Current through Register Vol. 50, No. 9, September 20, 2024
A.R.S.
39:198(E) authorizes the
state director of purchasing to enter into master agreements with vendors with
which the state conducts substantial business over a period of time and sets
forth the uses to which such master agreements may be put. Master agreements
may be approved in accordance with the following requirements.
B. Master agreements submitted for approval
shall, at a minimum, contain the following provisions:
1. any contract based on the master agreement
shall be governed by the laws of the state of Louisiana;
2. the unilateral right of the state to order
in writing changes in the work within the general scope of the contract in any
one or more of the following:
a. drawings,
designs, or specifications, if the supplies to be furnished are to be specially
manufactured for the state in accordance therewith;
b. method of shipment or packing;
or
c. place of delivery;
3. the unilateral right of the
state to order in writing temporary stopping of the work or delaying of
performance;
4. variations between
estimated quantities of work in a contract and actual quantities;
5. liquidated damages as
appropriate;
6. specified excuses
for delay or nonperformance;
7.
termination of the contract for vendor's default;
8. termination of the contract in whole or in
part for the convenience of the state;
9. the vendor shall agree to indemnify the
state and hold the state harmless without limitation of liability;
10. the vendor shall agree to secure and
maintain insurance in such types and amounts as approved by the director of
state purchasing;
11. the vendor
agrees continuation of contracts in effect during more than one fiscal year is
contingent upon the appropriation of funds to fulfill the requirements of the
contract by the legislature. If the legislature fails to appropriate sufficient
monies to provide for the continuation of the contract or if such appropriation
is reduced by the veto of the governor or by any means provided in the
appropriations act or Title 39 of the Louisiana Revised
Statutes of 1950 to prevent the total appropriation for the year from
exceeding revenues for that year, or for any other lawful purpose, and the
effect of such reduction is to provide insufficient monies for the continuation
of the contract, the contract shall terminate on the date of the beginning of
the first fiscal year for which funds are not appropriated;
12. a ny changes mandated by state or federal
law, whether legislative or judicial, will be incorporated into the master
agreement; however, if such a change is not acceptable to either party, the
affected term or terms of the contract shall be renegotiated and, if agreement
cannot be reached, shall be stricken from the contract.
C. The director of purchasing may approve a
master agreement only after the agreement has been negotiated with the vendor
by the procurement support team.
D.
In the event any vendor fails to fulfill or comply with the terms of any
contract, the director of purchasing may rescind approval of the vendor's
master agreement.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
39:200(F).
