Current through Register Vol. 50, No. 3, March 20, 2024
A. General. The
contract is to be awarded "to the lowest responsible and responsive bidder
whose bid meets the requirements and criteria set forth in the invitation to
bid." See
R.S.
39:1594(H)(competitive
sealed bidding, award) of the Louisiana procurement code. The invitation to bid
shall set forth the requirements and criteria which will be used to determine
the lowest responsive bidder. No bid shall be evaluated for any requirements or
criteria that are not disclosed in the invitation to bid.
B. Responsiveness and Responsibility
Responsive Bidder- a person who has
submitted a bid under
R.S.
39:1594 which conforms in all substantive
respects to the invitation to bid including the specifications set forth in the
invitation.
Responsible Bidder or Proposer-as defined in
§1501 of this
Part.
a. The Office of State
Procurement, or using agency, whichever is applicable, may request suitable
evidence that a vendor is a responsible bidder or proposer in accordance with
Chapter 15 of this Part.
C. Product Acceptability
1. The invitation to bid shall set forth the
evaluation criteria to be used in determining product acceptability. It may
require the submission of bid samples, descriptive literature, technical data,
or other material. It may also provide for:
a. inspection or testing of a product prior
to award for such characteristics as quality or workmanship;
b. examination of such elements as
appearance, finish, taste, or feel; or
c. other examinations to determine whether
the product conforms with any other purchase description requirements, such as
unit packaging. If bidder changes the unit or packaging, and it is determined
that the change prejudices other bidders, then the bid for the changed item
shall be rejected.
2.
The acceptability evaluation is not conducted for the purpose of determining
whether one bidder's item is superior to another but only to determine that a
bidder's offering is acceptable as set forth in the invitation to bid. Any
bidder's offering which does not meet the acceptability requirements shall be
rejected.
D.
Determination of Lowest Bidder
1. Following
determination of product acceptability as set forth in Subsection C of this
Section, if any is required, bids will be evaluated to determine which bidder
offers the lowest cost to the state in accordance with the evaluation criteria
set forth in the invitation to bid. Only objectively measurable criteria which
are set forth in the invitation to bid shall be applied in determining the
lowest bidder. Examples of such criteria include but are not limited to
transportation cost, and ownership or life-cycle cost formula. Evaluation
factors need not be precise predictors of actual future costs, but to the
extent possible, such evaluation factors shall:
a. be reasonable estimates based upon
information the state has available concerning future use; and
b. treat all bids equitably.
E. Restrictions. A
contract may not be awarded to a bidder submitting a higher quality item than
that required by the invitation to bid unless the bid is also the lowest bid as
determined under Subsection D of this Section. Further, this Section does not
permit negotiation with any bidder.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
39:1581.
