Louisiana Administrative Code
Title 28 - EDUCATION
Part I - BESE/8(g) Operations
Subpart 1 - Board of Elementary and Secondary Education
Chapter 11 - Finance and Property
Section I-1103 - Purchasing, Auditing, and Contracts for Professional/Consulting/Social Services
Universal Citation: LA Admin Code I-1103
Current through Register Vol. 50, No. 9, September 20, 2024
A. Purchasing. Entities under the jurisdiction of the board shall comply with all applicable federal and state laws, rules, regulations, and board policy which govern the purchase of goods and services.
B. Auditing
1. Entities under the jurisdiction of the
board shall submit to an audit of their operations. This audit shall be
conducted in accordance with provisions and timelines established by the Office
of the Legislative Auditor.
2. Once
the Office of the Legislative Auditor has issued a report on the operations of
an entity under the board's jurisdiction, it shall be the responsibility of the
LDE to provide the board with a complete analysis of the report and to
recommend corrective actions to be taken, when necessary.
3. The board shall annually approve the audit
plan for the operations of the Bureau of Internal Audit (BIA) within the
Louisiana Department of Education.
C. Authority and Delegation for contracts for Professional/Consulting/Social Services
1.
Entities under the jurisdiction of the board shall negotiate all contracts for
professional/consulting/social services in accordance with all applicable
federal and state laws and in accordance with all applicable federal and state
rules and regulations and board policy.
2. The state superintendent may negotiate and
approve contracts for professional/consulting/social services in the amount of
$50,000 or less and shall issue a report for receipt by the board on all
contracts approved. Contracts in the amount of $50,000 or less, approved via
the authority of the state superintendent, cannot be amended under this same
authority, such that the original contract and subsequent amendments result in
an overall amount of greater than $50,000, unless approved by the board, or the
board president and chairman of finance via emergency authority.
3. The state superintendent shall recommend
to the board for approval all contracts negotiated by the LDE and/or RSD in
accordance with board policy for professional/consulting/social services over
$50,000. BESE approval and signature of the board president shall be obtained
prior to execution and/or payment of contracts greater than $50,000.
4. In the event of a suspension of any
provisions of the Louisiana Procurement Code or of any provision of the
corresponding rules and regulations, BESE approval shall be required as
provided in Subparagraphs 2 and 3 of this subsection, unless those provisions
are also suspended.
a. The request shall be
forwarded to the BESE executive director to include the following:
i. the reason for the request, the name of
the contractor/recipient, the amount of the contract/allocation;
ii. the contract/allocation period;
and
iii. a description of the
services to be provided.
b. The emergency approval shall be
communicated, to the extent possible, electronically, including all of the
aforementioned information, to all board members within 24 hours of approval,
as well as presented at its next meeting.
c. An emergency condition is a situation
which creates a threat to public health, welfare, safety, or public property
such as may arise by reason of floods, epidemics, riots, equipment failures, or
such other reason as proclaimed by the state superintendent. The existence of
such condition creates an immediate and serious need for supplies, services, or
major repairs that cannot be met through normal procurement methods and the
lack of which would seriously threaten:
i. the
functioning of Louisiana government;
ii. the preservation or protection of
property; or
iii. the health or
safety of any person.
d.
The state superintendent shall require that a record be created of all
emergency declarations by making a written determination stating the basis for
an emergency procurement, in addition to BESE emergency approval, as well as
the selection of a particular contractor/recipient. In addition to the written
determination describing the basis for the emergency procurement and issuance,
the record shall also contain:
i. each
contractor's/recipient's name;
ii.
the amount and type of each contract/recipient; and
iii. a listing of services procured under
each contract or allocated to each recipient; and
iv. the written memorandum from the state
superintendent of education or his designee setting forth the request for BESE
approval, the reason for the request, the name of the contractor, the amount of
the contract, the contract period, and a description of the services to be
provided.
5.
In the event that there is an emergency, as defined in applicable law and BESE
policy below and prior to execution, issuance, or payment, the chairman of the
Board Finance Committee and the board president may jointly approve, upon
signature, a contract, contract amendment, or allocation, upon the receipt of a
written memorandum from the state superintendent of education or his/her
designee, setting forth the request for approval.
a. The request shall be forwarded to the BESE
Executive Director to include the following:
i. the reason for the request, the name of
the contractor/recipient, the amount of the contract/allocation;
ii. the contract/allocation period;
and
iii. a description of the
services to be provided.
b. The emergency approval shall be
communicated, to the extent possible, electronically, including all of the
aforementioned information, to all board members within 24 hours of approval,
as well as presented at its next meeting.
c. An emergency condition is a situation
which creates a threat to public health, welfare, safety, or public property
such as may arise by reason of floods, epidemics, riots, equipment failures, or
such other reason as proclaimed by the state superintendent. The existence of
such condition creates an immediate and serious need for supplies, services, or
major repairs that cannot be met through normal procurement methods and the
lack of which would seriously threaten:
i. the
functioning of Louisiana government;
ii. the preservation or protection of
property; or
iii. the health or
safety of any person.
d.
The state superintendent shall require that a record be created of all
emergency declarations by making a written determination stating the basis for
an emergency procurement, in addition to BESE emergency approval, as well as
the selection of a particular contractor/recipient. In addition to the written
determination describing the basis for the emergency procurement and issuance,
the record shall also contain:
i. each
contractor's/recipient's name;
ii.
the amount and type of each contract/recipient; and
iii. a listing of services procured under
each contract or allocated to each recipient; and
iv. the written memorandum from the state
superintendent of education or his designee setting forth the request for BESE
approval, the reason for the request, the name of the contractor, the amount of
the contract, the contract period, and a description of the services to be
provided.
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10).
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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