reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-509 - Determination of Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The Real Estate Leasing Section may request that an apparent low bidder submit
				suitable evidence that he is a responsible bidder. A responsible bidder shall:
1. have adequate financial resources for
				performance, or have the ability to obtain such resources as required during
				performance;
2. have the necessary
				experience, organization, technical qualifications, skills, and facilities, or
				have the ability to obtain them (this may include subcontractor
				arrangements);
3. be able to comply
				with the proposed or required occupancy date; and
4. not have an unsatisfactory record of
				contract performance.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-510 - Assignment of Proceeds of Lease and Assignment of Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A. Assignments of Lease and Assignments of
				Proceeds of Lease by a lessor must be approved in advance and in writing by the
				Office of Facility Planning and Control-Real Estate Leasing Section. Approval
				of a requested assignment shall not be unreasonably or arbitrarily withheld by
				either party. However, the approval of any assignment of proceeds of lease may
				be conditioned upon receipt of reasonable assurances from assignee of his
				ability and willingness to assume responsibility for performance of the terms
				of the lease in the event of failure of performance by the assignor. Assignment
				of Lease Forms and Assignment of Proceeds of Lease Forms shall be provided by
				the Office of Facility Planning and Control, Real Estate Leasing
				Section.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  39:1551-1736.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-511 - Resolution of Controversies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Right to
				Protest. Any prospective lessor who is aggrieved in connection with the
				solicitation or award of a contract may protest to Facility Planning and
				Control. Protests with respect to a solicitation shall be submitted in writing
				no later than 10 days prior to the opening of bids. If a person protests a
				solicitation, an award cannot be made until said protest is resolved. Protests
				with respect to the award of a contract shall be submitted in writing within 14
				days after contract award. Said protest shall state fully and in particular,
				the reason for protest if a protest is made with respect to the award of a
				contract. Work on the contract cannot be commenced until it is resolved
				administratively.
B. Decision. The
				assistant director, Facility Planning and Control, must notify the protesting
				party in writing and the legal counsel of the Division of Administration within
				14 days after receipt of said protest whether or not the protest is denied or
				granted. If the protest with reference to the solicitation is granted, the
				solicitation will be canceled and reissued. If the protest with reference to
				the award is granted, then the lease will be voided and the remaining
				solicitations may be re-evaluated for another selection. If another selection
				cannot be made or if it appears to be in the best interest of the state, a new
				solicitation will be issued.
C.
				Appeal. If an aggrieved party is not satisfied with the rendered decision, then
				that party may appeal said decision in writing to the Commissioner of
				Administration within seven days of the decision. The protesting party should
				fully explain the basis of his appeal. The commissioner then must render a
				decision in writing within 14 days of receipt of the appeal. The commissioner's
				decision is final and an aggrieved party may bring judicial action within two
				weeks from receipt of said decision.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  39:1551-1736.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-512 - Lease Clauses

Current through Register Vol. 50, No. 6, June 20, 2024
A. A lease may
				include clauses providing for equitable adjustments in prices, time for
				performance, or other contract provisions, as appropriate, covering such
				subjects as:
1. the unilateral right of the
				state to order in writing changes in the work within the general scope of the
				contract in the drawings, designs, or specifications for space to be
				furnished;
2. the unilateral right
				of the state to order in writing temporary stopping of the work or delaying of
				performance; and
3. variations
				between estimated and actual quantities.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-513 - Emergency Procurement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Office of Facility Planning and Control, Real Estate Leasing Section, may make
				emergency procurements for acquisition of housing space of 5,000 square feet or
				more when there exists an imminent threat to the public health, welfare, safety
				or public property.
B. The
				declaration of an emergency must be made in writing by the Chief Procurement
				Officer or his designee, fully documenting the nature of the emergency, the
				circumstances leading up to the emergency and a description of the threat to
				public health, welfare, safety or public property.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1598.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-514 - Sole Source Procurements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Office of Facility Planning and Control, Real Estate Leasing Section may make
				sole source procurements for acquisition of housing space of 5,000 square feet
				or more or may amend an existing lease to total in excess of 5,000 square feet
				or more when the Chief Procurement Officer, or his designee, determines in
				writing that there is only one source for the required space.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1597.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-515 - Amendments to Leases

Current through Register Vol. 50, No. 6, June 20, 2024
A. Additional
				Space. Any additional space added is to be only that for which the requirement
				could not reasonably have been foreseen at the time of execution of the lease
				or the latest option renewal; the additional space provision is not to be used
				to circumvent the bid law.
1. Leases for
				Space of Less than 5,000 Square Feet. Any lease for less than 5,000 square feet
				may be amended by negotiation between the user agency and the lessor. The
				square footage of such a lease may be increased up to a total of 4,999 square
				feet with the approval of the Division of Administration. If the amendment
				causes the space to measure 5,000 square feet or more, the additional space
				must be procured in accordance with RS 39:1594 unless it is deemed a sole
				source or emergency procurement.
2.
				Leases for Space of 5,000 Square Feet or More. Any lease for space of 5,000
				square feet or more, may be amended by negotiations between the user agency and
				the lessor to include up to 4,999 square feet of additional space. Such
				amendment must also be approved by the Division of Administration. If the
				amendment adds 5,000 square feet or more, the additional space must be procured
				in accordance with RS 39:1594 unless it is considered a sole source or
				emergency procurement.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-516 - Renegotiation and Renewal of Current Leases

Current through Register Vol. 50, No. 6, June 20, 2024
A. Leases of Less than 5,000 Square Feet. If
				an agency wishes to renew an existing lease of less than 5,000 square feet, it
				may renegotiate with the present lessor or attempt to obtain proposals from
				other prospective lessors.
B. Space
				of 5,000 Square Feet or More. An existing lease for office or warehouse space
				of 5,000 square feet or more, may be renegotiated with the present lessor, but
				only after the Division of Administration has entered into a competitive
				negotiation process involving discussions with at least three offerors who
				submit written proposals. If less than three written proposals are submitted,
				the Division of Administration may, nevertheless, hold discussions with those
				offerors, as well as with the current lessor, but without revealing information
				gleaned from competing proposals to other offerors. Such proposals shall be
				solicited by advertising as provided in
				R.S.
				39:1594.C.
C. Evaluation of Proposals. If the
				Commissioner of Administration, or his designee, determines after evaluation of
				the proposals and discussions with the current lessor that to renew the present
				lease would be in the best interest of the state, an existing lease may be
				renewed. The commissioner, or his designee, may enter into a lease with one of
				the other offerors if determined to be in the best interest of the state. In
				making such a determination, the commissioner, or his designee, shall take into
				consideration, over the duration of the lease, rental rates, the amount of
				funds necessary to relocate, any geographical considerations particular to that
				state program, the amount of disruption to state business that may be incurred
				in moving to a new location, and any other relevant factors
				presented.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  39:1551-1736.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 5 - Rental and Lease Procedure › Section III-517 - Revised Statutes and Louisiana Administrative Code

Current through Register Vol. 50, No. 6, June 20, 2024
A. These regulations shall be read and
				interpreted jointly with Chapter 17 of Title 39 of the Revised Statutes and,
				when not in conflict, with the purchasing rules of the
Louisiana
				Administrative Code
.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  39:1551-1736.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 9 - Public Contracts › Section III-901 - Closed Specifications for Certain Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. This rule applies to the closing of
				specifications to products that are necessary to expand or match products in
				existing systems but for which a person or group of persons possesses the right
				to exclusive distribution.
B. A
				closed specification may be submitted and authorized where a person or group of
				persons possesses the right to exclusive distribution of the specified product
				when that product is required to expand or extend an existing system at a
				facility or site if that product is one of the systems listed in §901.
				B 1-11, or a component of one of them, and the approving authority has
				determined that all products other than the one specified would detract from
				the utility of the system; and all other applicable requirements of R.S.
				38:2290-2296 have been met:
1. energy
				management systems;
2. chillers
				when necessary for refrigerant conversion;
3. fire alarm systems;
4. electronic security systems;
5. elevators;
6. nurse call systems;
7. medical gas systems;
8. stage lighting systems;
9. sound systems;
10. clock systems;
11. brick and stone.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 11 - Rulemaking Petitions › Section III-1101 - Submission of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				In accordance with
				R.S.
				49:953(C)(1), any interested
				person may petition an agency to adopt a new rule, or to amend or repeal an
				existing rule.
B. To petition an
				agency within the Division of Administration for changes to the agency's
				current rules, or for the adoption of new rules within the agency's purview, an
				interested person shall submit a written petition to the Division of
				Administration, Office of the Commissioner. The petition shall include:
1. the petitioner's name and
				address;
2. the name of the
				promulgating agency for the rule in question;
3. specific text or a description of the
				proposed language desired for the adoption or amendment of a rule, or the
				specific rule and language identified for repeal;
4. justification for the proposed action;
				and
5. the petitioner's
				signature.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part III - Facility Planning and Control › Chapter 11 - Rulemaking Petitions › Section III-1103 - Consideration of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt, a rulemaking petition shall
				be forwarded to the promulgating agency for review.
B. Within 90 days of receipt of the
				rulemaking petition, the agency shall either:
1. initiate rulemaking procedures to adopt a
				new rule, or to amend or repeal an existing rule; or
2. notify the petitioner in writing of the
				denial to proceed with rulemaking, stating the reason(s) therefor.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-101 - General Purpose and Policies [Formerly LAC 34:I.301]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definition and Purpose
1.
Specification-
any
				description of the physical functional, or performance characteristics, or of
				the nature of a supply, service, or major repair item. The specification
				includes, as appropriate, requirements for inspecting, testing, or preparing a
				supply, service, or major repair item for delivery. Unless the context requires
				otherwise, the terms
specification
and
purchase
				description are
used interchangeably throughout these
				regulations.
2. The purpose of a
				specification is to serve as a basis for obtaining a supply, service, or major
				repair item adequate and suitable for the state's needs in a cost effective
				manner, taking into account, to the extent practicable, the costs of ownership
				and operation as well as initial acquisition costs. It is the policy of the
				state that specifications permit maximum practicable competition consistent
				with this purpose. Specifications shall be drafted with the objective of
				clearly describing the state's requirements.
3. All definitions, whether listed here or
				elsewhere within Part V of these regulations, or as listed in
				R.S.
				39:1556, shall apply.
a.
Invitation for Bids-
all
				documents, whether attached or incorporated by reference, utilized for
				soliciting bids in accordance with the procedures set forth in R.s. 39:1594.
				Unless the context requires otherwise, invitation for bids (IFBs) and
				invitation to bid (ITB) are used interchangeably herein.
b.
Proposer-
a firm, venture
				or individual who responds to the competitive sealed proposal.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-103 - Availability of Documents [Formerly LAC 34:I.303]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Specifications and any written
				determination or other document generated or used in the development of a
				specification shall be available for public inspection pursuant to R.S.
				44.1.
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 1 - General Provisions › Section V-105 - Authority to Prepare Specifications [Formerly LAC 34:I.305]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Statutory
				Authority of the Chief Procurement Officer and State Agencies. The chief
				procurement officer is authorized to prepare specifications in accordance with
				R.S.
				39:1652, subject to the authority granted
				purchasing agencies in
				R.S.
				39:1653 of the Louisiana Procurement
				Code.
B. Delegation of Authority to
				State Agencies. The chief procurement officer may delegate in writing the
				authority to prepare and utilize specifications to purchasing agencies and
				using agencies for any type of supplies, services, or major repairs provided
				such delegations may be revoked by the chief procurement officer.
C. Authority to Contract for Preparation of
				Specifications
1. A contract to prepare
				specifications for state use in procurement of supplies, services, or major
				repairs may be entered into when a written determination is made by the chief
				procurement officer, or the head of a purchasing agency authorized to prepare
				such specifications, that there will be no substantial conflict of interest
				involved and it is otherwise in the best interest of the state.
2. Whenever specifications are prepared by
				other than state personnel, the contract for the preparation of specifications
				shall require the specification writer to adhere to the requirements of the
				Louisiana procurement code and of this regulation.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-106 - Contracts for $10,000 or Less

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Director of the Office of Contractual Review may, in accordance with
				R.S.
				39:1488, 1490.B(3), and 1508, delegate to
				other state-using agencies certain responsibilities in the review and approval
				process of professional, personal, consulting and social services contracts, to
				specifically include contracts for professional, personal, consulting and
				social services for $10,000 and under. Such delegations of authority may be
				made upon written request by the head of the using agency and shall be provided
				for in a written Memorandum of Agreement between the Office of Contractual
				Review and each using agency receiving such a delegation. All provisions of law
				and of these regulations not delegated remain applicable. Upon execution of the
				Memorandum of Agreement as herein provided, such delegation of authority shall
				remain in full force and effect, until it may be canceled in writing, by the
				Director of the Office of Contractual Review.
B. A contract meeting the definition of
small purchase
under
				R.S.
				39:1508 may be approved by the agency
				director without the necessity of forwarding a copy to the Office of
				Contractual Review. The agency shall maintain a file for all small purchase
				contracts. This file shall be available for inspection by the Director of the
				Office of Contractual Review or his designee upon request.
C. The using agency shall submit a quarterly
				report to the Office of Contractual Review. This report shall contain a listing
				of all small purchase contracts to include: the name of contractor, amount of
				contract, specific nature of services rendered, date of contract, and total
				dollar amount of all small purchase contracts entered into by the using agency
				for that quarter. If no such contracts have been entered into during this
				period, a report shall still be submitted notifying the Office of Contractual
				Review of same. See §197, Appendix E for format of report.
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-107 - Procedures for the Development of Specifications [Formerly LAC 34:I.307]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Provisions of
				General Application
1. Application of
				Section. This Section applies to all persons who may prepare a specification
				for state use, including the chief procurement officer, the head of a
				purchasing agency, the head of a using agency, the designees of such officers,
				and also consultants, architects, engineers, designers, and other draftsmen of
				specifications used for public contracts.
2. Specification of Alternates May Be
				Included. To the extent feasible, a specification may provide alternate
				descriptions of supplies, services, or major repair items where two or more
				design, functional, or performance criteria will satisfactorily meet the
				state's requirements.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-109 - Definitions and Use

Current through Register Vol. 50, No. 6, June 20, 2024
A. Proprietary
				Specifications
1.
Proprietary
				Specification-
a specification that cites brand name, model number,
				and some other designation as permitted by
				R.S.
				39:1655, that identifies a specific product
				to be offered exclusive of others.
2. Use
a.
				Since use of a proprietary specification is restrictive, it may be used only
				when the chief procurement officer or his designee, or a governmental body
				delegated authority under
				R.S.
				39:1566, makes a written determination that
				only the identified brand name item or items will satisfy the state's
				needs.
b. Some examples of
				circumstances which could necessitate proprietary procurement(s) are:
i. revolving fund purchases for resale, such
				as groceries, canned good, packing house products, drug sundries, candy,
				tobacco and other similar items;
ii. revolving fund purchases of foods for
				cafeterias, dining halls or dormitories;
iii. standard replacement parts such as
				automobiles, machinery, and equipment;
iv. repairs to automobiles, machinery,
				equipment, etc.
3. Competition. The procurement officer shall
				seek to identify sources from which the designated brand name item can be
				obtained and shall solicit such sources to achieve whatever degree of
				competition is practicable. If only one source can supply the requirement, the
				procurement shall be made under Chapter 9 (Sole Source Procurement) of this
				Part.
4. Reports. The chief
				procurement officer shall submit reports to the commissioner or cabinet
				department head within 90 days after the end of the fiscal year stating:
a. any brand name contracts used;
b. the number of suppliers
				solicited;
c. the identity of these
				suppliers;
d. the supplier awarded
				the contract; and
e.
				Repealed.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-111 - Major Repairs and Labor and Material Service Projects

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Major repairs
is as
				defined in
				R.S.
				39:1556(32).
1. Major repairs may include, but are not
				limited to the following:
a. repair or
				replacement projects, such as painting, flooring installation, etc.;
b. roof repairs which do not require
				specialty contractors or designers, or architects or engineers;
c. repair or replacement of minor building
				components, such as fixtures.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-112 - Modification of Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				amendments to contracts for professional, personal, consulting and social
				services shall be submitted to the Office of Contractual Review and shall
				become effective only upon approval by the Director of the Office of
				Contractual Review. If an amendment extends a contract beyond one year,
				justification for a multi-year contract must be submitted with said amendment
				in accordance with §133
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-115 - Termination of Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever a
				contract is terminated prior to the termination date stated in the contract,
				the Office of Contractual Review shall be notified in writing by the using
				agency of such prior termination, and the reasons therefor.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-118 - Submission of Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. The original
				contract and at least one copy of said contract and attachments shall be
				submitted to the Office of Contractual Review. The Office of Contractual Review
				shall submit a list of all contracts for $25,000 or more to the Legislative
				Fiscal Office. Copies of such contracts shall be forwarded to the Legislative
				Fiscal Office upon request. The Office of Contractual Review will not accept
				for review and approval any contract that is not accompanied by the necessary
				attachments and copies as required herein. (Attachments being submittal
				letters,
				R.S.
				39:1497 certification, BA-22, etc.)
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-121 - Contractual Review Process

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

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following list of occupations shall be construed as falling within the
				definition of medical, nursing or allied health fields given in
				R.S.
				39:1498.2. Personnel employed in these fields
				would therefore be exempt from the prohibition contained in
				R.S.
				39:1498(4) which disallows
				personal, professional, consulting or social services contracts between the
				state of Louisiana and state employees:
1.
				audiologist;
2. dental
				assistant;
3. dentist;
4. electroencephalograph
				technician;
5. emergency medical
				technician;
6. hospital
				chaplain;
7. inhalation
				therapist;
8. medical laboratory
				technologist;
9. accredited medical
				records technician/administrator;
10. nurse anesthetist;
11. occupational therapist;
12. optometrist;
13. osteopath;
14. pharmacist;
15. psychologist;
16. physical therapist;
17. physician;
18. podiatrist;
19. practical nurse;
20. professional dietitian;
21. psychiatrist;
22. radiologic technologist;
23. radioisotope technologist;
24. registered nurse;
25. rehabilitation counselor;
26. respiratory therapy technician;
27. respiratory therapy
				technologist;
28. social
				worker;
29. speech
				pathologist;
30. ultrasonography
				technologist.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-127 - Delegation of Signature Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				39:1502 requires that the head of the using
				agency or his designee shall sign all contracts for personal, professional,
				consulting or social services. All delegations of signature authority by the
				head of the using agency must be in writing and must be approved by the Office
				of Contractual Review. Normally delegations of signature authority to the level
				of assistant secretary or equivalent will be approved if circumstances warrant
				the delegation. Delegations of signature authority to a level below that of
				assistant secretary may be granted in unusual situations, for example, where
				the volume of contracts is very heavy.
B. In addition, autonomous or semi-autonomous
				boards or commissions may sign their own contracts if such authority is granted
				them by their enabling legislation or by the heads of the agency in which they
				are placed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-130 - Confidentiality of Technical Data or Trade Secrets

Current through Register Vol. 50, No. 6, June 20, 2024
A. The using agency shall be responsible for
				protecting technical data, financial information, overhead rates, and trade
				secrets which may come into their possession from individuals and businesses
				doing business with the state. Any such information received by the Office of
				Contractual Review shall be returned to the using agency upon completion of
				said review.
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-133 - Multi-Year Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Contracts in
				excess of one year shall be submitted to the Office of Contractual Review with
				written reasons why a multi-year contract is needed. Justification of
				multi-year contracts shall be submitted in accordance with
				R.S.
				39:1514 in compliance with the delegation of
				authority from the Commissioner of Administration.
B. Any contracts which cross fiscal years
				should contain a funding-out clause in accordance with
				R.S.
				39:1514.
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-136 - Determination of Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				order to qualify as responsible, an offerer must meet the following standards
				as they relate to the particular procurement under consideration:
1. has adequate financial resources for
				performance, or has the ability to obtain such resources as required during
				performance;
2. has the necessary
				experience, organizations, technical qualifications, skills, and facilities, or
				has the ability to obtain them (including probable subcontractor
				arrangements);
3. is able to comply
				with the proposed or required time of delivery or performance
				schedule;
4. has a satisfactory
				record of integrity, judgment and performance (contractors who are seriously
				delinquent in current contract performance, considering the number of contracts
				and the extent of delinquencies of each, shall in the absence of evidence to
				the contrary or evidence of compelling circumstances, be presumed to be unable
				to fulfill the requirement);
5. is
				otherwise qualified and eligible to receive an award under applicable laws and
				regulations.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-139 - Suspension, Debarment and Reinstatement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Authority. After reasonable notice to the
				person involved and reasonable opportunity for that person to be heard, the
				Director of the Office of Contractual Review shall have authority to suspend or
				debar a person for cause from consideration for a contract, provided that doing
				so is in the best interest of the state.
B. Suspension. The Director of the Office of
				Contractual Review may suspend a person from consideration for a contract if he
				determines in writing that there is probable cause to believe that such person
				has engaged in any activity which might lead to debarment. Said suspension
				shall not exceed 60 days if debarment is not forthcoming.
C. Causes for Debarment. The causes for
				debarment include, but are not limited to the following:
1. conviction for a criminal offense as an
				incident to obtaining or attempting to obtain a public or private contract or
				subcontract, or in the performance of such contract or subcontract;
2. conviction under state or federal statutes
				of embezzlement, theft, forgery, bribery, falsification or destruction of
				records, receiving stolen property, or any other offense indicating a lack of
				business integrity or business honesty which currently, seriously, and directly
				affects responsibility as a state contractor;
3. conviction under state or federal
				antitrust statutes arising out of the submission of bids or
				proposals;
4. violation of contract
				provisions, or a recent record of failure to perform, or of unsatisfactory
				performance in accordance with the terms of one or more contracts; provided
				that failure to perform or unsatisfactory performance caused by acts beyond the
				control of the contractor shall not be considered to be a basis for debarment;
				and
5. any other cause the Director
				of Contractual Review determines to be so serious and compelling as to affect
				responsibility as a state contractor, including debarment by another
				governmental entity for any cause listed in regulations.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-142 - Source Selection Methods

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				R.S. 39:1494-1496 professional or personal services contracts for any amount,
				consulting services contracts less than $50,000, and social services contracts
				meeting one of the requirements of
				R.S.
				39:1494.1.A may be awarded without
				competitive negotiation or bidding, therefore this Section shall be applicable
				to consulting services contracts for $50,000 or more and social services
				contracts for $150,000 or more which are not exempted by
				R.S.
				39:1494.1.A.
1. Emergency Purchases. An emergency
				situation must be determined in writing by the Director of Contractual Review
				or his designee. The using agency which requests an emergency procurement must
				indicate in writing the basis of the emergency.
2. Sole Source Procurement. A determination
				in writing, supported by using agency documentation, must be made by the
				Director of Contractual Review or his designee that only one source exists for
				the services requested by the using agency.
3. A determination by the Director of
				Contractual Review that contracts are necessary under Paragraph 1 or 2 above
				will dispense with the requirement of a request for proposal pursuant to
				R.S.
				39:1496.B and R.S. 1494.1.B.
4. Record. A record of emergency procurements
				and sole source procurements shall be maintained by the Office of Contractual
				Review, and shall contain:
a. contractor's
				name;
b. the amount of the
				contract;
c. services to be
				rendered;
d. reason for the
				emergency or sole source procurement.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-145 - Request for Proposals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless
				otherwise stated, this Section applies to Requests for Proposals (RFP) for both
				consulting and social services contracts.
1.
				Prequalification of Offerers for Consulting Services Contracts Only. A using
				agency which intends to issue a RFP shall request the prequalified offerers
				list, as described below, prior to issuing an RFP. A using agency shall forward
				a notice of the request for proposals to those businesses on said list who
				offer the services requested in the RFP.
a.
				The Office of Contractual Review shall prepare and maintain a prequalified list
				of offerers to be used in the request for proposal procedure as provided for in
				R.S.
				39:1506.
b. Contractors who are interested in being
				placed on this list shall submit a statement of qualifications to the Office of
				Contractual Review. This statement must describe the potential contractor's
				current qualifications by subject area and include key personnel currently
				employed or associated, and be accompanied by a rÉsumÉ of each.
				Additionally, a list should be provided describing previous work done (by
				subject area), with whom (governmental agency or private business) and the
				names of contact persons for each client listed.
c. Each statement of qualifications shall
				have attached to it a financial statement or other evidence of financial
				solvency.
d. Finally, any other
				current information or material which would further describe a potential
				contractor's qualifications will be accepted.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-147 - Contracts for Data Processing Consulting Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Contracts for data processing consulting
				services in an amount equal to or greater than $50,000 shall be subject to all
				the statutory and regulatory requirements generally applicable to consulting
				services contracts equal to or greater than $50,000.
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-149 - Procurement Support Team

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				procurement support team shall be formed in accordance with the procedures
				defined herein for every contract for the procurement of data processing
				consulting services in an amount greater than $100,000. The formation of a
				procurement support team shall be accomplished by the Office of Contractual
				Review and shall include one or more representatives from each of the
				following: the Office of Contractual Review, the Attorney General's Office; the
				using agency initiating the procurement action; and the Legislative Fiscal
				Office. The procurement support team shall submit a recommendation to the
				Director of the Office of Contractual Review concerning the final
				contract.
B. At least two members
				of each procurement support team should have formal training in computer
				contract negotiations. The Legislative Fiscal Office and the Attorney General's
				Office shall each designate in writing to the Office of Contractual Review the
				names of a primary and an alternate team member, and should insure that at
				least one of these individuals has received formal training in computer
				contract negotiations. It shall thereafter be the responsibility of each named
				agency to keep the Office of Contractual Review advised of any changes in
				designated individuals. At least four members, one from each office designated,
				must be present to constitute a quorum.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1490(B).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 1 - General Provisions › Section V-154 - Emergency and Sole Source Procurements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notwithstanding the guidelines established
				in §142, procurements of data processing consulting services in an amount
				greater than $100,000 under emergency or sole source conditions shall involve a
				procurement support team designated by the Office of Contractual Review and
				under the direction of a team leader designated by the Office of Contractual
				Review.
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-157 - Procurement Support Team; Procurement Schedule

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each using agency contemplating a contract
				requiring more than $100,000 of data processing consulting services shall write
				the Director of the Office of Contractual Review notifying him prior to the
				drafting of the request for proposals. The Office of Contractual Review shall
				then contact the appropriate agencies and obtain from those agencies the names
				of the individuals designated to participate on the particular procurement
				support team (PST). The Office of Contractual Review shall then designate a
				team leader, insure that at least two members of the procurement support team
				have received formal training in computer contract negotiations, and forward to
				the team leader the names of the other team members, along with any information
				received from the using agency.
B.
				The team leader will establish a schedule for the procurement activity, define
				the role and task of each team member, and establish a project file. The using
				agency and all team members are responsible for insuring that the team leader
				receives a copy of all correspondence and documentation.
C. At the end of the procurement process one
				copy of the documentation related to the procurement will be retained on file
				by the Office of Contractual Review. The team leader will make written status
				reports at the end of each phase to the Office of Contractual Review. Such
				status reports shall be presented to the Office of Contractual Review at each
				regular meeting.
D. Each member of
				the procurement support team must review as a minimum the request for
				proposals, the using agency's proposal evaluation, the award of contract and
				the final contract. As a minimum, this review must be indicated by the
				signature of each team member. Where team evaluations are made, each PST team
				member must sign the evaluation, or his designating or qualifying
				reports.
E. In the event that a PST
				team member indicates acceptance or concurrence with any activity, and that PST
				team member's agency subsequently refuses to approve the process pursuant to
				its statutorily required review, the reviewing agency and the individual PST
				team member must submit to the team leader written reasons for their actions.
				The PST team leader shall file these documents in the final activity
				file.
F. After a procurement
				process has been completed, PST team members and the using agency are
				encouraged to submit written evaluations and comments of the process, and
				suggestions for future improvements. Such evaluations, comments, and
				suggestions shall be sent to the Office of Contractual Review.
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-187 - Revised Statutes

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				regulations shall be read and interpreted jointly with R.S.
				39:1481-1526.
B. A rule or
				regulation shall not change any contract commitment, right, or obligation of
				the state or of a contractor under a state contract in existence on the
				effective date of that rule or regulation [R.S.
				39:1491.D].
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1490(B).