Current through Register Vol. 50, No. 3, March 20, 2024
A. When a
contract is to contain an option for renewal, extension, or purchase, notice of
such provision shall be included in the solicitation. When such a contract is
awarded, exercise of the option shall be at the state's discretion only, and
shall be at the mutual agreement of the state and the contractor.
B. Contract Clauses. Contracts for supplies,
services and major repairs may permit or require the inclusion of clauses
providing for equitable adjustments in prices, time for performance, or other
contract provisions identified in
R.S.
39:1661 in addition to the following, as
appropriate:
1. 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;
d. security for contract
performance;
e. insurance
requirements including as appropriate but not limited to general liability,
automobile coverage, workers' compensation, and errors and omissions;
f. beginning and ending d ates of the
contract;
g. maximum compensation
to be paid the contractor including due date of the payment(s);
2. the unilateral right of the
state to order in writing temporary stopping of the work or delaying of
performance;
3. variations between
estimated quantities of work in a contract and actual quantities;
4. manufacturers' design drawings shall be
supplied in duplicate for all state buildings, to the appropriate state agency
at the conclusion of the contract.
C. Additional Contract Clauses. Contracts may
permit or require the inclusion of clauses providing for appropriate remedies
and covering the following subjects:
1.
liquidated damages as appropriate;
2. specified excuses for delay or
nonperformance;
3. termination of
the contract for default;
4.
termination of the contract in whole or in part for the convenience of the
state.
5. an annual appropriation
dependency clause;
6. audit
language;
7. when a contract
requires an original signature as provided by R.S. 9:2601-2621 and LAC
4:I.Chapter 7, Implementation of Electronic Signatures in Global and National
Commerce Act-P.I., 106-229, an electronic signature is considered an original
signature.
D. Additional
contract clauses for contracts awarded from a competitive sealed proposal shall
contain as a minimum:
1. description of the
work to be performed or objectives to be met, when applicable;
2. amount and time of payments to be
made;
3. description of reports or
other deliverables to be received, when applicable;
4. date of reports or other deliverables to
be received, when applicable;
5.
responsibility for payment of taxes, when applicable;
6. circumstances under which the contract can
be terminated either with or without cause;
7. remedies for default;
8. a statement giving the legislative auditor
the authority to audit records of the individual firm;
9. performance measurement;
10. monitoring plan.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
39:1581.
