reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 53 - Procurement of Equipment › Section I-5315 - Payment for Selected Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The trustee bank for the nonprofit lessor shall disburse the necessary funds
				  for the purchase of the equipment. Thereafter, the Division of Administration
				  as lessee, shall be responsible for remitting the required lease payments to
				  the trustee bank.
B. The lease
				  payments for items of equipment which were scheduled to be purchased by General
				  Fund-Direct will be appropriated directly to the Division of Administration in
				  a special supplemental appropriation.
C. The lease payments for items of equipment
				  which were scheduled to be purchased with federal funds, dedicated funds, or
				  self-generated funds will be appropriated to the respective using agency to be
				  transferred to the Division of Administration for the required payments to the
				  trustee bank.
D. The lease payments
				  for items of equipment which were scheduled to be purchased through the Capital
				  Outlay Bill will be appropriated directly to the special appropriation under
				  the Division of Administration.
E.
				  The trustee bank will provide to the Division of Administration prior to
				  January 1 of each year, a schedule listing the amount of lease payments
				  required for each item of equipment. The Division of Administration shall
				  invoice the using agencies for lease payments funded by means other than the
				  State General Fund-Direct no later than 30 days prior to the actual lease
				  payment. For lease payments funded by the State General Fund-Direct, the
				  Division of Administration shall issue a memo invoice to the respective using
				  agencies.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 39:1761-1771.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 53 - Procurement of Equipment › Section I-5316 - Insurance on Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. During the
				  term of the lease purchase contract applicable to the individual pieces of
				  equipment, the using agency shall maintain at its expense property insurance on
				  the equipment for the replacement value of the equipment or the remaining
				  outstanding lease payments owed by the using agency for said equipment,
				  whichever is greater. The policy shall contain a loss payable clause as to make
				  losses payable to the Division of Administration as lessee, the Louisiana
				  Public Facility Authority as owner, or such other nonprofit corporation owner
				  as may be applicable, the letter of credit bank, and the trustee bank, as their
				  respective interest may appear. Using agency shall contact the Division of
				  Administration prior to insuring said equipment to ascertain the names of said
				  beneficiaries and their respective interest.
B. The policy shall also contain any and all
				  additional requirements of the applicable equipment lease-purchase contract, by
				  and between the Division of Administration and the nonprofit lessor. Insurance
				  coverage shall be requested through the Office of Risk Management and such
				  request shall be made no later than 90 days prior to the estimated date of
				  receiving the equipment.
C. The
				  using agency shall furnish the Division of Administration, State Accounting
				  Office, Accounting Services, duplicate certificates of insurance evidencing the
				  required insurance coverage. The Division of Administration, State Accounting
				  Office, Accounting Services, shall send the certificate of insurance to the
				  nonprofit lessor and the trustee bank as required by the applicable
				  lease-purchase contract.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 39:1761-1771.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 53 - Procurement of Equipment › Section I-5318 - Maintenance on Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The using
				  agency shall at all times during the lease, at using agency's expense,
				  maintain, preserve and keep the equipment in good repair and working order in
				  full and complete accordance with the selected vendor's specifications. The
				  using agency shall furnish proof that the equipment is being maintained in such
				  a fashion, upon request, to the Division of Administration.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 39:1761-1771.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 53 - Procurement of Equipment › Section I-5320 - Title to the Selected Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Title to the selected equipment shall be retained by the nonprofit lessor until
				  such time as the equipment is paid for in accordance with the equipment
				  lease-purchase contract, at which time title shall be transferred to the using
				  agency.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 39:1761-1771.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 53 - Procurement of Equipment › Section I-5322 - State Master Listing of Inventory

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The using agency through its bonded property manager shall enter and maintain
				  the equipment on the State Master Listing of Inventory (AM014) with an
				  acquisition code of 6 (loan) and the classification code of 5262550 (LPFA
				  Equip.-D of A) in the Classification Code column during the term of the lease.
				  The using agency shall use its agency number assigned for property control and
				  shall assign the respective tag number, if applicable. The acquisition date
				  shall be the date the using agency receives the equipment. The acquisition cost
				  shall be the actual cost of the equipment when purchased by the trustee bank.
				  The item of property shall be fully and properly described in the Make and
				  Model columns so as to facilitate identification during each annual inventory
				  of movable property by the using agency.
B. Upon transfer of title of the equipment to
				  the state, at termination of the lease term or at any time an option to
				  purchase is elected, the acquisition code shall be revised to 0 and the
				  identification code of 526255 shall be changed to the proper classification
				  code for the piece of equipment in question. All other requirements of entering
				  and maintaining the equipment on the State Master Listing of Inventory shall be
				  as set forth in the State Property Control rules and regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 39:1761-1771.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 53 - Procurement of Equipment › Section I-5324 - Taxes

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purchase of
				  the selected equipment by the nonprofit lessor are exempt from state and local
				  sales tax to the same extent as the state would be if the state was making the
				  actual procurement, all in accordance with
				  R.S.
				  39:1765.B.
Attachment "A"
American Bank and Trust Company
Four United Plaza
8555 United Plaza Boulevard, Suite 302
Baton Rouge, Louisiana 70809
Attention: J. Michael Brouillette
Vice President and Trust Officer
RE: Louisiana Public Facilities Authority Revenue Bonds
					 (State of Louisiana Equipment Leasing Program) Series 1985
Gentlemen:
§1. TO BE COMPLETED BY THE DIVISION OF
				  ADMINISTRATION:
This is to advise you as Trustee for the above referenced
					 issue of bonds that the equipment described in purchase/release order number, attached hereto, has been received and accepted by the applicable purchasing
					 agency and approval is hereby given for payment of the purchase price of said
					 equipment.
APPROVAL:
__________________________
Authorized State Representative Date
§2. TO BE COMPLETED BY USING AGENCY:
Also be advised that the using agency certifies the
					 following applicable information:
The equipment is being insured under the state's
					 self-insurance program, or if under commercial coverage a copy of the binder is
					 attached.
The equipment shall be located in the parish of The serial
					 number (if available) is No. ______________________________ The state's
					 inventory control number (if applicable) assigned by the using agency is
Also attached are the title documents necessary to place
					 legal title in the Louisiana Public Facilities Authority to the Item of
					 Equipment which is to be purchased upon payment to the vendor of the purchase
					 price thereof.
Agency Comments ______________ ________________
____________________________ __________________
ACCEPTANCE:
_________________________ _____
Authorized Using Agency Official
					 Date
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 55 - Procedures for Information Technology Hardware, Software, Software Maintenance and Support Services and Hardware Maintenance › Section I-5501 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  describes the procedures that all agencies in the Executive Branch must follow
				  for the procurement of Information Technology Hardware, Software, Software
				  Maintenance and Support Services, and Hardware Maintenance. Situations not
				  covered by these rules may be found in the general statutes and rules and
				  regulations of the Procurement Code.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:199.C and
					 D.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 55 - Procedures for Information Technology Hardware, Software, Software Maintenance and Support Services and Hardware Maintenance › Section I-5503 - Procedures for Procurement of Information Technology Hardware

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section
				  describes the information that all agencies in the Executive Branch must
				  furnish when seeking approval of the Office of State Purchasing for the
				  procurement of information technology hardware including installation with a
				  cost exceeding the agency's delegated purchasing authority. Information
				  technology hardware, for the purpose of this Section, is defined as any
				  electronic data processing device including but not limited to central
				  processing units, memory, peripheral devices, unit record equipment, data
				  communications equipment, mini-computers and peripherals, graphics equipment
				  including digitizers and plotters, optical scanning equipment, and shared logic
				  word processing equipment, printers, multifunctional devices, and scanners.
				  Equipment that does not fit into any of the above categories will be handled on
				  a case-by-case basis and the agency must contact the Office of State Purchasing
				  for a ruling on the justification required.
B. This Section does not apply to
				  acquisitions from State Brand Name Contracts. Terms and conditions for Brand
				  Name Contracts may contain additional procedures that an agency must follow.
				  However, an approved IT-10 is needed for all IT procurements in excess of
				  $100,000.
C.
1. For requests not covered by an existing
				  contract, the following should be provided to the Office of State Purchasing to
				  avoid delays in approval:
a. a general
				  description of the mission to be accomplished using the requested
				  equipment;
b. a detailed list of
				  the proposed equipment, including quantities and estimated costs for lease,
				  purchase, rental, maintenance, etc.;
c. an approved IT-10 form with all requests
				  for procurements in excess of $100,000.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 55 - Procedures for Information Technology Hardware, Software, Software Maintenance and Support Services and Hardware Maintenance › Section I-5505 - Procedures for the Procurement of Information Technology Software

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section
				  will describe the procedures that all agencies in the executive branch must
				  follow when seeking to acquire information technology software.
B. Information technology software, for the
				  purpose of this Section is defined as any program or series of programs offered
				  commercially to computer installations.
C. If the cost of the information technology
				  software including modifications, installation integration, training for the
				  total project plus maintenance and support services
,
for a 12
				  month period to be acquired is under $100,000, it is deemed to have the advance
				  approval of the Office of State Purchasing and shall not be for a price greater
				  than the vendor's published price.
1. The
				  agency must include in the procurement file a list of all known information
				  technology software packages investigated which claim to accomplish the
				  required task. Name each investigated, its total cost, and the rationale for
				  selection or rejection.
2. The
				  Office of State Purchasing will assist any agency in the negotiation of
				  contract agreements and any other procurement related functions.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 55 - Procedures for Information Technology Hardware, Software, Software Maintenance and Support Services and Hardware Maintenance › Section I-5507 - Procedures for the Procurement of Information Technology Hardware Maintenance

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section
				  will describe the procedures that all agencies in the executive branch must
				  follow when seeking to acquire information technology hardware
				  maintenance.
B. For purposes of
				  this Section, information technology hardware maintenance consists of remedial
				  maintenance, preventative maintenance, replacement parts, labor and engineering
				  changes necessary to keep information technology hardware in good working
				  condition.
C. Procurements for
				  information technology hardware maintenance under $100,000 may be handled
				  non-competitively and are deemed to have the advance approval from the Office
				  of State Purchasing and shall not be for a price greater than the vendor's
				  published price. The Office of State Purchasing will assist any agency in the
				  negotiation of contract agreements and any other procurement related
				  functions.
D. It is the state's
				  intent to compete information technology hardware maintenance with a total cost
				  greater than $100,000 whenever possible.
1.
				  Information technology hardware maintenance over $100,000 may be procured
				  non-competitively from the original equipment manufacturer (OEM) if the
				  maintenance is for mission critical equipment (such as mainframes, mainframe
				  peripherals, enterprise servers, or network backbone components). The agency
				  must submit a letter of justification signed by the head of the agency or his
				  designee to the Office of State Purchasing.
2. Any agency or entity that does not use the
				  competitive process or an established standard or statewide agreement for
				  procurement of information technology hardware maintenance with a total cost in
				  excess of $100,000 must fully justify its request to the Office of Information
				  Technology and obtain concurrence prior to submission to the Office of State
				  Purchasing for further processing.
3. Information technology hardware
				  maintenance not covered in Paragraph D.1 must be competitively procured through
				  the Consulting and Support Services Agreement (CSSA), Invitation to Bid (ITB),
				  or request for proposal (RFP) process.
4. Information technology hardware
				  maintenance of $100,000 or greater must have been included in an approved IT-10
				  from the Office of Information Technology.
5. Procurements shall not be artificially
				  divided to circumvent the $100,000 threshold.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 55 - Procedures for Information Technology Hardware, Software, Software Maintenance and Support Services and Hardware Maintenance › Section I-5509 - Procedures for the Procurement of Information Technology Software Maintenance

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section
				  will describe the procedures that all agencies in the Executive Branch must
				  follow when seeking to acquire information technology software
				  maintenance.
B. For the purposes of
				  this Section, information technology software maintenance includes on-site,
				  telephone and/or on-line troubleshooting, installation assistance, basic
				  usability assistance, etc. Information technology software products and
				  technologies to be covered include operating systems, application software and
				  systems, application software, and systems and network management software,
				  tools and utilities.
C.
				  Procurements for information technology software maintenance under $100,000 may
				  be handled non-competitively and are deemed to have the advance approval from
				  the Office of State Purchasing and shall not be for a price greater than the
				  vendor's published price. The Office of State Purchasing will assist any agency
				  in the negotiation of contract agreements and any other procurement related
				  functions.
D. It is the state's
				  intent to compete information technology software maintenance with a total cost
				  greater than $100,000 whenever possible.
1.
				  Any agency or entity that does not use the competitive process or an
				  established standard or statewide agreement for procurement of information
				  technology software maintenance with a total cost in excess of $100,000 must
				  fully justify its request to the Office of Information Technology and obtain
				  concurrence prior to submission to the Office of State Purchasing for further
				  processing.
2. Information
				  technology software maintenance in which the software vendor is the only
				  authorized entity to provide product fixes, patches, updates, or upgrades can
				  continue to be handled non-competitively in accordance with
				  R.S.
				  39:199.D. A letter from the information
				  technology software vendor substantiating the above information is
				  required.
3. Any other type of
				  information technology software maintenance not covered in Paragraphs D.1 or
				  D.2 must be competitively procured through the Consulting and Support Services
				  Agreement (CSSA), Invitation to Bid (ITB) or request for proposal (RFP)
				  process.
4. Information technology
				  software maintenance with a cost of $100,000 or greater must have been included
				  in an approved IT-10 from the Office of Information Technology.
5. Procurements shall not be artificially
				  divided to circumvent the $100,000 threshold.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 55 - Procedures for Information Technology Hardware, Software, Software Maintenance and Support Services and Hardware Maintenance › Section I-5511 - Procedures for the Procurement of Information Technology Software Support Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section
				  will describe the procedures that all agencies in the executive branch must
				  follow when seeking to acquire information technology software support
				  services.
B. For purposes of this
				  Section, information technology software support services include capacity
				  planning, performance analysis, on-site troubleshooting, custom modifications,
				  etc.
C. Procurements for
				  information technology software support services under $50,000 may be handled
				  non-competitively and are deemed to have the advance approval of the Office of
				  State Purchasing. The Office of State Purchasing will assist any agency in the
				  negotiation of contract agreements and any other procurement related
				  functions.
D. Procurements shall
				  not be artificially divided to circumvent the $50,000 threshold.
E. Information technology software support
				  services of $50,000 or greater must be procured using the Consulting and
				  Support Services Agreement (CSSA) or the request for proposal (RFP) process in
				  accordance with
				  R.S.
				  39:1481 et seq. (Office of Contractual
				  Review).
F. Information technology
				  software support services of $100,000 or greater must have been included in an
				  approved IT-10 from the Office of Information Technology.
G. It is the state's intent to compete
				  information technology software support services with a total cost of $50,000
				  or greater whenever possible.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:199.D.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 55 - Procedures for Information Technology Hardware, Software, Software Maintenance and Support Services and Hardware Maintenance › Section I-5515 - Pre-Printed Contract Forms; Clauses; Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with the provisions of
				  R.S.
				  39:200(F) the director of
				  purchasing may approve a vendor's pre-printed contract form in accordance with
				  the following requirements.
B. All
				  pre-printed contract forms submitted for approval shall, at a minimum, contain
				  the following provisions:
1. the contract
				  shall be governed by the laws of the state of Louisiana;
2. the unilateral right of the state to order
				  in writing changes in the work within the general scope of the contract in any
				  one or more of the following:
a. drawings,
				  designs, or specifications, if the supplies to be furnished are to be specially
				  manufactured for the state in accordance therewith;
b. method of shipment or packing;
				  or
c. place of delivery;
3. the unilateral right of the
				  state to order in writing temporary stopping of the work or delaying of
				  performance;
4. variations between
				  estimated quantities of work in a contract and actual quantities;
5. termination of the contract for vendor's
				  default;
6. termination of the
				  contract in whole or in part for the convenience of the state;
7. the vendor agrees continuation of
				  contracts in effect during more than one 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 the 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.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 55 - Procedures for Information Technology Hardware, Software, Software Maintenance and Support Services and Hardware Maintenance › Section I-5519 - Procurement of Consulting Services as Related Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				  39:197(1) allows for the
				  procurement of consulting services, as otherwise subject to the provisions of
				  chapter 16 of title 39 of the
Louisiana Revised Statutes
,
				  which services are ancillary to the procurement of data processing hardware or
				  software. Such ancillary consulting services are to be considered as "related
				  services" authorized to be procured in accordance with the provisions of
				  chapter 17 of title 39 of the
Louisiana Revised Statutes
only
				  when the services are included as a part of the acquisition of the data
				  processing hardware or software.
B.
				  For purposes of this Section, such related services are limited to the lesser
				  of 20 percent of the overall procurement amount or $250,000.
C. Inclusion of consulting services as
				  related services should include, at a minimum:
1. a scope of work that clearly and
				  completely identifies the services to be performed;
2. a written plan to monitor the performance
				  of the services that, at a minimum, includes the specific objectives or
				  deliverables associated with the proposed service and monitoring plan; methods
				  to be used to measure and determine service performance; a periodic review of
				  interim reports or other indicia of performance performed to date and, the
				  assignment of specific using agency personnel to a monitoring and liaison
				  function;
3. the maximum amount of
				  compensation to be paid for the services;
4. a provision that payment for the services
				  will only be made upon successful completion of the scope of work for the
				  services.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 55 - Procedures for Information Technology Hardware, Software, Software Maintenance and Support Services and Hardware Maintenance › Section I-5521 - Procurement of Information Technology Consulting Services, Information Consulting Systems, Information Technology Services, Information Technology Equipment Using Multiple Awards

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  multiple award is an award of an indefinite quantity contract for one or more
				  information technology (IT) consulting services, IT systems, IT services, IT
				  equipment or similar service to more than one contractor through the request
				  for proposals or invitation to bid process. A multiple award may be in the
				  state's best interest when award to two or more contractors is needed for
				  adequate delivery, service, or availability. In making a multiple award, care
				  shall be exercised to protect and promote the principles of competitive
				  solicitation. Multiple awards shall not be made when a single award will meet
				  the state's needs without sacrifice of economy or service. Awards shall not be
				  made for the purpose of dividing the business or avoiding the resolution of tie
				  proposals. Any such awards shall be limited to the least number of IT
				  consultants, IT systems, IT services, or IT equipment necessary to meet the
				  valid requirements of the Office of Technology Services. It shall be mandatory
				  that the requirements of the Office of Technology Services that can be met
				  under the contract be obtained in accordance with the contract, provided, that:
1. the state shall reserve the right to take
				  solicitations separately if a particular service requirement arises which
				  exceeds the scope specified in the contract;
2. the state shall reserve the right to take
				  solicitations separately if the contract will not meet a nonrecurring or
				  special need of the state;
3. the
				  state reserves the right to use its own personnel to provide similar services
				  when such services are available and satisfy the Office of Technology Services
				  need.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 55 - Procedures for Information Technology Hardware, Software, Software Maintenance and Support Services and Hardware Maintenance › Section I-5523 - Intent to Use

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a multiple
				  award is anticipated prior to issuing a solicitation, the method of award
				  should be stated in the solicitation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:200(L).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part I - Purchasing › Subpart 3 - Equipment-Lease-Purchase Program › Chapter 55 - Procedures for Information Technology Hardware, Software, Software Maintenance and Support Services and Hardware Maintenance › Section I-5525 - Determination Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chief
				  information officer shall make a written determination setting forth the
				  reasons for a multiple award, which shall be made a part of the procurement
				  file.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:200(L).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-101 - Condition of the Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following rules shall be a part and condition of the contract between owner and
				  designer, herein referred to as the "contract."
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1410.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-105 - Owner-User Agency Responsibilities (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1410.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-107 - Available Funds for Construction (AFC)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The AFC, as defined by §103, shall be
				  stated in the contract between owner and designer.
B. The designer shall be responsible for
				  designing the project so that the base bid does not exceed the AFC. The use of
				  any alternate bids must be pre-approved by the owner. The owner will take into
				  consideration abnormal escalation in construction costs that can be
				  substantiated prior to bid.
C.
1. At the completion of the program
				  completion phase the designer shall make recommendations regarding whether the
				  AFC is realistic for the project when compared with the completed program. At
				  this point, or at any other submissions of the projects statement of probable
				  cost (construction cost estimate) by the designer, if such statement of
				  probable cost is in excess of the AFC, the owner shall have the option to:
a. instruct the user agency to collaborate
				  with the designer to revise the program so that the anticipated base bid will
				  be within the AFC; such program revisions shall be done without additional
				  compensation to the designer, except for extensive program revisions authorized
				  in writing by the owner;
b. provide
				  additional funds to increase the AFC; or
c. abandon or suspend the project.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-111 - Payments to the Designer

Current through Register Vol. 50, No. 6, June 20, 2024
A. Payments
				  on account of designer's services shall be made as follows.
1. Basic Services a. Upon satisfactory
				  completion of all basic services for each phase, submission of all documents to
				  the owner and upon the owner's and user's approval of same, which approval
				  shall not be arbitrarily withheld, payment for the following phases of the
				  designer's services will be made in one lump sum (with the exception of the
				  construction documents phase as described below in Paragraph 2); such payments
				  shall be up to the following percentages of the designer's fixed fee, either
				  interim or final, as apphcable, which percentages are cumulative.
Program completion phase
5 percent
Schematic design phase
15 percent
Design development phase
35 percent
Construction documents phase
60 percent
Bidding and contract phase
65 percent
b. Monthly in
				  proportion to the contractor's certificate for payment for the following phase:
				  Construction phase-95 percent.
c.
				  Upon satisfactory completion and furnishing required documents to the owner for
				  the following phase: Construction close-out phase-100 percent.
i. One percent of the designer's fee up to
				  $2,000 maximum may be withheld from constmction close-out payment until
				  completion of the one-year warranty inspection period.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-113 - Designer's Services (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1410.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-115 - Designer's Accounting Records

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Records of direct reimbursable expenses and expenses pertaining to additional
				  services on the project, and for services performed on the basis of multiplier
				  times direct personnel expense, shall be kept on the basis of generally
				  accepted accounting principles and shall be furnished and/or made available to
				  the owner or the owners authorized representative on request.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1410.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-117 - Termination of Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. The contract
				  between owner and designer may be terminated by either party upon 30 days
				  written notice to the other party, should said other party fail to perform in
				  accordance with its terms, through no fault of the terminating party, or the
				  contract may be terminated by mutual consent.
B. In the event of termination by the owner
				  due to failure of the designer to perform satisfactorily, the designer shall
				  receive no compensation beyond that already paid or due for the last
				  satisfactorily completed phase. Any work done shall become the property of the
				  owner to be used at the owners discretion without additional compensation to
				  the designer. No compensation shall be paid to the designer for any uncompleted
				  phase, except by written agreement between owner and designer prior to
				  termination. Such termination shall constitute the designer being held at fault
				  under the terms of
				  R.S.
				  38:2313(B)(5), which
				  provides that problems with time delays, cost overruns or design inadequacies
				  for which the designer is held to be at fault, shall be taken into account by
				  the selection boards in considering past performance on public
				  projects.
C. In the event the
				  contract is terminated by mutual consent, the designer shall be paid for all
				  work completed prior to termination, and all work done shall become the
				  property of the owner to be used at the owners discretion without additional
				  compensation to the designer.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1410.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-119 - Abandonment or Suspension

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any
				  work designed or specified by the designer is abandoned or suspended in whole
				  or part by the owner, the designer is to be paid for the services rendered up
				  to receipt of written notice from the owner, as follows.
1. If the abandonment or suspension occurs at
				  the completion of a phase, the designer shall submit to the owner all required
				  deliverables and shall be paid the full amount due on completion of such phase
				  as described in
				  §111.A.1
2. If the abandonment or suspension occurs
				  during a phase, the designer shall submit to the owner all documents prepared
				  by him/her up to receipt of written notice from the owner, and the owner shall
				  compensate the designer up to the percentage completion of that
				  phase.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-121 - Ownership of Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Per
				  R.S.
				  38:2317, any and all plans, designs,
				  specifications, or other construction documents resulting from professional
				  services paid for by the owner shall remain the property of the owner whether
				  the project for which they were prepared was constructed or not. If a project
				  is terminated for any reason prior to completion of the project, electronic
				  copies of the most current drawings and specifications shall be transmitted by
				  the designer to the owner.
B. Upon
				  completion of the project, record drawings (as-builts) shall be furnished to
				  the owner and the user agency. The designer shall have the right to re-use the
				  construction documents on other projects not constructed for the
				  owner.
C. The right of ownership
				  provided for above shall not be transferable.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1410.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-123 - Successors and Assigns (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1410.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-125 - Extent of Agreement (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1410.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-127 - Governing Law (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1410.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-129 - Other Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Insurance. Prior to the signing of the contract between owner and the designer,
				  the designer shall furnish to the owner proof of coverage for the following.
1. Insurance. Professional liability
				  insurance shall be required as per the owner's requirements on a project by
				  project basis. Refer to Exhibit B of the contract for the extent of coverage
				  required. Insurance will be required at the time of contract execution between
				  the owner and the designer. Proof of coverage will be required at that time. No
				  deductible shall be in excess of 5 percent of the amount of the
				  policy.
2. Comprehensive general
				  liability with minimum limits of $500,000 per accident/occurrence.
3. Comprehensive automobile liability
				  insurance with minimum limits of $300,000 per accident/occurrence.
4. The designer shall provide a certificate
				  of insurance as proof of workmen's compensation coverage.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter A - Procedure Manual › Section III-131 - Louisiana Building Code

Current through Register Vol. 50, No. 6, June 20, 2024
A.
										R.S.
				  40:1722 establishes the Louisiana building
				  code and directs that the following codes be established as the standards as
				  minimum standards for this code. These codes shall be established as
				  constituting the code in the editions indicated:
1. the
Life Safety Code
,
				  standard 101, 2015 edition as published by the National Fire Protection
				  Association;
2. the
International Plumbing Code
, 2021 edition as published by the
				  International Code Council and amended by
				  R.S.
				  40:1730.28.1;
3. the
International Building
				  Code
, 2021 edition as published by the International Code Council, not
				  including chapter 1, administration, chapter 11, accessibility, and chapter 27,
				  electrical;
4. the
International Mechanical Code
, 2021 edition as published by
				  the International Code Council;
5.
				  the
National Electric Code
(NFPA no. 70), 2020 edition as
				  published by the National Fire Protection Association.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter B - Historic Restoration › Section III-151 - Historic Restoration Projects

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  This rule applies to the repair, renovation or reconstruction of any
				  state-owned building that is listed on the National Register of Historic Places
				  or any state-owned building which is eligible to be included on this register.
				  When required, eligibility shall be determined by the State Office of Historic
				  Preservation. For these projects, Facility Planning and Control may require the
				  designer of the project to assess the structure and proposed scope of work and
				  recommend if it will be in the best interest of the state to prequalify the
				  bidders for the project. The items for consideration in this determination
				  shall include but not be limited to the following:
1. historic significance of the
				  structure;
2. extent of the work to
				  be performed;
3. condition of the
				  structure before renovation;
4.
				  previous renovations;
5. program
				  objectives of the owner and user;
6. effect of law, codes, regulations and
				  ordinances;
7. environmental
				  impact;
8. long and short-term
				  economic impact.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-161 - Name

Current through Register Vol. 50, No. 6, June 20, 2024
A. The name of this
				  process shall be the "design-build selection process" also referred to
				  hereinafter as "process."
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-163 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The process
				  shall be established in accordance with RS 38:2225.2.1.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-165 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Subchapter shall be to provide for the selection of entities to provide
				  design/build construction services in which the design and construction phases
				  are combined.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 1 - Capital Improvement Projects › Subchapter C - Design-Build Method of Procuring Design and Construction Services › Section III-167 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  public agencies may utilize the design-build method in the construction or
				  repair of any public building or structure which has been destroyed or damaged
				  by Hurricanes Katrina, Rita or both: the Division of Administration, the
				  Recovery School District, the City of New Orleans and parish governments in
				  Calcasieu, Cameron, Jefferson, Orleans, Plaquemines, St. Bernard, St. Tammany,
				  and Vermilion Parishes and the Port of New Orleans.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:121 and RS
					 38:2225.2.1.