Louisiana Administrative Code
Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL
Part XIII - University Pilot Procurement Code
Chapter 3 - Purpose, Applicability and Definitions
Section XIII-305 - Definitions
Aggrieved Party-a person who files a written protest in connection with the solicitation or award or the issuance of a written notice of intent to award a contract under the University Pilot Procurement Code and has or may have a pecuniary or other property interest in the award of the contract.
Anti-Competitive Practices-a practice among bidders or offerors which reduces or eliminates competition or restrains trade. An anti-competitive practice can result from an agreement or understanding among competitors to restrain trade such as submitting collusive bids or proposals, or result from business actions which have the effect of restraining trade, such as controlling the resale price of products.
Award-the acceptance of a bid or proposal; the presentation of a purchase agreement or contract to a selected respondent.
Best and Final Offer (BAFO)-in a competitive negotiation, the final proposal submitted by a respondent after negotiations have been completed and which contains the respondents most favorable terms in response to the solicitation.
CEO-the most senior administrator for the university system governed by the management board, also referred to as president.
Chancellor-the chief administrative head of the institution of higher education, whether identified by this or some other title in the universitys organization chart, also referred to as president.
Chief Financial Officer (CFO)-the most senior university executive responsible for financial controls for the university, whether identified by this or some other title in the universitys organization chart. The CFO or designee has specified responsibilities under this University Pilot Procurement Code.
Chief Procurement Officer (CPO)-as used in this University Pilot Procurement Code is the director of procurement for the university and does not refer to the chief procurement officer for the state of Louisiana.
Client Services-services provided directly to university clients including, but not limited to, medical and dental services, employment and training programs, residential care, and subsidized housing.
Collusion-see anti-competitive practices.
Common or General Use Item-a specification which has been developed and approved for repeated use in procurements in accordance with the provisions of R.S. 39:1651(A) and (B).
Competitive Negotiation-a step toward a contract involving back and forth communication regarding costs and other criteria between the evaluation team and respondents who have been found suitable for award of a contract pursuant to evaluation of responses to a solicitation.
Competitive Reverse Auction (CRA)-a competitive online solicitation process conducted for goods and/or services in which respondents compete against each other online, in real time, in an open and interactive environment.
Competitive Sealed Bidding-the receipt of bids protected from inspection prior to bid opening. Bids may be received in any manner specified in the solicitation for bids including receipt by mail, by direct delivery, or through any secure electronic interactive environment permitted by rule or regulation
Consultant-an independent individual or firm contracting with the university to perform a service or render an opinion or recommendation according to the consultants-methods and without being subject to the control of the university except as to the result of the work. The university monitors progress under the contract and authorizes payment.
Contract-all types of university agreements; sponsored agreements including but not limited to purchase orders, for the procurement or disposal of goods and services and the generation of revenue for the university by the use of university facilities, personnel or services; contract shall not include:
1. contracts or appointments for employment;
2. licensing of universitys intellectual property specially regulated by the management board;
3. cooperative endeavor agreements.
Contract Controversy-a disagreement that may arise between the university and a contractor regarding the interpretation, application or breach of contract terms. This includes, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission.
Contract Modification-any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.
Contractor-any individual or entity having a contract with the university.
Cooperative Buying Organization (CBO)-a public or private organization that offers goods or services to subscribing public or private procurement units from vendors located in the United States who have agreed to uniform terms, conditions and pricing in accordance with an agreement entered into by the participants pursuant to a competitive award process.
Cooperative Purchasing-procurement conducted by or on behalf of more than one public procurement unit or by a public procurement unit with an external procurement activity or by a private procurement unit.
Electronic Signature-an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Emergency Procurement-a purchase made after a written determination by the CPO that:
1. there exists an emergency condition which creates a threat to public health, welfare, safety, or public property, or conservation of public resources;
2. the emergency condition creates an immediate and serious need for goods or services that cannot be met through normal procurement methods.
Evaluation Team-a group of individuals designated to conduct interviews and negotiations during the evaluation of responses to a solicitation. The team members may be requested to provide scores for solicitations reviewed.
Firm, Fixed Price Contract-a contract where the total amount to be paid to the contractor is fixed and is not subject to adjustment by reason of the cost experience of the contractor. The term includes contracts where the unit price is set but the total price varies because actual quantities purchased deviate from the quantities estimated to be purchased. The term also includes contracts where the price may be adjusted in accordance with a contractually established price adjustment provision which is not based upon the contractor's costs.
General Services Administration (GSA) Contract Schedules-long-term government-wide contracts awarded by the U.S. General Services Administration to commercial entities to provide government procurement access to a broad spectrum of commercial goods and services at volume discount pricing.
Goods-all property, including but not limited to, equipment, materials, supplies, insurance, license agreements for software and leases on real property excluding a permanent interest in land, all consistent with established management board policies. Goods are not services.
Intergovernmental or Interagency Contracts-contracts or agreements in which each of the parties is a governmental entity or between subdivisions or institutions under their jurisdiction.
Invitation to Bid (ITB)-a solicitation, whether attached or incorporated by reference, utilized for soliciting bids to provide goods or services in accordance with this University Pilot Procurement Code.
Items for Resale-goods or services purchased by the university for retail sale to students, employees or the public.
Lease of Facilities-contracts for the lease or rental of space by or for the university shall require the authorization of the CPO. A lease or rental of more than 5,000 square feet in a privately owned building shall be awarded by use of an ITB or RFP as determined by procurement policies and approved by the CPO. Amendment of a lease of facilities shall be made only after approval by the CPO.
Management Board-the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College.
Multi-Step Bids or Proposals-a solicitation involving two competitive steps, combining the elements of both competitive sealed bids and competitive sealed proposals. The first step may require the submission of technical and price proposals with only the technical proposal being evaluated and scored. The second step involves the consideration of price proposals of those firms that have achieved the highest technical scores.
Negotiationc-onferring, discussing, or bargaining to reach agreement in business transactions on a potential procurement.
Office of State Purchasing Contracts-contracts entered into by the Louisiana Office of State Purchasing and made available to other Louisiana procurement units.
President-the most senior administrator for the university system governed by the management board, also referred to as CEO.
Procurement-the process by which the ownership or use of goods or services is acquired. Also includes all functions that pertain to the obtaining of goods and services, including but not limited to description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.
Procurement Policies-policies shall generally describe requirements for selection and solicitation of sources, preparation and award of contracts and all phases of contract administration. Procurement policies may address other issues related to procurement and to revenue generating contracts.
Professional Services-work rendered by an independent contractor who has a professed knowledge of a particular aspect of learning or science and its practical application. A profession is a vocation founded on advanced specialized study and training which enables its practitioner to provide particular services.
Proprietary Specifications-a specification that cites brand name, model number, or some other designation that identifies a specific product to be offered exclusive of others.
Protest-a written objection by a potential aggrieved party to a solicitation or award of contract, with the intention of receiving a remedial result. Protests must be filed in accordance with this University Pilot Procurement Code (UPPC).
Public Funds-legislatively appropriated funds, interagency transfers, statutory dedication, federal appropriations, self-generated funds, gifts and funds received by the university by grant or other method from governmental or private sources and which may be used to advance the missions of the university.
Request for Proposals (RFP)-a solicitation for proposals to supply services or a combination of services and goods where weighted criteria are the basis for award. An RFP may also be used for a solicitation for lease of facilities.
Request for Quotation (RFQ)-a solicitation for use in procurements that includes a description of the goods or services specified and requests that a potential vendor respond with price and other information by a designated time and date. Evaluation and recommendation for award are based on the quotation which offers the best price, quality, delivery and services from a respondent with a satisfactory record for performance and reliability.
Request for Quote and Qualifications (RFQQ)-a solicitation the university has identified the need and the services to resolve it and is looking for a firms qualifications and costs or fees to provide the identified services.
Respondent-an individual or entity that submits a response to a solicitation.
Responsible Respondent-a business entity or individual determined to be fully capable of meeting all requirements of the solicitation and subsequent contract and which has the personnel, financial and technical resources to perform as will be contractually required. A responsible respondent must be able to fully document in advance the ability to provide good faith performance.
Responsive Respondent-an individual or business entity that has submitted a bid/proposal/offer that fully conforms in all material respects to the requirements of the solicitation.
Services-the furnishing of labor, time or effort by a vendor which may involve, to a lesser degree, the delivery or supply of a product, incidental to the required performance.
Shared Service Model-the provision of a service or function by one part of an organization or group where that service or function had previously been found in more than one part of the organization or group. Funding and resourcing of the service is shared and the providing department effectively becomes an internal service provider.
Signature-a manual or electronic signature. See also electronic signature.
Small Purchases-procurements not exceeding $5,000 or an amount as determined by the management board to be in the best interest of the university or to offset volatile economic conditions may be made in accordance with small purchase- procedures, except that procurement requirements shall not be artificially divided so as to constitute a small purchase under this definition.
Sole Source Procurement-a purchase made when there is only one source for a good or service and only one vendor or supplier has the sole ability to meet the requirements of the procurement.
Solicitation-an ITB, RFP, RFQ, RFQQ, CRA, SFO or an electronic posting, document or any other communication used to obtain responses for the purpose of entering into a contract.
Solicitation for Offers (SFO)-a solicitation for a contract that will produce revenue or other significant benefit for the university.
University-Louisiana State University and Agricultural and Mechanical College, located at Baton Rouge and designated as the premier flagship university for the state, an institution of the Louisiana State University System and under the supervision and management of the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College.
University Pilot Procurement Code (UPPC)-the rules adopted pursuant to the authority granted by R.S. 17:3139.5.5.c.i, for use by the initial qualifying institution and those institutions operating under the auspices of a shared services model managed by the qualifying institution, in lieu of state procurement statutes when the university procures goods or services or enters other contracts.
Used Equipment-pre-owned or rebuilt/remanufactured/ refurbished equipment that may be offered for purchase.
Vendor-a supplier or seller of goods or services.
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of 2014.
