Louisiana Administrative Code

A. A single purchase or a one-time purchase refers to a purchase for a specific quantity to be delivered in one shipment. B. A single purchase or a one-time purchase may also be referred to as invitation for bids throughout this rule.

A. A term contract (also referred to as an indefinite quantity purchase) is a purchase by which a source of supply is established for a specific period of time. Term contracts are usually based on indefinite quantities to be ordered as needed, and no quantities are guaranteed. Th…

A. A proprietary purchase is defined as a purchase that cites brand name, model number, or some other designation that identifies a specific product to be offered exclusive of others. B. Because use of a proprietary specification is restrictive, it may be used only when written d…

A. A sole source procurement is the purchase of a required supply, service, or major repair without competition. B. A sole source procurement is permissible only if the required supply, service, or major repair is available from only a single supplier. C. A requirement for a part…

A. In order for the purchase of an exempt commodity to be declared an emergency purchase without solicitation of bids, the emergency must conform to the definition set forth in R.S. 48:207. B. Purchases which conform to this definition are made in accordance with the Department's…

A. The provisions of this Section apply to every non-exempt procurement made under emergency conditions that will not permit other source selection methods to be used. B. Emergency procurement shall be limited to only those supplies, services, or major repair items necessary to m…

A. R.S. 39:1595.4 provides in part that a preference shall be given by all governmental bodies in purchasing products and services from state operated or state supported sheltered workshops for persons with severe disabilities.

A. R.S. 39:1645 authorizes the procurement of any equipment which is used or which has been previously purchased by an individual or corporation. B. The DOTD procurement director must first determine that the procurement of said equipment is cost effective to the state. C. After …

A. If the Office of State Purchasing has entered into an exclusive statewide competitive contract for non-exempt commodities or services, the Department of Transportation and Development shall use such statewide competitive contracts when procuring such supplies or services unles…

A. If the Office of State Purchasing has entered into a non-exclusive contract for non-exempt commodities or services, the Department of Transportation and Development has the option of either using the contract or seeking competitive bids. B. Non-exclusive contracts may be by-pa…

A. Brand name contracts are non-exclusive contracts entered into by the Office of State Purchasing. Because these contracts are not competitively bid, they are usually not considered cost effective. B. The department also discourages the use of brand name products which come in c…

A. DOTD contracts for exempt commodities are exclusive contracts entered into by the DOTD procurement section. Approval to by-pass a DOTD contract requires written approval from the DOTD procurement director and will only be approved in cases of emergency. B. DOTD contracts may a…

A. The cost-plus-a-percentage-of-cost system of contracting shall not be used.

A. Vendor commodity lists are maintained to provide the department with the names and addresses of businesses that may be interested in competing for various types of state contracts. Unless otherwise provided, inclusion or exclusion of the name of a business does not indicate wh…

A. Qualified products lists have been developed by evaluating brands and models of various manufacturers of an item and listing those determined to be acceptable products. These qualified products lists have been developed by the DOTD Materials and Testing Laboratory when testing…

A. The continuation of a term contract which extends beyond the fiscal year is contingent upon the appropriation of funds to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of a…

A. All invitations for bids issued by the Department of Transportation and Development shall be solicited on the department's bid form and shall contain all pertinent information and shall be full and complete including, but not limited to, the following: 1. purchase description;…

A. A specification is defined as any description of the physical, functional, or performance characteristics of a supply, service, or major repair item. B. The specification includes, as appropriate, requirements for inspecting, testing, or preparing a supply, service, or item fo…

A. Descriptive literature means information available in the ordinary course of business which shows the characteristics, construction, packaging or operation of an item which enables the department to consider whether the item meets its specifications and needs. B. Bid sample me…

A. Unless specifically called for in the invitation for bids, all products for purchase must be new, never previously used, and the current model and/or packaging. No remanufactured, demonstrator, used or irregular product will be considered for purchase unless otherwise specifie…

A. Unless otherwise specified in the invitation for bids, any manufacturer's name, trade name, brand name, or catalog number used in the solicitation is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or …

A. The invitation for bids shall set forth the evaluation criteria to be used in determining product acceptability. The invitation for bids may require the submission of bid samples, descriptive literature, technical data, or other material. It may also provide for inspection or …

A. Term contracts and/or indefinite quantity contracts contain no specific quantities given or guaranteed. Only such quantities as required by the department during the contract period will be ordered. B. Estimated quantities are based on the previous contract usage or estimates.…

A. The Department of Transportation and Development requires that all contractors submit to the following guarantees. 1. Guarantee that the supplies delivered are free from defects in design and construction. 2. Guarantee that the supplies are the manufacturer's standard design i…

A. Pre-bid conferences may be conducted to explain the procurement requirements. They shall be announced to all prospective bidders known to have received an invitation for bids and shall be advertised in the Official Journal of the State if the estimated cost is over $25,000 (or…

A. Addenda modifying written bid solicitations covering purchases above the non-competitive bid level shall not be issued within three working days prior to the scheduled bid opening date for the opening of bids, excluding Saturdays, Sundays and any other legal holidays. B. If th…

A. A solicitation may be canceled in whole or in part when the DOTD procurement director determines, in writing, that such action is in the best interest of the department, for reasons including, but not limited to the following: 1. the department no longer requires the supplies,…

A. Bids covering requests for quotations may be modified or withdrawn by written, telegraphic or fax notice received at the address designated in the invitation for bids prior to the time set for bid opening, as recorded by date stamp at the DOTD procurement section. B. Bids cove…

A. In the event that bids are scheduled to be opened on a day that is a federal holiday, or if the governor, by proclamation, creates an unscheduled holiday, or for any cause that creates a non-working day, bids scheduled to be opened on that day shall be opened on the next worki…

A. Upon receipt, all bids and modified bids will be time-stamped, but not opened. They shall be stored in a secure place until time for bid opening. B. Bids and modified bids shall be publicly opened and publicly read at the time and place designated in the invitation for bids if…

A. Formal bids and addenda thereto, received at the address designated in the invitation for bids after the time specified for bid opening will not be considered, whether delayed in the mail or for any other causes whatsoever. In no case will late bids be accepted.

A. Information pertaining to results of bids may be secured by visiting the Department of Transportation and Development during normal working hours, except weekends and holidays. B. Written tabulations may be obtained by submitting a stamped self-addressed envelope with the bid.…

A. All written bids, unless otherwise provided for, must be submitted on, and in accordance with, forms provided. Bids submitted in the following manner will not be accepted: 1. bid contains no signature indicating an intent to be bound; 2. a typed name without either a printed o…

A. Bids may be withdrawn, if such correction or withdrawal does not prejudice other bidders, and such actions may be taken only to the extent permitted under these regulations. B. A request to withdraw a bid after the bid opening must be made within three business days after bid …

A. Bidders must quote in the quantity shown on the invitation for bids. B. Bidders increasing or decreasing quantity due to packaging will not be considered for award.

A. Any bidder quoting an alternate product which does not fully comply with the specifications contained in the invitation for bids must state in what respect the product deviates. B. Failure to note exceptions on the bid form will be considered an indication that the product mee…

A. Bidders may limit a bid on acceptance of the whole bid, whereupon the department shall not thereafter reject part of such bid and award on the remainder. B. An award shall be made to the "all or none" bid only if it is the overall low bid on all items, or on those items bid. C…

A. Bidders may limit a bid on acceptance of the whole bid, whereupon the department shall not thereafter reject part of such bid and award on the remainder. B. When multiple items are contained on any solicitation and the department chooses to make a group award in order to save …

A. Preference in awarding contracts will be given for all types of products produced, manufactured, assembled, grown, or harvested in Louisiana in accordance with the Louisiana Procurement Code. B. Preferences will not be considered in the award of service contracts.

A. All bid prices shall remain firm for the contractual period. B. Unit prices must not exceed four digits to the right of the decimal point. Unit prices submitted beyond four digits will be rounded off to the nearest fourth digit. C. All bid prices quoted shall include all costs…

A. Unless otherwise specified, all invitations for bid shall be binding for a minimum of 30 calendar days. Nevertheless, if the lowest responsive and responsible bidder is willing to keep his price firm in excess of 30 days, the department may award to this bidder after this peri…

A. Pursuant to Act 1029 of the 1991 Regular Session of the Louisiana Legislature, the state and any of its agencies, boards or commissions are exempt from the Louisiana State Sales and Use Taxes. B. Vendors are responsible for including any other applicable taxes in the bid price…

A. The Department of Transportation and Development reserves the right to reject any or all bids in whole or in part, waive any informalities, and to award by items, parts of items, or by any group of items specified and/or waive any informalities.

A. Contracts are awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. B. No bid shall be evaluated for any requirements or criteria that are not disclosed in the invitation for bids.

A. Following determination of product acceptability, bids will be evaluated to determine which bidder offers the lowest cost to the Department of Transportation and Development in accordance with the evaluation criteria set forth in the invitation for bids. B. Only objectively me…

A. Tie bids are defined as low responsive bids from responsible bidders that are identical in price and which meet all requirements and criteria set forth in the invitation for bids. B. Resident businesses shall receive preference over nonresident businesses where there is a tie …

A. Discounts will be considered in determining low bidder on one-time purchases or definite quantity purchases if the discount is at least 1 percent for a minimum of 30 days. B. In the event the discount is for less than 1 percent or less than 30 days, the discount will be taken …

A. A responsible bidder is a company or person who has the capability in all respects to perform fully the contract requirements, and which has the integrity and reliability which will assure good faith performance. B. Capability, as used in this rule, means capability at the tim…

A. By signing a bid form, the bidder certifies that the bid is made without collusion or fraud. B. In accordance with R.S.39:1594, the person signing the bid must be: 1. a current corporate officer, partnership member or other individual specifically authorized to submit a bid as…

A. Following award, all files shall contain documentation including, but not limited to, the following: 1. a list of all solicited bidders; 2. a list of all bids received; 3. the bid tabulation; and 4. the basis of award. B. In the event that the low bidder was by-passed and the …