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0 chapters · 1,010 sections in this title.
La. Rev. Stat. § 39:1624 Approval of contract; penalties
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§1624. Approval of contract; penalties A. Before approving a proposed contract for professional, personal, consulting, or social services, the state chief procurement officer or an assistant shall have determined that: (1) All provisions of R.S. 39:1623 have been complied with. (…
La. Rev. Stat. § 39:1625 Contract content
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§1625. Contract content Each contract for professional, personal, consulting, or social services entered into by a governmental body as defined in R.S. 39:1556(24) shall contain as a minimum: description of the work to be performed and objectives to be met; amount and time of pay…
La. Rev. Stat. § 39:1626 Professional, personal, and consulting service contracts with state employees
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§1626. Professional, personal, and consulting service contracts with state employees A. State agency personnel in the medical, nursing or allied health fields, state employees who are qualified to serve as interpreters for the deaf, faculty members of public institutions of highe…
La. Rev. Stat. § 39:1627 Modification of contracts
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§1627. Modification of contracts The office of state procurement may adopt and promulgate rules and regulations permitting or requiring the insertion in contracts for the procurement of professional, personal, consulting, and social services appropriate clauses to enable the stat…
La. Rev. Stat. § 39:1628 Termination of contracts
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§1628. Termination of contracts A. The office of state procurement may adopt and promulgate rules and regulations relating to the termination of contracts for the procurement of professional, personal, consulting, and social services for the default of the contractor. B. The offi…
La. Rev. Stat. § 39:1629 Right to inspect plant
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§1629. Right to inspect plant The state may, at reasonable times, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the state. Acts 2014, No. 864, §2, eff. Jan. 1…
La. Rev. Stat. § 39:1629.1 Right to audit records
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§1629.1. Right to audit records A. Audit of persons submitting cost or pricing data. The state may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data pursuant to R.S. 39:1608 to the extent that such books and records …
La. Rev. Stat. § 39:1630 Finality of determinations
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§1630. Finality of determinations The determinations required by R.S. 39:1568.1, 1597, 1598(C), 1605, 1606, 1608(C), 1612(A), 1614, and 1671(F) are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law. Added by Acts 1979, No. 715, §1, …
La. Rev. Stat. § 39:1630.1 Record of certain procurement actions
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§1630.1. Record of certain procurement actions The chief procurement officer shall retain all contracts made under R.S. 39:1597 or R.S. 39:1598 for a minimum of six years. Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
La. Rev. Stat. § 39:1631 Direct purchase of insurance
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§1631. Direct purchase of insurance Notwithstanding any other law to the contrary, the state may purchase insurance policies covering any property or insurable interests or activities of the state directly from insurers or underwriters, without the necessity for signature or coun…
La. Rev. Stat. § 39:1632 Splitting of commissions prohibited
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§1632. Splitting of commissions prohibited It shall be unlawful for an agent to split, pass on, or share with any person, group, organization, or other agent, except the state of Louisiana, all or any portion of the commission derived from the sale of insurance to the state; exce…
La. Rev. Stat. § 39:1633 Authorization constitutes public record
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§1633. Authorization constitutes public record Such written authorization as required by R.S. 39:1632 shall constitute a public record as defined in Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950. Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No.…
La. Rev. Stat. § 39:1641 Budget for acquisition of housing space and leases by budget units
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§1641. Budget for acquisition of housing space and leases by budget units A.(1) Contracts and agreements by and in name of state agencies. All contracts and agreements for the lease or rental of space for the housing of state agencies, their personnel, operations, equipment, or a…
La. Rev. Stat. § 39:1642 Uniform space standards; inventory and evaluation of budget unit space utilization
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§1642. Uniform space standards; inventory and evaluation of budget unit space utilization A. Uniform space standards. The division of administration shall prepare and utilize a uniform set of standards for determining space needs for state agencies. These standards shall also pro…
La. Rev. Stat. § 39:1643 Advertisement and award of lease bids
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§1643. Advertisement and award of lease bids A. Every lease for the use of ten thousand square feet or more of space in a privately owned building entered into by a state agency as lessee shall be awarded pursuant to R.S. 39:1594 in accordance with the conditions for use set fort…
La. Rev. Stat. § 39:1644 Amendment of leases
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§1644. Amendment of leases A.(1) An existing lease 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, unless there are less than three, proposers …
La. Rev. Stat. § 39:1646 Acquisition of motor vehicles; minimum requirements for fuel efficiency; exceptions
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§1646. Acquisition of motor vehicles; minimum requirements for fuel efficiency; exceptions A. Any purchase or lease of a motor vehicle by an agency which is covered by this Chapter shall be made in accordance with the provisions of this Subpart. Such vehicles shall have, at the t…
La. Rev. Stat. § 39:1647 Procurement of seats in public seating areas of state buildings; requirements for seats with arms; exceptions
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§1647. Procurement of seats in public seating areas of state buildings; requirements for seats with arms; exceptions A. Except as provided in Subsection B of this Section, when the procurement officer of a using agency covered by this Chapter makes any purchase of seats for publi…
La. Rev. Stat. § 39:1648 Medicaid contracts or subcontracts for pharmacy benefit manager services
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§1648. Medicaid contracts or subcontracts for pharmacy benefit manager services A. Contracts for pharmacy benefit manager services, either directly with the Louisiana Department of Health or as a subcontractor or subsidiary of a managed care organization that has a contract with …
La. Rev. Stat. § 39:1651 Duties of the commissioner of administration
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§1651. Duties of the commissioner of administration The commissioner shall promulgate regulations governing the preparation, maintenance, and content of specifications for supplies, services, and major repairs required by the state. Added by Acts 1979, No. 715, §1, eff. July 1, 1…
La. Rev. Stat. § 39:1651.1 Shrimp specifications
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§1651.1. Shrimp specifications Notwithstanding any other provision of law to the contrary, regulations promulgated by the commissioner of administration or other purchasing entity, governing the purchase or use of shrimp shall require that the bid specify the count size of such s…
La. Rev. Stat. § 39:1652 Duties of the chief procurement officer
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§1652. Duties of the chief procurement officer The chief procurement officer shall prepare, issue, revise, and monitor the use of specifications for required supplies, services, and major repairs. Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Ja…
La. Rev. Stat. § 39:1653 Exempted items
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§1653. Exempted items Specifications for supplies, services, or major repairs exempted pursuant to R.S. 39:1572 may be prepared by a purchasing agency in accordance with the provisions of this Part and regulations promulgated hereunder by the head of the governmental body granted…
La. Rev. Stat. § 39:1654 Relationship with using agencies
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§1654. Relationship with using agencies The state chief procurement officer shall obtain advice and assistance from personnel of using agencies in the determination of needs and development of specifications and may delegate in writing to a using agency the authority to prepare a…
La. Rev. Stat. § 39:1655 Maximum practicable competition
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§1655. Maximum practicable competition A. All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the needs of the state, and shall not be unduly restrictive. A specification may be drafted which describes a produ…
La. Rev. Stat. § 39:1656 Escalation clause
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§1656. Escalation clause Bid specifications may contemplate a fixed escalation or de-escalation in accordance with a recognized price index. Such index may include but not be limited to the United States Bureau of Labor Statistics, Consumer Price Index and Wholesale Price Index. …
La. Rev. Stat. § 39:1657 Specifications prepared by architects and engineers
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§1657. Specifications prepared by architects and engineers The requirements of this Part regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications, including but not limited to those proposed by architects, engineers, designers, and draftsm…
La. Rev. Stat. § 39:1658 Purchase of prostheses, orthoses, prosthetic services, and orthotic services by a state
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§1658. Purchase of prostheses, orthoses, prosthetic services, and orthotic services by a state agency from an accredited facility Notwithstanding any other provision of law to the contrary, regulations promulgated by the commissioner of administration or other purchasing entity g…
La. Rev. Stat. § 39:1661 Contract clauses; administration
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§1661. Contract clauses; administration A. Contract clauses. Regulations may permit or require the inclusion of clauses providing for equitable adjustments in prices, time for performance, or other contract provisions, as appropriate, including but not limited to the following su…
La. Rev. Stat. § 39:1662 Cost principles rules and regulations required
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§1662. Cost principles rules and regulations required The state chief procurement officer shall issue rules and regulations setting forth cost principles which shall be used: (1) as guidelines in the negotiation of (a) equitable adjustments for state directed changes or modificat…
La. Rev. Stat. § 39:1671 Authority to resolve protested solicitations and awards
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§1671. Authority to resolve protested solicitations and awards A. Right to protest. Any person who is aggrieved in connection with the solicitation or award of a contract issued by the applicable chief procurement officer shall protest to the chief procurement officer. Protests w…
La. Rev. Stat. § 39:1671.1 Resolution of disputes between the state chief procurement officer and using agencies
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§1671.1. Resolution of disputes between the state chief procurement officer and using agencies If a dispute arises between the state chief procurement officer and a using agency as to any items required to be certified by the using agency to the state chief procurement officer pu…
La. Rev. Stat. § 39:1672 Authority to debar or suspend
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§1672. Authority to debar or suspend A. Applicability. This Section applies to a debarment for cause from consideration for award of contracts or a suspension from such consideration during an investigation where there is probable cause for such a debarment. B. Authority. After r…
La. Rev. Stat. § 39:1672.1 Applicability of Part
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§1672.1. Applicability of Part This Part applies only to those contracts solicited and entered into after the effective date of this Chapter, unless the parties agree in writing to its application to a contract entered into prior to that effective date. Added by Acts 1978, No. 77…
La. Rev. Stat. § 39:1672.2 Authority of the commissioner of administration
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§1672.2. Authority of the commissioner of administration Prior to the institution of any action in a court concerning any contract, claim or controversy, the commissioner of administration with the concurrence of the attorney general is authorized to compromise, pay, or otherwise…
La. Rev. Stat. § 39:1672.3 Action on contract claims
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§1672.3. Action on contract claims This Section applies to a claim by or controversy between the state and a contractor arising out of a contract for professional, personal, consulting, or social services. If such a claim or controversy is not resolved by mutual agreement, the co…
La. Rev. Stat. § 39:1672.4 Jurisdiction; actions in certain cases
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§1672.4. Jurisdiction; actions in certain cases A. The Nineteenth Judicial District Court, subject to appeal or review by the First Circuit Court of Appeal or by the supreme court, as otherwise permitted in civil cases by law and the state constitution, shall have only appellate …
La. Rev. Stat. § 39:1673 Authority to resolve contract and breach of contract controversies other than professional, personal, consulting, and social services contracts
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§1673. Authority to resolve contract and breach of contract controversies other than professional, personal, consulting, and social services contracts A. Applicability. This Section applies to controversies between the state and a contractor and which arise under or by virtue of …
La. Rev. Stat. § 39:1676 Applicability of this Subpart
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§1676. Applicability of this Subpart The provisions of this Subpart apply where it is determined administratively, or upon administrative or judicial review, that a solicitation or award of a contract is in violation of law. Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Act…
La. Rev. Stat. § 39:1677 Remedies prior to an award
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§1677. Remedies prior to an award If it is determined prior to award that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be cancelled. Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2,…
La. Rev. Stat. § 39:1678 Remedies after an award
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§1678. Remedies after an award If it is determined after an award that a solicitation or award of a contract is in violation of law, then: (1) If the person awarded the contract has not acted fraudulently or in bad faith: (a) The contract may be ratified and affirmed, provided it…
La. Rev. Stat. § 39:1678.1 Damages
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§1678.1. Damages A. Damages recoverable by any aggrieved person in any action brought pursuant to the provisions of R.S. 39:1671 or otherwise asserted at law, shall be limited exclusively to reasonable costs incurred in connection with the solicitation including bid preparation c…
La. Rev. Stat. § 39:1679 Violations; penalties
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§1679. Violations; penalties A. No person shall intentionally violate the Louisiana Procurement Code or any rule or regulation promulgated by the commissioner of administration with respect to purchasing. B. Any person who intentionally violates such law, rule, or regulation shal…
La. Rev. Stat. § 39:1681 Authority of the commissioner of administration
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§1681. Authority of the commissioner of administration The commissioner of administration shall have the authority to review and determine any appeal by an aggrieved person from a determination by the state chief procurement officer or his designee which is authorized by R.S. 39:…
La. Rev. Stat. § 39:1682 Exempted departments
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§1682. Exempted departments The secretary who is vested with authority to promulgate regulations by R.S. 39:1581 shall have, within his department, the same authority and responsibilities to review and determine appeals of decisions of the chief procurement officer of his departm…
La. Rev. Stat. § 39:1683 Protest of solicitations or awards
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§1683. Protest of solicitations or awards A. Scope. This Section applies to an appeal addressed to the commissioner of a decision under R.S. 39:1671(C). B. Time limitation on filing an appeal. The aggrieved person shall file an appeal within seven days of receipt of a decision un…
La. Rev. Stat. § 39:1684 Suspension or debarment proceedings
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§1684. Suspension or debarment proceedings A. Scope. This Section applies to a review by the commissioner of a decision under R.S. 39:1672. B. Time limitation on filing an appeal. The aggrieved person shall file its appeal with the commissioner within fourteen days of the receipt…
La. Rev. Stat. § 39:1685 Contract and breach of contract controversies
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§1685. Contract and breach of contract controversies A. Scope. This Section applies to a review by the commissioner of a decision under R.S. 39:1673. B. Time limitation on filing an appeal. The aggrieved contractor shall file its appeal with the commissioner within fourteen days …
La. Rev. Stat. § 39:1691 Venue of actions by or against the state in connection with contracts
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§1691. Venue of actions by or against the state in connection with contracts A. Solicitation and award of contracts. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and a person, bidder, proposer, offerer, or contractor, prospect…
La. Rev. Stat. § 39:1692 Commencement of actions
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§1692. Commencement of actions A. Protested solicitations and awards. Any action under R.S. 39:1691(A) shall be commenced within fourteen days after receipt of the decision of the commissioner under R.S. 39:1683(C). B. Debarments and suspension for cause. Any action under R.S. 39…
