Louisiana Administrative Code
Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL
Part V - Procurement
Chapter 1 - General Provisions
Section V-109 - Definitions and Use
Universal Citation: LA Admin Code V-109
Current through Register Vol. 50, No. 9, September 20, 2024
A. Proprietary Specifications
1.
Proprietary
Specification- a specification that cites brand name, model number,
and some other designation as permitted by
R.S.
39:1655, that identifies a specific product
to be offered exclusive of others.
2. Use
a.
Since use of a proprietary specification is restrictive, it may be used only
when the chief procurement officer or his designee, or a governmental body
delegated authority under
R.S.
39:1566, makes a written determination that
only the identified brand name item or items will satisfy the state's
needs.
b. Some examples of
circumstances which could necessitate proprietary procurement(s) are:
i. revolving fund purchases for resale, such
as groceries, canned good, packing house products, drug sundries, candy,
tobacco and other similar items;
ii. revolving fund purchases of foods for
cafeterias, dining halls or dormitories;
iii. standard replacement parts such as
automobiles, machinery, and equipment;
iv. repairs to automobiles, machinery,
equipment, etc.
3. Competition. The procurement officer shall
seek to identify sources from which the designated brand name item can be
obtained and shall solicit such sources to achieve whatever degree of
competition is practicable. If only one source can supply the requirement, the
procurement shall be made under Chapter 9 (Sole Source Procurement) of this
Part.
4. Reports. The chief
procurement officer shall submit reports to the commissioner or cabinet
department head within 90 days after the end of the fiscal year stating:
a. any brand name contracts used;
b. the number of suppliers
solicited;
c. the identity of these
suppliers;
d. the supplier awarded
the contract; and
e.
Repealed.
B. Brand Name or Equal Specification
1.
Definition. A specification that cites brand names, model number, or other
identifications as representing quality and performance called for, and
inviting bids on comparable items or products of any manufacturer.
2. Use. Some examples of circumstances which
could necessitate the use of brand name or equal specifications are:
a. no specification for a common or general
use item or qualified products list is available; or
b. time does not permit the preparation of
another form of specification, not including a brand name specification;
or
c. the nature of the product or
the nature of the state's requirements makes use of a brand name or equal
specification suitable for the procurement; or
d. use of a brand name or equal specification
is in the state's best interest;
e.
Repealed.
3. Competition
a. Specifications shall seek to designate as
many different brands as are practicable as "or equal" references and shall
state that substantially equivalent products to those designated will be
considered for award.
b. Where a
brand name or equal specification is used in a solicitation, the solicitation
shall contain explanatory language that the use of a brand name is for the
purpose of describing the standard of quality, performance, and characteristics
desired and is not intended to limit or restrict competition.
c. Unless the chief procurement officer or
the head of a purchasing or using agency authorized to finally approve
specifications determines that the essential characteristics of the brand name
included in the specifications are commonly known in the industry or trade,
brand name or equal specifications shall include a description of the
particular design, functional, or performance characteristics which are
required.
C. Qualified Products List
1.
Qualified
Products List- a specification developed by evaluating brands and
models of various manufacturers of an item and listing those determined to be
acceptable as eligible to be offered on the next solicitation; on approved
brands list.
2. Use. A qualified
products list may be developed with the approval of the chief procurement
officer, or the head of a purchasing or using agency authorized to develop
qualified products lists, when testing or examination of the supplies or major
repair items prior to issuance of the solicitation is desirable or necessary in
order to best satisfy state requirements.
3. Comments, Final Approval, Revisions, and
Cancellation. Comments on final approval of, and revisions to the proposed
criteria and methodology for establishing and maintaining a qualified products
list, and the cancellation thereof, shall follow the procedures of
Subparagraphs D.3.b-e of this Section applicable to specifications for common
or general use items.
4.Solicitation
a. When developing a qualified products list,
a representative group of potential suppliers shall be solicited in writing to
submit products for testing and examination to determine acceptability for
inclusion on a qualified products list. Any potential supplier, even though not
solicited, may offer its products for consideration.
b. Inclusion on a qualified products list
shall be based on results of tests or examinations conducted in accordance with
prior published requirements.
D. Common or General Use Item
1. Definition. Specification for a
Common or General Use Item- a specification which has been developed
and approved for repeated use in procurement in accordance with the provisions
of
R.S.
39:1651.
2. Use. If a specification for a common or
general use item has been developed or a qualified products list has been
developed for a particular supply, service, or major repair item, or need, it
shall be used unless the chief procurement officer or the head of a purchasing
agency makes a written determination that its use is not in the state's best
interest and that another specification shall be used.
3. Special Additional Procedures
a. Preparation and Utilization. A
specification for common or general use shall, to the extent practicable, be
prepared to be utilized:
i. when a supply,
service, or major repair item is used in common by several using agencies or
used repeatedly by one using agency, and the characteristics of the supply,
service, or major repair item as commercially produced or provided remain
relatively stable while the frequency or volume of procurement is
significant;
ii. where the state's
recurring needs require uniquely designed or specially produced items;
or
iii. when the chief procurement
officer, or the head of a purchasing or using agency authorized to prepare such
specifications, finds it to be in the state's best interest.
b. In the event a using agency
requests the preparations of a specification for a common or general use item,
the chief procurement officer, his designee, or a governmental body delegated
authority under
R.S.
39:1566, shall prepare such a specification
if such officer determines the conditions in Clauses 3.a.i-iii of this
Paragraph have been met.
c.
Comments on the Draft. The chief procurement officer, his designee, or the head
of a purchasing or using agency preparing a specification for a common or
general use item, shall provide an opportunity to appropriate parties to
comment on the draft specification including, as reasonable, a number of
manufacturers and suppliers as such officer deems appropriate.
d. Final Approval. Final approval of a
proposed specification for a common or general use item shall be given only by
the chief procurement officer, or his designee, or a governmental body
delegated authority under
R.S.
39:1566.
e. Revisions. Revisions to specifications for
common or general use items which do not change the technical elements of the
specifications but which are necessary for clarification may be made upon
approval of the chief procurement officer, or the head of a purchasing or using
agency authorized to approve such specifications. Interim revisions to fit the
requirements for a particular procurement which change the technical elements
of the specification may be made by the chief procurement officer, or the head
of a purchasing or using agency authorized to approve such a specification. All
other revisions shall be made in accordance with Subparagraphs D.3.a-d of this
Section.
f. Cancellation. A
specification for a common or general use item may be canceled by the chief
procurement officer, or by the head of a purchasing or using agency authorized
to give final approval to such specifications.
E. Use of Functional or Performance Descriptions. State agencies should emphasize functional or performance criteria while limiting design or other detailed physical descriptions to those necessary to meet the needs of the state to the extent practicable.
1.
Functional or
Performance Specifications- terms used interchangeably to
designate an approach to specifications that is less interested in dimensions
and materials and configurations and more interested in what a product does.
These specifications describe the characteristics and capabilities that are
pertinent to the intended use of the article and, at a minimum, would include
an explanation of the results required, testing methods, and characteristics
that the goods or service must perform.
2.
Design Specifications- a
term that customarily employs dimensional and other physical requirements of
the item being purchased.
AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1581.
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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