or all bids
				in whole or in part, waive any informalities, and to award by items, parts of
				items, or by any group of items specified and/or waive any
				informalities.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-401 - Bid Evaluation and Award

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Contracts are awarded to the lowest responsible and responsive bidder whose bid
				meets the requirements and criteria set forth in the invitation for
				bids.
B. No bid shall be evaluated
				for any requirements or criteria that are not disclosed in the invitation for
				bids.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-403 - Determination of Lowest Bidder

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Following determination of product acceptability, bids will be evaluated to
				determine which bidder offers the lowest cost to the Department of
				Transportation and Development in accordance with the evaluation criteria set
				forth in the invitation for bids.
B. Only objectively measurable criteria which
				are set forth in the invitation for bids shall be applied in determining the
				lowest bidder. Evaluation factors shall treat all bids equitably.
C. A contract shall not be awarded to a
				bidder submitting a higher quality item than that required by the invitation
				for bids unless the bid is also the lowest bid meeting specifications. There
				shall be no negotiation with any bidder.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-405 - Tie Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Tie bids are
				defined as low responsive bids from responsible bidders that are identical in
				price and which meet all requirements and criteria set forth in the invitation
				for bids.
B. Resident businesses
				shall receive preference over nonresident businesses where there is a tie bid
				and where there will be no sacrifice or loss of quality.
C. A written determination justifying the
				manner of award must be made a part of the file. This would include, but is not
				limited to consideration of such factors as:
1. resident business;
2. proximity;
3. past performance;
4. delivery;
5. completeness of bid proposal.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-407 - Discounts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Discounts will
				be considered in determining low bidder on one-time purchases or definite
				quantity purchases if the discount is at least 1 percent for a minimum of 30
				days.
B. In the event the discount
				is for less than 1 percent or less than 30 days, the discount will be taken but
				will not be a determining factor in the bid evaluation.
C. Discounts will not be considered in
				determining low bidder on term contracts or indefinite quantity
				purchases.
D. Discounts will be
				taken but will not be a determining factor in the bid evaluation.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-409 - Standards of Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				responsible bidder is a company or person who has the capability in all
				respects to perform fully the contract requirements, and which has the
				integrity and reliability which will assure good faith performance.
B. Capability, as used in this rule, means
				capability at the time of award of the contract, unless otherwise specified in
				the invitation for bids.
C. Factors
				to be considered in determining whether the standard of responsibility has been
				met include, but are not limited to, whether a prospective contractor has the
				appropriate financial, material, equipment, facility, and personnel resources
				and expertise, or the ability to obtain them, necessary to indicate capability
				of meeting all contractual requirements.
D. The prospective contractor shall supply
				information requested concerning the responsibility of such
				contractor.
E. If such contractor
				fails to supply the requested information, the DOTD procurement director shall
				base the determination of responsibility upon any available information or may
				find the prospective contractor non-responsive.
F. Before awarding a contract, the
				procurement officer must be satisfied that the prospective contractor is
				responsible.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-411 - Signatory Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. By
				signing a bid form, the bidder certifies that the bid is made without collusion
				or fraud.
B. In accordance with
				R.S.39:1594,
				the person signing the bid must be:
1. a
				current corporate officer, partnership member or other individual specifically
				authorized to submit a bid as reflected in the appropriate records on file with
				the Secretary of State; or
2. an
				individual authorized to bind the vendor as reflected by an accompanying
				corporation resolution, certificate or affidavit; or
3. an individual listed on the State of
				Louisiana Bidder's Application as authorized to execute bids.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-413 - Documentation of Award

Current through Register Vol. 50, No. 6, June 20, 2024
A. Following
				award, all files shall contain documentation including, but not limited to, the
				following:
1. a list of all solicited
				bidders;
2. a list of all bids
				received;
3. the bid tabulation;
				and
4. the basis of
				award.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-415 - Insurance Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				contractor performing any service on any premises of the Department of
				Transportation and Development must furnish proof of:
1. public liability insurance;
2. property damage insurance;
3. workmen's compensation insurance;
				and
4. automobile public liability
				insurance, if applicable before work can commence.