Current through Register Vol. 50, No. 9, September 20, 2024
A. Procurement Support Team Composition
1. A procurement support team (PST) shall be
formed in accordance with the procedures defined herein for every information
technology contract in an amount $100,000 or greater for the procurement of
information technology hardware, hardware maintenance, software, software
maintenance, and software support services. All contracts shall be subject to
the review and approval of other agencies as required by statute or
regulations. Purchase release orders issued pursuant to a direct order contract
or a brand name contract shall not constitute a contract for purposes of these
procedures. The formation of a procurement support team shall be accomplished
by the Office of State Purchasing and shall include one or more representatives
from each of the following: the Office of State Purchasing; the Legislative
Legal Staff; the using agency initiating the procurement action; and the
Legislative Fiscal Office. The Office of Information Technology will provide
technical staff to assist the Office of State Purchasing and the procurement
support team.
2. At least two
members of each procurement support team shall have formal training in contract
negotiations. The Legislative Fiscal Officer, the speaker of the House of
Representatives and the president of the Senate (jointly), and the head of the
Purchasing Agency (or his designee), shall each designate in writing to the
Office of State Purchasing the names of a primary and an alternate team member.
It shall be the responsibility of each named agency to keep the Office of State
Purchasing advised of any changes in designated individuals.
3. The individual agencies represented on
procurement support teams will have the following primary responsibilities.
These responsibilities may be enlarged or modified as appropriate to each given
situation by the procurement support team leader with the concurrence of the
Office of State Purchasing.
a. Legislative
Fiscal Office. The Legislative Fiscal Office shall have the primary
responsibility for the analysis of solicitations and review of funding
procedures and certification of specific appropriation for the purpose prior to
the final contract award.
b.
Legislative Legal Staff. The Legislative Legal Staff shall have the primary
responsibility for developing the legal terms and conditions of draft
contracts, evaluating the legal impact of substantive terms and conditions,
review to ensure compliance with statutes and regulations, and legal
negotiations.
c. Office of State
Purchasing. The Office of State Purchasing shall have primary responsibility
for insuring compliance with procurement procedures and regulations, the
drafting of solicitations, and the evaluation of bids and proposals.
d. The Procuring Agency. The procuring agency
shall have primary responsibility for the determination of compliance of bids
or proposals with the functional requirements, and for all management decisions
at each phase of the procurement process.
4. The Office of Information Technology shall
provide technical staff to assist the Office of State Purchasing and the
procurement support team. They shall provide advice and support in the area of
information technology techniques, negotiation techniques, developing the
structure and content of solicitations, and evaluation of bids or proposals, as
requested by the Office of State Purchasing.
B. Procurement Support Team Involvement. The
procurement support team participation may include assistance in finalizing the
solicitation. Procurement support team participation must include, as a
minimum, assistance in evaluation of bids and proposals, and negotiations of
contract terms (if applicable). Assistance shall consist of reviewing the
evaluation process and recommendation of award. Procurements requiring this
level of support will involve the active participation of all of the members of
the procurement support team as a unit.
1.
The Office of State Purchasing, pursuant to the guidelines established therein,
shall be responsible for convening a procurement support team if the
procurement is $100,000 or greater. The Office of State Purchasing will
designate the team leader.
2. At
least four members, one from each office designated, must be present to
constitute a quorum.
3. There will
be at least one meeting during the procurement process. Each member of the
procurement support team must assist in the evaluation of bids or proposals,
and negotiation of contracts (if applicable). The procurement support team will
make written evaluations and recommendations as a group; these will not
supplant written individual agency approvals as required by statute or
regulations. This review must be indicated by the signature of each team member
on the procurement support team review form, which is maintained by the Office
of State Purchasing. In the event a team member indicates acceptance or
concurrence of any activity, and the team member's agency subsequently refuses
to approve the process pursuant to its statutorily required review, the
reviewing agency and the individual team member must submit to the team leader
written reasons for their actions. The team leader shall file these documents
in the final activity file.
4. In
situations where formal negotiations with prospective vendors or a successful
bidder or proposer are appropriate, such negotiations will be conducted by a
negotiation team appointed by the procurement support team leader. One member
of the negotiating team will be designated as lead negotiator. The results of
such negotiations will, of course, be subject to all statutorily required
reviews. The lead negotiator and at least one other member of the negotiating
team should have formal training in contract negotiations.
5. After the procurement process has been
completed, one copy of the documentation related to the procurement will be
retained on file by the Office of State Purchasing.
6. The Office of State Purchasing shall have
final statutory approval.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
39:199.C and
D.