Title 39, Public Finance
0 chapters · 1,355 sections in this title.
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…
La. Rev. Stat. § 39:1695 Late payment to business; penalty paid by state agency
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§1695. Late payment to business; penalty paid by state agency A. If a state agency without reasonable cause fails to make any payment due within ninety days of the due date prescribed by contract, to a business awarded a contract with the state agency to supply equipment, supplie…
La. Rev. Stat. § 39:1696 Reporting requirements
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§1696. Reporting requirements A. Whenever a state agency is required by R.S. 39:1695 to pay a penalty, it shall be presumed that the fault is that of the head of the state agency and, in such cases, the head of the state agency shall submit to the Joint Legislative Committee on t…
La. Rev. Stat. § 39:1697 Disputed claims
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§1697. Disputed claims A. In cases where a state agency states that payment is late due to reasonable cause, and said claim is disputed by the business owed payment, upon the request of a representative of the business the Joint Legislative Committee on the Budget shall determine…
La. Rev. Stat. § 39:17.1 Definitions
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§17.1. Definitions As used in this Subpart, the following terms shall have the meanings ascribed as follows: (1) "Credential" means any document, certificate, identification, license, permit, or card indicating the user's status, right, privilege, classification, permission, enti…
La. Rev. Stat. § 39:17.2 Digitized credentials; authorization; implementation; validity
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§17.2. Digitized credentials; authorization; implementation; validity A. Any credential authorized or required by the state may be made available in digitized format on a program which a user can utilize through an electronic wallet. B. Any digitized credential downloaded through…
La. Rev. Stat. § 39:17.3 Fee
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§17.3. Fee The fee to install the application to display a digitized credential shall not exceed six dollars per credential. Acts 2019, No. 220, §1, eff. June 11, 2019.
La. Rev. Stat. § 39:17.4 Privacy
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§17.4. Privacy The display of a credential shall not serve as consent or authorization for a law enforcement officer or any other person to search, view, or access any other data or application on the mobile device. If a person presents his mobile device to a law enforcement offi…
La. Rev. Stat. § 39:17.5 Renewals
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§17.5. Renewals A. Each agency which has a credential available on an electronic device through the electronic wallet may make the renewal of such credential available through the electronic wallet. B. Prior to making a renewal available through the electronic wallet, each agency…
La. Rev. Stat. § 39:1701 Repealed by Acts 2014, No
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§1701. Repealed by Acts 2014, No. 864, §3, eff. Jan. 1, 2015.
La. Rev. Stat. § 39:1702 Cooperative purchasing authorized; participation in federal General Services
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§1702. Cooperative purchasing authorized; participation in federal General Services Administration vendor list A.(1) Any public procurement unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the acquisition of any supplies, serv…
La. Rev. Stat. § 39:1703 Sale, acquisition, or use of supplies by a public procurement unit
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§1703. Sale, acquisition, or use of supplies by a public procurement unit Any public procurement unit may sell to, acquire from, or use any supplies belonging to another public procurement unit or external procurement activity independent of the requirements of Part III of this C…
La. Rev. Stat. § 39:1704 Cooperative use of supplies or services
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§1704. Cooperative use of supplies or services Any public procurement unit may enter into an agreement, independent of the requirements of Part III of this Chapter or Title 38, with any other public procurement unit or external procurement activity for the cooperative use of supp…
La. Rev. Stat. § 39:1705 Joint use of facilities
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§1705. Joint use of facilities Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit or an external procurement activity under the terms agreed upon…
La. Rev. Stat. § 39:1706 Supply of personnel, information, and technical services
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§1706. Supply of personnel, information, and technical services A. Supply of personnel. Any public procurement unit is authorized, in its discretion, upon written request from another public procurement unit or external procurement activity, to provide personnel to the requesting…
La. Rev. Stat. § 39:1707 Use of payments received by a supplying public procurement unit
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§1707. Use of payments received by a supplying public procurement unit All payments from any public procurement unit or external procurement activity received by a public procurement unit supplying personnel or services shall be available to the supplying public procurement unit …
La. Rev. Stat. § 39:1708 Public procurement units in compliance with code requirements
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§1708. Public procurement units in compliance with code requirements Where the public procurement unit or external procurement activity administering a cooperative purchase complies with the requirements of this Chapter, any public procurement unit participating in such a purchas…
La. Rev. Stat. § 39:1709 Review of procurement requirements
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§1709. Review of procurement requirements To the extent possible, the chief procurement officer shall collect information concerning the type, cost, quality, and quantity of commonly used supplies, services, major repairs, or construction being procured or used by state public pr…
La. Rev. Stat. § 39:171 Base-line projection; purpose
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§171. Base-line projection; purpose A five-year base-line budget projection, hereinafter referred to as "base-line projection", shall be established to provide state policymakers with a financial tool against which to gauge revenue and expenditure proposals. Acts 1992, No. 827, §…
La. Rev. Stat. § 39:1710 Local governing authorities; purchases from local vendors, payment of certain costs
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§1710. Local governing authorities; purchases from local vendors, payment of certain costs When a local governing authority purchases an item at the state bid price through a local vendor, the local governing authority may pay to the local vendor the costs for shipping, preparati…
La. Rev. Stat. § 39:1716 Contract controversies
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§1716. Contract controversies Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, proposers, or contractors shall be resolved in accordance with Part VI of this Chapter, where the administering public p…
La. Rev. Stat. § 39:172 Revenues
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§172. Revenues A. The Revenue Estimating Conference shall determine the revenues to be used in the base-line projection by establishing the following: (1) The official forecast for the current year. (2) The official forecast for the ensuing fiscal year. (3) A projection of money …
La. Rev. Stat. § 39:173 Expenditures
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§173. Expenditures A.(1) The Joint Legislative Committee on the Budget and the commissioner of administration shall jointly determine the expenditures to be used in the base-line projection according to the procedures contained in this Section. (2) The Joint Legislative Committee…
La. Rev. Stat. § 39:1731 Short title
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§1731. Short title The provisions of this Part shall be known and may be cited as the Louisiana Small Business Procurement Act. Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
La. Rev. Stat. § 39:1732 Definitions of terms used in this Part
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§1732. Definitions of terms used in this Part As used in this Part, the following words and phrases shall have the meaning ascribed to them in this Section, except as otherwise may be provided or unless a different meaning is plainly required by the context: (1) "Affiliate or sub…
La. Rev. Stat. § 39:1733 Procurement from small businesses
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§1733. Procurement from small businesses A. Set-aside. The commissioner of the division of administration shall for each fiscal year designate and set aside for awarding to small businesses, an amount not to exceed ten percent of the value of anticipated total state procurement o…
La. Rev. Stat. § 39:1734 Assistance to small businesses
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§1734. Assistance to small businesses The commissioner of administration and the executive director of the Louisiana division of minority and women's business enterprise in Louisiana Economic Development shall publicize the provisions of the set-aside program, attempt to locate s…
La. Rev. Stat. § 39:1735 Determination of disadvantaged
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§1735. Determination of disadvantaged The commissioner of administration shall promulgate regulations, rules, standards, and procedures for certifying that small businesses and small businesses owned and operated by socially or economically disadvantaged persons are eligible to p…
La. Rev. Stat. § 39:1736 Reports
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§1736. Reports The commissioner of administration shall submit an annual report to the governor and the legislature, with a copy thereof going to the Louisiana division of minority and women's business enterprise, indicating the progress being made toward the objectives and goals…
La. Rev. Stat. § 39:1737 Repealed by Acts 1992, No
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§1737. Repealed by Acts 1992, No. 797, §3, eff. July 1, 1992.
La. Rev. Stat. § 39:1738 Repealed by Acts 1992, No
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§1738. Repealed by Acts 1992, No. 797, §3, eff. July 1, 1992.
La. Rev. Stat. § 39:174 Base-line projection report; development; promulgation
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§174. Base-line projection report; development; promulgation A. The legislative fiscal office shall prepare and promulgate a base-line projection report on behalf of the Revenue Estimating Conference, the Joint Legislative Committee on the Budget, and the commissioner of administ…
La. Rev. Stat. § 39:175 Official five-year base-line budget projection
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§175. Official five-year base-line budget projection The latest base-line projection report promulgated by the legislative fiscal office shall be the official five-year base-line budget projection. Acts 1992, No. 827, §1, eff. Aug. 1, 1992.