Current through Register Vol. 50, No. 9, September 20, 2024
A. Applicability of Section. The provisions
of this Section shall apply to all major procurement.
B. Initiation of Procurement. The corporation
shall initiate a major procurement by preparation of a "Procurement
Authorization Form" which authorized the procurement. The procurement
authorization form shall to the extent possible clearly state the goods or
services to be procured, the corporation's need for the goods or services, an
estimate of the anticipated range of cost of the procurement and a listing of
potential contractors. The listing of potential contractors shall include all
businesses on the list of interested contractors as provided in these rules and
who are known to the corporation as being in the business of supplying the
desire goods or services and any business from whom a response to the
corporation's request for proposals would, in the opinion of the procurement
agent, enhance the competition among businesses for the procurement contract.
The board may by resolution authorize and designate a person or persons to sign
procurement authorizations.
C.
Preparation of Request for Proposals. Upon execution of a procurement
authorization, the corporation shall prepare a request for proposals which
shall include, at a minimum, the following information:
1. Specifications of the goods or services
required by the corporation, prepared in such a manner as to promote
comparability of responses by potential contractors;
2. a requirement that all responding
proposals be in writing and the time by and place at which all responding
potential contractors should submit proposals; and
3. a listing of the criteria the corporation
will use in evaluating proposals by responding potential contractors and the
relative weight the corporation will give the respective criteria.
D. Dissemination of RFP. The
corporation shall give public notice of the RFP by advertising its issuance in
the official journal of the state or the corporation. The advertisement shall
appear at least 20 days before the last day that the corporation will accept
proposals by potential contractors unless a shorter period is authorized by the
board. The advertisement shall generally specify the goods or services required
by the corporation, the last date that the corporation will accept proposals
and an address at which a copy of the RFP can be obtained. The corporation may
advertise the issuance of a RFP in trade journals which serve the interests of
businesses likely to respond to the RFP. Additionally, the corporation shall
mail or make available a copy of the RFP to potential contractors who have
requested in writing to be notified of major procurement for acquisition of
specific products or services in accordance with these procurement
rules.
E. Cancellation or Amendment
of RFP. The corporation may cancel or amend any outstanding RFP by written
notice to all businesses to which the RFP was sent or given. The reasons for
cancellation or amendment of an RFP shall be stated in the notice sent by the
corporation. The corporation shall deliver a copy of the notice and reasons to
the directors.
F. Acceptance and
Evaluation of Proposals
1. The corporation
shall consider and evaluate all proposals responding to the RFP which are
submitted in compliance with the deadline and other requirements stated in the
RFP. The corporation may waive any deficiency or nonconformity of a proposal or
provide the responding business a reasonable period of time to cure the
deficiency or nonconformity, provided that the board determines such action
does not prejudice the status of other proposals. At any time prior to
completion of the evaluation process, the corporation may request any
responding potential contractors to clarify or expand upon provisions of their
proposals. The corporation shall evaluate proposals in a manner consistent with
the RFP. The procurement contract shall be awarded in the corporation's sole
and uncontrolled discretion.
2. The
RFP may allow potential contractors or bidders to submit written requests for
clarification and the procurement agent or the board may conduct one or more
bidder conferences which shall be open to all potential bidders or contractors.
All potential bidders who have requested clarification or notice thereof shall
be transmitted all clarification information.
G. Acceptance of RFP Terms and Criteria;
Objections to RFP. The submission of a proposal for a major, emergency or minor
procurement, without prior written objection to the form, criteria or content
of the RFP shall constitute a waiver of any objection thereto. Such a
submission shall also constitute and be and express agreement to be bound by
the form, specification, evaluation criteria and content of the RFP as well as
the decision of the corporation in awarding the Procurement.
H. Preparation of Contract. Upon completion
of the evaluation and mutual acceptance of all terms of the proposal by the
corporation and the contractor, the corporation shall prepare the contract. The
contract shall unless specifically otherwise authorized by the board contain,
at a minimum, the following:
1. the name and
address of the contractor;
2. the
goods to be delivered or the services to be performed under the
contract;
3. the term of the
contract and a statement giving the corporation the right to terminate the
contract unilaterally upon 90 days written notice;
4. a provision giving the corporation the
right to audit those financial records of the contractor which relate to the
contract;
5. a provision that the
contractor shall not transfer any interest in the contract without the prior
written consent of the corporation (except that claims for money due or to
become due to the contractor from the corporation under the contract may be
assigned to a bank, trust company or other financial institution but that the
corporation shall not be bound by the assignment unless furnished timely and
sufficient notice of it);
6. a
provision that the contractor shall bear responsibility for paying any taxes
which become due as a result of payments to the contractor under the
contract;
7. a provision that upon
termination of the contract all records, reports, worksheets or any other
materials related to the contract may at the discretion of the corporation
become the property of the corporation;
8. a provision obligating the contractor to
provide the corporation with notice of any material adverse change in its
condition, financial or otherwise;
9. a provision requiring the payment of
liquidated damages to the corporation upon a material breach of the contract by
the contractor; and
10. a provision
that Louisiana Laws will govern the contract.
I. Authorization and Execution of Contract.
The corporation shall not execute a contract for a major procurement unless the
board reviews and approves the contract. The board may authorize execution of
the contract in a form substantially similar to the form presented to the board
for review or approval.
J.
Preservation of Integrity of Procurement. In order to preserve the honesty,
fairness and competitiveness of the procurement process, the following
restrictions on dissemination of information shall apply, and noncompliance
with any of them shall constitute a violation of the rules of conduct of the
corporation:
1. prior to board consideration
of final proposal, directors, officers and employees of the corporation shall
not disclose or discuss with any person not employed by the corporation or its
consultants, the contents of a proposal or a communication, regarding a
proposal, to or with, a potential contractor unless otherwise authorized by the
board;
2. directors, officers and
employees of the corporation shall not disclose to any potential contractor any
information proprietary to the corporation and pertinent to the procurement for
which the potential contractor may submit a proposal.
K. Emergency or Special Procurement
1. Notwithstanding any other provision of
these policies and rules to the contrary, the corporation may make any class of
procurement, including major procurement, without complying strictly with the
procedures stated in this Section if, to the best of the board's knowledge, any
of the following special or emergency circumstances then exist and these
circumstances do not reasonably allow compliance with the procurement
procedures otherwise required by this Chapter:
a. a threat to public health, welfare or
safety or the integrity or operation of the corporation;
b. a unique, non-recurring opportunity to
obtain goods or services at a substantial cost savings;
c. a sponsorship arrangement permitting the
corporation to acquire goods or services at a reduced cost or
cost-free;
d. the structure of the
applicable market does not permit the corporation to procure the goods or
services via a competitive bidding process;
e. the goods or services which meet the
corporation's reasonable requirements can be provided only by a single
business;
f. due to time
constraints not caused by the corporation, compliance with each of the policies
and rules stated in this Section would materially impair the financial
performance of the corporation; or
g. the corporation can not commence initial
operation without the required goods or services specifically including, but
not limited to, initial and temporary office space, office equipment,
telecommunications and duplication services, insurance coverage including
liability insurance and health insurance, office supplies, banking and
financial services, office assistance, consulting services, security services,
clerical services, and data processing.
2. An emergency or special procurement shall
be made only after the board, president, or procurement agent determines the
existence of any of the emergency special circumstances and states the reasons
for the determination in a report delivered to the board. It must be made in
compliance with as many of the requirements of this Section as practicable
under the circumstances as determined by the board or the president. The board
may, by affirmative action prior to the completion of the emergency and special
procurement, reverse the president's determination and direct the corporation
not to make the emergency or special procurement.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 4:601 et
seq.
