reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-189 - Appendix A- Sample Contract

Current through Register Vol. 50, No. 6, June 20, 2024
Sample Contract Adaptable for Use by State Agencies. (This
				  sample contract contains the minimum language required in a state contract.
				  Additional items may be added as required by the individual agency's needs and
				  applicable federal requirements.)
STATE OF LOUISIANA
PARISH OF __________________
CONTRACT
Be it known, that on this ________ day of ______________, 20, the __________________ (Agency Name) (hereinafter sometimes referred to as
				  "state") and ______________ (contractor's name and legal address including zip
				  code) ______________ hereinafter sometimes referred to as "Contractor") do
				  hereby enter into contract under the following terms and conditions.
1.
Contractor hereby agrees to furnish the following
				  services:
(If the Scope of Services is more lengthy than will fit
				  here, it may be attached separately as an addendum.)
2.
In consideration of the services described above, state
				  hereby agrees to pay to contractor a maximum fee of
.
Payment will be made only on approval of ___________. If progress and/or
				  completion to the reasonable satisfaction of the agency is obtained, payments
				  are scheduled as follows:
3.
This contract may be terminated by the state upon 30 days
				  written notice.
(Other conditions for termination may be stated here
				  also.)
4.
Upon completion of this contract, or if terminated earlier,
				  all records, reports, work sheets or any other materials related to this
				  contract shall become the property of the state.
5.
Contractor hereby agrees that the responsibility for payment
				  of taxes from the funds thus received under this agreement and/or legislative
				  appropriation shall be said contractor's obligation and identified under
				  federal tax identification number.
6.
The contractor shall not assign any interest in this
				  contract and shall not transfer any interest in same (whether by assignment or
				  novation), without prior written consent of the state, provided however, that
				  claims for money due or to become due to the contractor from the state may be
				  assigned to a bank, trust company, or other financial institution without such
				  prior written consent. Notice of any such assignment or transfer shall be
				  furnished promptly to the state.
7.
It is hereby agreed that the legislative auditor of the
				  state of Louisiana and/or the Office of the Governor, Division of
				  Administration auditors shall have the option of auditing all accounts of
				  contractor which relate to this contract.
8.
This contract shall begin on and shall terminate on.
THUS DONE AND SIGNED AT Baton Rouge, Louisiana on the day,
				  month and year first written above.
________________
CONTRACTOR
________________
STATE AGENCY
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 1 - General Provisions › Section V-191 - Appendix B- Sample Certification

Current through Register Vol. 50, No. 6, June 20, 2024
Sample Certification as required by
				  R.S.
				  39:1497.
Ms. Susan Smith, Director
Office of Contractual Review
Division of Administration
P.O. Box 94095
Baton Rouge, Louisiana 70804 -9095
Dear Ms. Smith:
In reference to the attached contract we do certify the
				  following:
1. Either no employee of
				our agency is both competent and available to perform the services called for
				by the proposed contract or the services called for are not the type readily
				susceptible of being performed by persons who are employed by the state on a
				continuing basis.
2. The services
				are not available as a product of a prior or existing professional, personal
				consulting or social service contract.
3. When applicable, the requirements for
				consulting or social service contracts, as provided for under R.S.
				39:1503-1507, have been complied with.
4. The Department of has developed and fully
				intends to implement a written plan providing for:
a. The assignment of specific agency
				personnel to a monitoring and liaison function.
b. The periodic review of interim reports or
				other indicia of performance to date; and
c. The ultimate use of the final product of
				the service.
Sincerely,
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-193 - Appendix C- Suggested Checklist for Review of Personal, Professional, Consulting and Social Services Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
1.
				Minimum Contract Content:
Yes No
___ ___ 1. 
				Contains a date upon which the contract is to begin and upon which the contract
				will terminate.
___ ___ 2. Contains
				a description of the work to be performed and objectives to be met.
___ ___ 3. Contains an amount and time of
				payments to be made.
___ ___ 4.
				Contains a description of reports or other deliverables to be received, when
				applicable.
___ ___ 5.Contains a
				date of reports or other deliverables to be received, when
				applicable.
___ ___ 6. When a
				contract includes travel and/or other reimbursable expenses, it contains
				language to effect the following:
a. travel
				and other reimbursable expenses constitute part of the total maximum payable
				under the contract; or
b. no more
				than (a certain sum) of the total
maximum amount payable under this contract shall be paid or
				  received as reimbursement for travel or other reimbursable expenses; and
c. travel expenses shall be
				reimbursed in accordance with Division of Administration Policy and Procedure
				Memorandum 49 (the state general travel regulation).
___ ___7. Contains the responsibility for
				payment of taxes, when applicable.
___ ___8.
				 Contains the circumstances under which the contract can be
				terminated either with or without cause and contains the remedies for
				default.
___ ___ 9. Contains a
				statement giving the legislative auditor the authority to audit records of the
				individual(s) or firm(s).
___ ___
				10. Contains an assignability clause.
___ ___ 11.Budget Form BA-22 P.S. fully
				completed and attached to the contract.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-195 - Appendix D- Agency Transmittal Letter

Current through Register Vol. 50, No. 6, June 20, 2024
Ms. Susan Smith, Director
Office of Contractual Review
Division of Administration
P.O. Box 94095
Baton Rouge . Louisiana 70804-9095
Ms. Smith:
The following contract(s) is/are being submitted to your
				  office this date for review and approval in accordance with
				  R.S.
				  39:1481 et seq., and the rules and
				  regulations adopted pursuant thereto:
Submitting Agency Contractor Amount
Upon approval of said contract(s) please return to:
(List Return Address)
Your cooperation in this regard is greatly
				  appreciated.
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 1 - General Provisions › Section V-197 - Appendix E- Quarterly Report on Small Purchase Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
Ms. Susan Smith, Director
Office of Contractual Review
Division of Administration
P.O. Box 94095
Baton Rouge, Louisiana 70804 -9095
Ms. Smith:
During the quarter ending the following contracts for
				  $10,000 or less were approved by the Department of.
Contract
Contract Date Contractor Purpose or Service
				  Rendered Amount
TOTAL_______________
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 1 - General Provisions › Section V-199 - Appendix F- Performance Evaluation

Current through Register Vol. 50, No. 6, June 20, 2024
(Example Only)
Agency Name ________________
Office Name ________________
Agency Contract No. _____________
DOA Contract No. __________________
Contractor ________________
Beginning and Ending Dates for Contract ____________to
				  __________
Description of Services:
Deliverable Products:
(What were final products, if any? Were they delivered on
				  time?
Were they usable?...)
Overall Performance:
(List weak points, strong points. Would you hire this
				  contractor again?)
Signature of Program Official _____________
Approved by: _____________
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 1 - General Provisions › Section V-201 - Appendix G- Sample Auditor's Opinion for Contract Compliance Audits

Current through Register Vol. 50, No. 6, June 20, 2024
We have audited the financial statements of the
Provider's Name
, for the year ended June 30, 19XX, and have
				  issued our report thereon dated September 21, 19XX. Our examination was made in
				  accordance with generally accepted auditing standards and the
Government Auditing Standards
("Yellow Book") issued by the
				  U.S. General Accounting Office, and, accordingly, included such tests of the
				  accounting records and such other auditing procedures as we considered
				  necessary in the circumstances.
The management of the
Provider's Name
, is responsible for the Provider's compliance with laws and
				  regulations. In connection with the audit referred to above, we selected and
				  tested transactions and records from the state contract, number.
The purpose of our testing of transactions and records from
				  that contract was to obtain reasonable assurance that the
Provider's Name
had, in all material respects, administered the
				  contract in compliance with laws and regulations, noncompliance with which we
				  believe could have a material effect on the allowability of contract
				  expenditures.
Our testing of transactions and records disclosed instances
				  of noncompliance with those laws and regulations. All instances of
				  noncompliance that we found are identified in the accompanying schedule of
				  findings and questioned costs.
In our opinion, except for those instances of noncompliance
				  referred to in the preceding paragraph, for the year ended June 30, 20XX, the
Provider's Name
, administered the state contract
				  number in compliance, in all material respects, with laws and regulations,
				  noncompliance with which we believe could have a material effect on the
				  allowability of contract expenditures.
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 3 - Competitive Sealed Bidding › Section V-301 - Content of the Invitation to Bid (ITB)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Invitation to Bid
1. Purchases whose estimated cost exceeds the
				defined maximum value for small purchases established by executive order of the
				governor shall provide adequate public notice in accordance with
				R.S.
				39:1594. Determination of adequate public
				notice shall take into consideration the nature and complexity of the
				solicitation. All advertisements, written invitations to bid, or other forms of
				solicitations allowed by law posted through a secure centralized electronic
				interactive environment pursuant to the Louisiana Uniform Electronic
				Transaction Act (R.S. 9:2601-2621) and applicable rules and regulations (i.e.
				LAC 4:XV.701 et seq.) shall contain general descriptions of the classes of
				commodities on which bids are solicited and shall state:
a. the date and time when bids will be
				received, opened and publicly read;
b. the names and locations of the state
				agencies for which the purchases are to be made;
c. where and how specifications and bid forms
				may be obtained.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-303 - Bidding Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bidding time is
				the period of time between the date of distribution of the invitation to bid
				and the date set for opening of bids. In each case, bidding time will be set to
				provide bidders a reasonable time to prepare their bids. For bids whose
				estimated cost exceeds the defined maximum value for
small
				purchases
established by executive order of the governor, a minimum of
				10 days shall be provided unless the chief procurement officer or his designee
				deems that a shorter time is necessary for a particular procurement. However,
				in no case shall the bidding time be less than 10 days, except as provided in
				R.S.
				39:1598 and Chapter 11 of these rules and
				regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-305 - Addenda Modifying Invitation To Bid [Formerly LAC 34:I.505]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Addenda
				modifying invitation to bid shall not be issued within a period of 72 hours
				prior to the advertised time for the opening of bids, excluding Saturdays,
				Sundays and any other legal holidays. If the necessity arises to issue an
				addendum modifying an invitation to bid within the 72 hours excluding
				Saturdays, Sundays and any other legal holiday(s), prior to the advertised time
				for the opening of bids, then the opening of bids shall be extended a minimum
				of 7 calendar days, without the requirement of readvertising. Addenda shall be
				sent to all prospective bidders known to have received an invitation to
				bid
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 3 - Competitive Sealed Bidding › Section V-307 - Bidder Submissions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bid
				Forms. All written bids, unless otherwise provided for, must be submitted on,
				and in accordance with forms provided, properly signed, including electronic
				signature, when applicable, and in the manner specified including receipt by
				mail, direct delivery, or through any secure electronic interactive environment
				permitted pursuant to the Louisiana Uniform Electronic Transaction Act and
				applicable rules and regulations. Bids submitted in the following manner will
				not be accepted:
1. bid submittal contains no
				signature indicating an intent to be bound as noted in LAC 34.V.
				321.B.2;
2. bid filled out in
				pencil;
3. bid not received as
				specified in the invitation to bid,
4. bid not received at the address specified
				in the invitation to bid prior to bid opening.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-309 - Bidder Lists [Formerly LAC 34:I.509]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bidder lists may be compiled to provide
				the state with the names 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 in respect to a particular procurement or otherwise capable of
				successfully performing a state contract.
B. Where feasible, use should be made of the
				Office of State Procurements computerized vendor list. 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.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-311 - Pre-Bid Conferences

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 to bid and shall be advertised and/or electronically posted if the
				estimated cost exceeds the defined maximum value for small purchases
				established by executive order of the governor and attendance is mandatory. The
				conference should be held long enough after the invitation to bid has been
				issued to allow bidders to become familiar with it, but sufficiently before bid
				opening to allow consideration of the conference results in preparing their
				bids. Nothing stated at the pre-bid conference shall change the invitation to
				bid unless a change is made by written addenda as provided in
				§305
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 3 - Competitive Sealed Bidding › Section V-315 - Pre-Opening Modification or Withdrawal of Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Procedure. Bids may be modified or
				withdrawn in accordance with
				R.S.
				39:1594(G). Method for
				submittal of bids, modifications, or withdrawals may be by written,
				telegraphic, fax notice, direct delivery or electronic transmission through a
				secure centralized interactive environment and received at the address
				designated in the invitation to bid prior to the time set for bid opening.
				Receipt shall be as recorded by date stamp or, received electronically in
				accordance with
				R.S.
				9:2615(B) or applicable
				regulations, at the purchasing agency. Acceptable method of delivery of
				modification or withdrawal shall be as stated within the invitation to
				bid.
B. Withdrawal of Bids. 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 opening. If a bidder
				withdraws a bid prior to bid opening, the bid will be returned to the ownership
				and possession of the bidder in accordance with
				§319.D of this
				Part.
C. Disposition of Bid
				Security. Bid security, if any, shall be returned to the bidder if requested
				when withdrawal of the bid is permitted.
D. Records. All documents relating to the
				modification or withdrawal of bids shall be made a part of the appropriate
				procurement file, except in accordance with Subsection E of this
				Section.
E. The final disposition
				of unopened bids which are withdrawn in accordance with this Section shall be
				managed in accordance with
				§319.
				D of this Part.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-317 - Late Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Formal bids and
				addenda thereto, received at the designated place in the invitation to bid
				after time specified for bid opening will not be considered, whether delayed in
				the mail, in transmission or for any cause whatsoever. If receipt of a bid is
				delayed by actions of the Office of State Procurement or the using agency
				handling the solicitation, and this delay prejudices a vendor, then the Office
				of State Procurement or using agency shall cancel the solicitation and re-bid.
				In no case will late bids be accepted.
B. The final disposition of unopened bids
				which are late as described in this Section shall be managed in accordance with
				§319.D of this
				Part.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-319 - Receipt, Opening and Recording of Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Receipt. Upon receipt, all bids and
				modifications will be time-stamped, if received other than electronically, but
				not opened. All bids received shall be secured until bid opening time.
1. Electronically received bids receipt time
				shall be determined in accordance with
				R.S.
				9:2615(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-321 - Mistakes in Bids [Formerly LAC 34:I.521]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Correction or Withdrawal of Bids. Patent
				errors in bids or errors in bids supported by clear and convincing evidence may
				be corrected, or 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. A request to withdraw a bid after the bid
				opening must be made in accordance with
				R.S.
				39:1594(G). If it is
				determined that the error is patently obvious, then the bid may be withdrawn,
				and if a bid guaranty was required it shall be returned to the
				bidder.
B. Minor Informalities.
				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; that is, the effect on price,
				quantity, quality, delivery, or contractual conditions is not significant. The
				chief procurement officer or the head of a purchasing agency 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, the
				failure of a bidder to:
1. return the number
				of signed bids required by the invitation to bid;
2. sign the bid, but only if the unsigned bid
				is accompanied by other signed material indicating the bidder's intent to be
				bound;
3. sign or initial
				write-overs, or corrections in bids;
4. get an agency's certification that a
				mandatory job-site visit was made; and
5. return nonmandatory pages of the bid
				proposal.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-323 - Bid Guaranty and Bond [Formerly LAC 34:I.523]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bid Guaranty
1. When specified in the invitation to bid, a
				bid bond, cashier's check, or certified check, made payable to the Department
				of the Treasury of the state of Louisiana, for the amount specified, must
				accompany each bid.
2. If a bid
				bond is used, it shall be written by a surety or insurance company currently on
				the U.S. Department of the Treasury Financial Management Service list of
				approved bonding companies which is published annually in the
Federal
				Register
, or by a Louisiana domiciled insurance company with at least
				an A -rating in the latest printing of the
A.M. Best's Key Rating
				Guide
to write individual bonds up to 10 percent of policyholders'
				surplus as shown in the A.M. Best's Key Rating Guide.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-325 - General Guaranty [Formerly LAC 34:I.525]

Current through Register Vol. 50, No. 6, June 20, 2024
A. At a minimum, the state shall require that
				the contractor submit to the following guarantees.
1. Hold the state, its agents and employees
				harmless against any liability for negligent acts or omissions by the
				contractor.
2. Hold the state, its
				agents and employees harmless against any liability for infringement of any
				copyright or patent arising from performance of this contract.
3. Protect the state against latent defective
				material or workmanship and to repair or replace any damages or marring
				occasioned in transit.
4. Pay for
				all necessary permits, licenses and fees and give all notices and comply with
				all laws, ordinances, rules and regulations of the city or town in which the
				installation is to be made or the contract to be performed, and of the state of
				Louisiana including, when applicable, registration with the Secretary of State
				office.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-327 - Bid Evaluation and Award

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The
				contract is to be awarded "to the lowest responsible and responsive bidder
				whose bid meets the requirements and criteria set forth in the invitation to
				bid." See
				R.S.
				39:1594(H)(competitive
				sealed bidding, award) of the Louisiana procurement code. The invitation to bid
				shall set forth the requirements and criteria which will be used to determine
				the lowest responsive bidder. No bid shall be evaluated for any requirements or
				criteria that are not disclosed in the invitation to bid.
B. Responsiveness and Responsibility
Responsive Bidder-
a person who has
				  submitted a bid under
				  R.S.
				  39:1594 which conforms in all substantive
				  respects to the invitation to bid including the specifications set forth in the
				  invitation.
Responsible Bidder or Proposer
-as defined in
				  §1501 of this
				  Part.
a. The Office of State
				Procurement, or using agency, whichever is applicable, may request suitable
				evidence that a vendor is a responsible bidder or proposer in accordance with
				Chapter 15 of this Part.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-329 - Tie Bids [Formerly LAC 34:I.529]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Definition
Tie Bids-low
responsive bids from
				  responsible bidders that are identical in price and which meet all requirements
				  and criteria set forth in the invitation to bid.
B. Resident Business Preference
1. In state contracts awarded by competitive
				sealed bidding, resident businesses shall be preferred to nonresident
				businesses where there is a tie bid and where there will be no sacrifice or
				loss of quality.
2.
Resident Business-
one authorized to do and doing business
				under the laws of this state, which either:
a. maintains its principal place of business
				in the state; or
b. employs a
				minimum of two employees who are residents of the state.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-331 - Awarding of Bids [Formerly LAC 34:I.531]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rejection of Bids. The right is reserved
				to reject any or all bids in whole or in part, and to award by items, parts of
				items, or by any group of items specified. Also, the right is reserved to waive
				technical defects when the best interest of the state thereby will be
				served.
B. Information on Bid
				Results. Information pertaining to results of bids may be secured by visiting
				the agency, except weekends and holidays, during normal working hours, or by
				complying with §335
C. Cash
				Discounts
1. Open Market Purchases and
				Definite Quantity Term Contracts. All cash discounts will be taken. However,
				cash discounts will only be considered in determining an award on terms for 30
				days or more and at least 1 percent.
2. Indefinite Quantity Term Contracts. Cash
				discounts will be accepted and taken but will not be considered in determining
				awards.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-333 - Documentation of Award [Formerly LAC 34:I.533]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Following award, a record showing the
				basis for determining the successful bidder, including reasons for rejecting
				any nonresponsive bids, shall be made a part of the procurement file.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-335 - Publicizing Awards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written
				notice of award shall be sent to the successful bidder. Notice of award shall
				be made a part of the procurement file.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 3 - Competitive Sealed Bidding › Section V-337 - Assignments [Formerly LAC 34:I.537]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No contract or purchase order or proceeds
				thereof may be assigned, sublet or transferred without prior written approval
				of the commissioner. This does not include agencies exempt in
				R.S.
				39:1572.
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 3 - Competitive Sealed Bidding › Section V-341 - Blackout Period

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				competitive sealed bids conducted in accordance with
				R.S.
				39:1594 and all competitive sealed proposals
				conducted in accordance with
				R.S.
				39:1595 (for purposes of this Section
				together called
competitive sealed procurements
) shall:
1. provide for a defined blackout period
				relative to such procurement in which communication between the bidder or
				proposer and the state relative to the procurement itself is generally
				prohibited, with defined exceptions;
2. provide a summary of the application of
				the state of Louisiana's blackout period policy;
3. provide a reference to the full text of
				the state of Louisiana's blackout period policy; and
4. designate a contact person, and
				corresponding method of communication, to whom all communications by bidders or
				proposers should be addressed.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-501 - Authorization

Current through Register Vol. 50, No. 6, June 20, 2024
A. The reverse
				auction process may be utilized in accordance with
				R.S.
				39:1600(D), subject to the
				approval of the state chief procurement officer that the best interests of the
				state would be served.
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 5 - Reverse Auctions › Section V-503 - Application (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 5 - Reverse Auctions › Section V-505 - Addenda Modifying a Reverse Auction [Formerly LAC 34:I.605]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Addenda will be
				issued in accordance with
				§305 of these
				rules.
B. It is the responsibility
				of the bidder to obtain any solicitation amendment(s) if the solicitation and
				addenda are posted on the state's internet-based system for posting bid
				opportunities.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-507 - Price Submittals [Formerly LAC 34:I.607]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bidders may submit multiple prices during
				the event. The lowest price offered will become the price portion of the bid
				response.
B. The preference
				provisions of R.S. 39:1604-1604.7 shall apply to the reverse auction
				process.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-509 - Withdrawal of Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Withdrawal of
				bids will be handled in accordance with
				§315 and
				§321 of this
				Part.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-511 - Tie Bids [Formerly LAC 34:I.611]

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event that multiple bidders submit
				identical prices for the same goods or services, the bid received first will be
				considered to be the lowest. Any other identical bids received later will be
				considered in the order received.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-513 - Rejected Bids [Formerly LAC 34:I.613]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The awarding authority may reject any bid,
				in whole or in part, and may select the next lowest responsive and responsible
				bid, if any of the following occur:
1. the
				materials, supplies, services, products, or equipment, for which the bid is
				offered are not in compliance with the requirements, specifications, terms or
				conditions as stated in the reverse auction;
2. the price of the lowest responsive and
				responsible bid exceeds the amount budgeted for the procurement;
3. it is determined that awarding any item is
				not in the best interest of the agency/department.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-515 - Public Viewing of Auction Event [Formerly LAC 34:I.615]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The public may view the internet auction
				event which will be conducted such that the names of the bidders will not be
				disclosed until after the completion of the auction, at which time the event
				record will be available to the public.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-517 - Security [Formerly LAC 34:I.617]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All reverse auctions shall be conducted in
				accordance with the electronic security requirements of
				R.S.
				9:2615(B) of the Office of
				Technology Services.
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 5 - Reverse Auctions › Section V-519 - Receipt, Opening and Recording of Bids [Formerly LAC 34:I.519]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Receipt. Upon receipt, all bids and
				modifications will be time-stamped but not opened. They shall be stored in a
				secure place until bid opening time.
B. Opening and Recording
1. Bids and modifications shall be opened
				publicly, in the presence of one or more witnesses, at the time and place
				designated in the invitation for bids. The names of the bidders and the bid
				price shall be read aloud or otherwise made available and shall be
				recorded.
2. The opened bids shall
				be available for public inspection, in accordance with R.S. 44.Chapter
				I.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-521 - Mistakes in Bids [Formerly LAC 34:I.521]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Correction or Withdrawal of Bids. Patent
				errors in bids or errors in bids supported by clear and convincing evidence may
				be corrected, or 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. A request to withdraw a bid after the bid
				opening must be made within three business days after bid opening, and
				supported in writing. If it is determined that the error is patently obvious,
				then the bid may be withdrawn, and if a bid guaranty was required it shall be
				returned to the bidder.
B. Minor
				Informalities. 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; that is, the effect on
				price, quantity, quality, delivery, or contractual conditions is not
				significant. The chief procurement officer or the head of a purchasing agency
				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, the failure of a bidder to:
1.
				return the number of signed bids required by the invitation for bids;
2. sign the bid, but only if the unsigned bid
				is accompanied by other signed material indicating the bidder's intent to be
				bound;
3. sign or initial
				write-overs, or corrections in bids;
4. get an agency's certification that a
				mandatory job-site visit was made; and
5. return nonmandatory pages of the bid
				proposal.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-523 - Bid Guaranty and Bond [Formerly LAC 34:I.523]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bid Guaranty
1. When specified in the invitation for bids,
				a bid bond, cashier's check, or certified check, made payable to the Department
				of the Treasury of the state of Louisiana, for the amount specified, must
				accompany each bid.
2. If a bid
				bond is used, it shall be written by a surety or insurance company currently on
				the U.S. Department of the Treasury Financial Management Service list of
				approved bonding companies which is published annually in the
Federal
				Register
, or by a Louisiana domiciled insurance company with at least
				an A-rating in the latest printing of the
A.M. Best's Key Rating
				Guide
to write individual bonds up to 10 percent of policyholders'
				surplus as shown in the A.M. Best's Key Rating Guide.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-525 - General Guaranty [Formerly LAC 34:I.525]

Current through Register Vol. 50, No. 6, June 20, 2024
A. At a minimum, the state shall require that
				the contractor submit to the following guarantees.
1. Hold the state, its agents and employees
				harmless against any liability for negligent acts or omissions by the
				contractor.
2. Hold the state, its
				agents and employees harmless against any liability for infringement of any
				copyright or patent arising from performance of this contract.
3. Protect the state against latent defective
				material or workmanship and to repair or replace any damages or marring
				occasioned in transit.
4. Pay for
				all necessary permits, licenses and fees and give all notices and comply with
				all laws, ordinances, rules and regulations of the city or town in which the
				installation is to be made or the contract to be performed, and of the state of
				Louisiana.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-527 - Bid Evaluation and Award [Formerly LAC 34:I.527]

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The contract is to be awarded "to
				the lowest responsible and responsive bidder whose bid meets the requirements
				and criteria set forth in the invitation for bids." See
				R.S.
				39:1594(G)(Competitive
				Sealed Bidding, Award) of the Louisiana Procurement Code. The invitation for
				bidsshall set forth the requirements and criteria which will be used to
				determine the lowest responsive bidder. No bid shall be evaluated for any
				requirements or criteria that are not disclosed in the invitation for
				bids.
B. Responsibility and
				Responsiveness
Responsive Bidder
-a person who has
				  submitted a bid under
				  R.S.
				  39:1594 which conforms in all substantive
				  respects to the invitation for bids including the specifications set forth in
				  the invitation.
Responsible Bidder
or
Offeror
-a person who has the capability in all respects to
				  perform the contract requirements and the integrity and reliability which will
				  assure good faith performance.
C.
				Product Acceptability
1. The invitation for
				bids shall set forth the evaluation criteria to be used in determining product
				acceptability. It may require the submission of bid samples, descriptive
				literature, technical data, or other material. It may also provide for:
a. inspection or testing of a product prior
				to award for such characteristics as quality or workmanship;
b. examination of such elements as
				appearance, finish, taste, or feel; or
c. other examinations to determine whether
				the product conforms with any other purchase description requirements, such as
				unit packaging. If bidder changes the unit or packaging, and it is determined
				that the change prejudices other bidders, then the bid for the changed item
				shall be rejected.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-529 - Tie Bids [Formerly LAC 34:I.529]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definition
Tie Bids
-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 Business Preference
1. In state contracts awarded by competitive
				sealed bidding, resident businesses shall be preferred to nonresident
				businesses where there is a tie bid and where there will be no sacrifice or
				loss of quality.
2.
Resident Business
-one authorized to do and doing business
				under the laws of this state, which either:
a. maintains its principal place in business
				in the state; or
b. employs a
				minimum of two employees who are residents of the state.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-531 - Awarding of Bids [Formerly LAC 34:I.531]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rejection of Bids. The right is reserved
				to reject any or all bids in whole or in part, and to award by items, parts of
				items, or by any group of items specified. Also, the right is reserved to waive
				technical defects when the best interest of the state thereby will be
				served.
B. Information on Bid
				Results. Information pertaining to results of bids may be secured by visiting
				the agency, except weekends and holidays, during normal working hours, or by
				complying with §535
C. Cash
				Discounts
1. Open Market Purchases and
				Definite Quantity Term Contracts. All cash discounts will be taken. However,
				cash discounts will only be considered in determining an award on terms for 30
				days or more and at least 1 percent.
2. Indefinite Quantity Term Contracts. Cash
				discounts will be accepted and taken but will not be considered in determining
				awards.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-533 - Documentation of Award [Formerly LAC 34:I.533]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Following award, a record showing the
				basis for determining the successful bidder, including reasons for rejecting
				any nonresponsive bids, shall be made a part of the procurement file.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-535 - Publicizing Awards [Formerly LAC 34:I.535]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written notice of award shall be sent to
				the successful bidder. In procurement over $25,000, each unsuccessful bidder
				shall be notified of the award provided that he submitted with his bid a
				self-addressed stamped envelope requesting this information. Notice of award
				shall be made a part of the procurement file.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 5 - Reverse Auctions › Section V-537 - Assignments [Formerly LAC 34:I.537]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No contract or purchase order or proceeds
				thereof may be assigned, sublet or transferred without written consent of the
				commissioner. This does not include agencies exempt in
				R.S.
				39:1572.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 6 - Reverse Auctions › Section V-601 - Definition [Formerly LAC 34:I.601]

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purpose of this Section, using
				agency means the Office of State Purchasing using the reverse auction process
				on its own behalf or on behalf of other state agencies.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 6 - Reverse Auctions › Section V-603 - Application [Formerly LAC 34:I.603]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where the using agency utilizes the
				reverse auction process on behalf of a single state agency, the head of the
				state agency requesting a reverse auction shall provide:
1. reasons that the best interest of the
				state would be served and that electronic online bidding is more advantageous
				than other procurement methods;
2.
				specifications and terms and conditions to be used for the
				procurement.