Title 39, Public Finance
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 39:1606 Responsibility of bidders and proposers
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§1606. Responsibility of bidders and proposers A. A reasonable inquiry to determine the responsibility of a bidder or proposer may be conducted. The unreasonable failure of a bidder or proposer promptly to supply information in connection with such an inquiry may be grounds for a…
La. Rev. Stat. § 39:1607 Prequalification of bidders and proposers
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§1607. Prequalification of bidders and proposers The office of state procurement may provide for prequalification of bidders and proposers as responsible prospective contractors. Solicitation mailing lists of potential contractors shall include but shall not necessarily be limite…
La. Rev. Stat. § 39:1608 Cost or pricing data
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§1608. Cost or pricing data A. Contractor certification. A contractor shall submit cost or pricing data and shall certify that, to the best of its knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually determined specified da…
La. Rev. Stat. § 39:1611 Cost-plus-a-percentage-of-cost contracts
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§1611. Cost-plus-a-percentage-of-cost contracts The cost-plus-a-percentage-of-cost system of contracting shall not be used. Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
La. Rev. Stat. § 39:1612 Cost-reimbursement contracts
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§1612. Cost-reimbursement contracts A. Determination required prior to use. No cost-reimbursement prime contract may be made unless it is determined in writing in accordance with regulations that such contract is likely to be less costly to the state than any other type of contra…
La. Rev. Stat. § 39:1613 Reimbursement of costs for professional, personal, consulting, and social services
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§1613. Reimbursement of costs for professional, personal, consulting, and social services contracts A. All cost-reimbursement type contracts shall contain a provision that only costs recognized as allowable in accordance with cost principles set forth in rules and regulations, is…
La. Rev. Stat. § 39:1614 Approval of accounting system
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§1614. Approval of accounting system Except with respect to firm fixed-price contracts, no contract type shall be used unless it has been determined in writing by the chief procurement officer or his designee that: (1) The proposed contractor's accounting system will permit timel…
La. Rev. Stat. § 39:1615 Multiyear contracts
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§1615. Multiyear contracts A. Specified Period. Unless otherwise provided by law, a contract for supplies or services may be entered into for periods of not more than five years, if funds for the first fiscal year of the contemplated contract are available at the time of contract…
La. Rev. Stat. § 39:1616 Installment-purchase contract
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§1616. Installment-purchase contract The central purchasing agency may, on behalf of any governmental body, enter into contracts for the installment purchase of supplies or equipment, including but not limited to data processing equipment and telecommunications equipment, procure…
La. Rev. Stat. § 39:1617 Professional service contracts
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§1617. Professional service contracts Contracts for professional services may be awarded without the necessity of competitive bidding or competitive negotiation. Added by Acts 1978, No. 772, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
La. Rev. Stat. § 39:1618 Contractual attorney's fees; affidavit
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§1618. Contractual attorney's fees; affidavit Each attorney hired on a contractual basis for professional services shall submit his fee by sworn affidavit. The affidavit shall contain a detailed statement of the number of hours actually worked, giving the dates and time of day, a…
La. Rev. Stat. § 39:1619 Social service contracts
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§1619. Social service contracts A. Social services include: (1) Rehabilitation and health supports include services rendered by a contractor with special knowledge or service available to assist individuals in attaining or maintaining a favorable condition of physical and mental …
La. Rev. Stat. § 39:1620 Personal service contracts
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§1620. Personal service contracts Contracts for personal services may be awarded without the necessity of competitive bidding or competitive negotiation. Added by Acts 1978, No. 772, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
La. Rev. Stat. § 39:1621 Consulting service contracts
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§1621. Consulting service contracts A. Contracts for consulting services which have a total maximum amount of compensation less than one hundred fifty thousand dollars for a twelve-month period may be awarded without the necessity of competitive bidding or competitive negotiation…
La. Rev. Stat. § 39:1622 Performance-based energy efficiency contracts
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§1622. Performance-based energy efficiency contracts A. Any state agency as defined in R.S. 39:2 may enter into a performance-based energy efficiency contract for services and equipment as provided in this Section. The commissioner of administration shall adopt and promulgate rul…
La. Rev. Stat. § 39:1623 Certification by using agency
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§1623. Certification by using agency A. Upon seeking approval to enter into a proposed professional, personal, consulting, or social service contract valued in excess of five thousand dollars, an individual or individuals specifically designated by the head of the using agency fo…
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. § 39:1645 Repealed by Acts 2014, No
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§1645. Repealed by Acts 2014, No. 864, §3, eff. Jan. 1, 2015.
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. § 39:1659 Repealed by Acts 2014, No
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§1659. Repealed by Acts 2014, No. 864, §3, eff. Jan. 1, 2015.
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…