Current through Register Vol. 50, No. 3, March 20, 2024
A. Contracts arriving
in the Office of State Procurement will be date stamped and logged in.
Contracts should be submitted prior to their effective dates and no contract
shall be approved which has been submitted 60 days after its effective date
unless written justification is provided by the using agency and approval
granted by the director of the Office of State Procurement or his designee. All
Submittals will be required to have a cover letter attached thereto.
B. If a contract does not appear to be out of
the ordinary and appears to have the necessary attachments and inclusions, it
will be routed as appropriate to the Division of Administration budget analyst
for the submitting agency. A BA-22, or its equivalent, shall be submitted with
every contract or amendment submitted to the Office of State Procurement, which
contains any expenditures or reduction in expenditures.
C. Contracts that are incomplete as to form,
or missing an attachment, may be returned to the submitting agency.
D. Contracts Returned from Budget
1. Not Recommended for Approval. If a
contract is not recommended for approval, the Office of State Procurement shall
discuss the reason with the budget analyst. If the problem cannot be resolved,
the contract shall be returned to the submitting agency with an
explanation.
2. Recommended for
Approval. If a contract is recommended for approval the review process shall
continue.
E. Legal and
Content Review. There are a number of different types of contracts, and content
requirements may vary. All contracts shall contain the following:
1. signatures of both the head of the using
agency or his designee and the contractor. An electronic signature as provided
by LAC 4:I.Chapter 7 shall be considered an original signature;
2. contractor name and address (including zip
code);
3. scope of services that
clearly and completely identifies the work to be performed and products to be
delivered;
4. beginning and
termination dates for the contract. Contracts shall not include a clause
permitting automatic renewal or extension of the original beyond a three-year
period, unless authorized by the funding statute. Per
R.S.
39:1622(C)(1)
performance-based energy efficiency contracts shall have a term not to exceed
10 years;
5. the maximum amount of
compensation to be paid under the contract. This maximum must be inclusive of
all payment, fees, travel expenses, etc. When applicable, the amounts shall be
stated by category and then given as a comprehensive total. The payment
schedule shall be given also;
6. a
statement giving the legislative auditor and/or the Office of the Governor,
Division of Administration auditors authority to audit the financial records of
the contractor relative to work done under the contract;
7. a clause providing that the contractor
shall not assign any interest in this contract, and shall not transfer any
interest in the same (whether by assignment or novation), without the prior
written consent of the submitting agency thereto, provided, however, that
claims for money due or to become due to the contractor from the using agency
under this contract may be assigned to a bank, trust company, or other
financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to both the using agency and the director
of the Office of State Procurement;
8. the Office of State Procurement shall
notify the using agency in writing when an assignment of proceeds notice has
been received from a contractor;
9.
a statement giving the contractor the responsibility for paying any taxes which
may be due as a result of the contract. The taxes could include state or
federal income taxes or payroll taxes;
10. advance payments on all contracts except
those for professional services are allowable if limited to less than or equal
to 20 percent of the contract amount and if necessary to provide for the lowest
cost delivery of service, and as provided by
R.S.
39:1613:
a.
all such advances shall be approved by the director of the Office of State
Procurement. If federal funds are to be advanced, federal guidelines shall
prevail on the conditions and amount of the advance. Specific state statutory
authority may override the 20 percent limit for certain contracts;
b. when submitting for approval a contract
including provisions for an advance, the using agency shall submit the
following additional information at a minimum:
i. certification by the using agency that the
procurement of the services involved at the lowest cost requires the advance
and that no other source of funding is available;
ii. provisions in the contract specifying the
amount and timing of the payments and safeguarding repayment of the
advance.
F. Each contract submitted for approval which
exceeds the value specified in
R.S.
39:1623(A) shall be
accompanied by a certification letter as described in
R.S.
39:1623, signed by the using agency's
representative.
G. Proof of review
and approval by other agencies shall accompany submitted contracts as follows;
or contracts will be returned to the submitting agency without final approval.
1. Civil Service. All contracts must have
Civil Service approval unless exempted by the Department of Civil
Service.
2. Attorney General.
Contracts for legal services that are not consulting work and that do involve
or lead to litigation must be reviewed by the attorney general in accordance
with
R.S.
49:258. Approval of the attorney general can
be evidenced by the signature on the contract documents or by a letter from the
attorney general. Contracts with Louisiana district attorneys do not require
this approval.
3. Legislative
Auditor. Contracts for financial auditing of state agencies must have prior
written approval of the legislative auditor.
4. If the contractor is a corporation not
incorporated under the laws of the state of Louisiana, then the contractor must
secure a certificate of authority pursuant to R.S. 12:301-302 from the
secretary of the state of Louisiana and verification of such certificate must
be made available to the Office of State Procurement.
5. The Office of Information Technology
Services shall review and recommend any contract containing elements of
telecommunication services before returning it to the Office of State
Procurement for completion of the analysis.
H. If a contract is subject to the provisions
of
R.S.
39:1621(B), it must have
been awarded pursuant to the requirements of
R.S.
39:1595(B), unless exempt in
accordance with Chapter 9 or Chapter 11 of this Part. Failure to so comply
shall result in the using agency having to reconduct the process. Prior to
approval of a contract for consulting services pursuant to this Subsection, the
Office of State Procurement shall verify that the requirements of
§2605 of this
Part have been met.
I. Information
technology consulting service contracts whose value exceeds the maximum amount
specified in
R.S.
39:1621(C) shall be procured
in accordance with Subchapter B of this Chapter.
J. If a contract is for services defined as
social services in
R.S.
39:1556(54) it must have
been awarded pursuant to the requirements of
R.S.
39:1595(B) unless exempt by
R.S.
39:1619. Failure to so comply shall result in
the using agency having to reconduct the process. Prior to approval of a
contract for social services pursuant to this Subsection, the Office of State
Procurement shall verify that the requirements of
§2605 of this
Part have been met.
K. A formal,
dated board resolution, disclosure of ownership or annual report filed with the
Louisiana Secretary of State's office identifying the signatory as an officer,
or equivalent document signed by one or more owners of the contractor must be
secured and attached to the contract indicating that the signatory is a
representative of the contractor and authorized to sign said
contract.
L. When it has been
determined that a contract is complete, the contract shall be returned to the
submitting agency with an approval from the Office of State
Procurement.
M. A performance
evaluation for every personal, professional, consulting or social services
contract shall be conducted by the using agency in accordance with
R.S.
39:1569.1. This performance evaluation shall
be retained by the using agency for all contracts approved under delegated
authority. For all other contracts, this performance evaluation shall be
submitted to the Office of State Procurement within 120 days after the
termination of the contract.
AUTHORITY
NOTE: Promulgated in accordance with R.S. 39:
1490(B).
