§1554. Application of this Chapter
A. General application. This Chapter applies only to contracts solicited or entered
into after the effective date of this Chapter unless the parties agree to its application to a
contract entered into prior to the effective date.
B. Application to state procurement. Unless otherwise exempted or excluded in this
Section, this Chapter shall apply to every expenditure of public funds irrespective of their
source, including federal assistance monies except as otherwise specified in Subsection F of
this Section, by this state, acting through a governmental body defined herein, under any
contract for supplies, services, major repairs, or personal, professional, consulting, or social
services, defined herein, except that this Chapter shall not apply to either grants or contracts
between the state and its political subdivisions or other governments, except as provided in
Part VII of this Chapter, Intergovernmental Relations. Notwithstanding any other provision
of this Chapter, the provisions of R.S. 38:2181 through 2318 shall govern the procurement
of construction and the selection of architects, engineers, and landscape architects by
governmental bodies of this state, and R.S. 38:2181 through 2318 shall not apply to any
procurement of supplies, services, or major repairs by the state.
C. Procurement by the governor. Notwithstanding any other provisions of this
Chapter, the governor shall procure all materials, supplies, equipment, and contractual
services required for the governor's mansion, the cafeteria operated in the state capitol, and
similar agencies. The procurement shall, insofar as practicable, be in accordance with the
provisions of this Chapter.
D. Exclusions. (1) This Chapter shall not be construed to change, affect, increase,
or relieve the requirements of:
(a) R.S. 42:261 through 264, regarding the retaining and employment of lawyers.
(b) Repealed by Acts 2019, No. 312, §5, eff. July 1, 2019.
(2) This Chapter shall not be applicable to the legislative and judicial branches of
state government or to any agency within the legislative branch of state government.
(3) The office for citizens with developmental disabilities in the Louisiana
Department of Health shall be exempt from the requirements of R.S. 39:1643 in order to
lease residential living options for persons with intellectual or developmental disabilites
without carrying out the competitive sealed bidding requirement of this Chapter.
(4) This Chapter shall not be applicable to any hospital owned or operated by the
state through the Louisiana Department of Health for the purchase of supplies, materials, and
equipment from a qualified group purchasing organization if the Louisiana Department of
Health, with the concurrence of the division of administration, has determined that the cost
is less than the state procurement prices, and that it is in the best interest of the state to
purchase the supplies, materials, and equipment from the qualified group purchasing
organization.
(5) This Chapter shall not be applicable to the purchase of any medical supplies or
medical equipment from a qualified group purchasing organization if the commissioner of
administration has determined that it is in the best interest of the state to purchase the
medical supply or medical equipment from the qualified group purchasing organization. An
annual report on the number, type, and volume of such procurements shall be made to the
commissioner of administration, the speaker of the House of Representatives, and the
president of the Senate.
(6) The provisions of this Chapter shall not be applicable to the State Bond
Commission in the solicitation of bids for printing of financial documents. However, the
State Bond Commission shall obtain a minimum of three written or telefaxed bids from
separate vendors which meet the criteria required by the State Bond Commission for printing
of financial documents.
(7) The provisions of this Chapter shall not be applicable to interinstitutional
agreements between co-owners of intellectual property when one co-owner is a Louisiana
regionally accredited college, technical school, or university.
(8) Contracts awarded by an agency for the benefit of an industry, payment of which
comes from self-generated funds received from that industry, are exempt from the
requirements of this Chapter provided that any such contract is awarded through a
competitive process.
E.(1) Political subdivisions authorized to adopt this Chapter. The procurement of
supplies, services, major repairs, and construction by political subdivisions of this state shall
be in accordance with the provisions of Chapter 10 of Title 38 of the Louisiana Revised
Statutes of 1950, except that all political subdivisions are authorized to adopt all or any part
of this Chapter and its accompanying regulations.
(2) Additionally, all political subdivisions which are not subject to this Chapter may
adopt the provisions of R.S. 39:1600(D) and its accompanying regulations.
F. Compliance with federal requirements. Where a procurement involves the
expenditure of federal assistance or contract funds, the procurement officer shall comply with
such federal law and authorized regulations which are mandatorily applicable and which are
not reflected in this Chapter.
G. Applicable to Department of Public Safety and Corrections. Because the prison
enterprise system operates under the constraints of an income statement, the secretary of the
Department of Public Safety and Corrections shall have the authority, notwithstanding any
other provisions of law, to purchase for that system used agricultural and industrial
equipment sold at public auction which shall result in savings to the correctional system,
according to the following terms and conditions:
(1) The used agricultural and industrial equipment shall be purchased by the
secretary within the price range set by the state chief procurement officer in his statement of
written approval for the purchase which must be obtained by the secretary prior to purchase.
(2) The secretary shall certify in writing to the state chief procurement officer all of
the following:
(a) The price for which the used equipment may be obtained.
(b) The plan for maintenance and repair of the equipment and the cost thereof.
(c) The savings that will accrue to the state because of the purchase of the used
equipment.
(d) The fact that following the procedures set out in the Louisiana Procurement Code
will result in the loss of the opportunity to purchase the equipment.
H. Exemption for inmate canteens and the employee commissary of the Louisiana
State Penitentiary. Whenever, for sound economic reasons and improved administrative
procedures, the secretary of the Department of Public Safety and Corrections certifies in
writing that it is not practical to comply with the provisions of this Chapter, the Department
of Public Safety and Corrections may procure the various items for resale to inmates at the
inmate canteens in state correctional facilities and the various items for resale to employees
of the department at the employee commissary of the Louisiana State Penitentiary, without
competitive sealed bidding as required in R.S. 39:1594 and without complying with the
requirements of R.S. 39:1597. Any procurement pursuant to this Subsection is exempt from
the provisions of R.S. 39:1611. Any contract entered into pursuant to this Subsection must
have prior written approval of the commissioner of administration, the Joint Legislative
Committee on the Budget, and the attorney general, who shall approve the contract only if
they determine in writing that it is in the best interest of the state to enter into the contract.
All such information shall be of public record.
I. Plasmapheresis programs. All plasmapheresis programs operated for and
participated in by inmates in correctional facilities under the jurisdiction of the Department
of Public Safety and Corrections, or its designees or assignees, such as private contractors
operating correctional facilities under contract with the department, shall operate only
pursuant to a contract entered into independent of any other contracts for prison management
or operation, and only pursuant to competitive sealed bids on an individual basis at each
penal institution and other facility in accordance with this Chapter. Contracts presently in
existence affecting all plasmapheresis programs on site and off site shall be excluded and
shall remain in effect for the duration of the contract.
J. This Chapter shall not apply to the following procurements:
(1)(a) Professional services for engineering design contracts, construction contracts,
or contracts for surveying pertaining to the maintenance and construction of roads and
bridges, flood control, integrated coastal protection, aviation, public transportation, or public
works entered into by the Department of Transportation and Development as provided in Part
XIII-A of Chapter 1 of Title 48 of the Louisiana Revised Statutes of 1950.
(b) Consulting service contracts with appraisers, foresters, economists, right-of-way
agents, title abstractors, asbestos abatement inspectors, negotiators, accountants, and cost
consultants relating to acquisition of rights-of-way for maintenance and construction projects
entered into by the Department of Transportation and Development.
(2) Grants or contracts or like business agreements between the state and its political
subdivisions or other governmental entities, or between higher education boards and
institutions under their jurisdiction, except this Chapter shall apply to interagency contracts
and to contracts or grants between the state and its political subdivisions to procure social
services.
K. This Chapter shall not apply or affect licensed insurance agents appointed as
agents of record on policies insuring any of the state's insurable interests. Nor shall it apply
to or affect insurance consultants and actuaries when used in lieu of agents of record, so long
as fees paid do not exceed the commission that would have been paid to the agents of record.
L. This Chapter shall not apply to those services performed by architects, engineers,
or landscape architects as provided for in R.S. 38:2310 through 2318, nor shall the provisions
of this Chapter affect or otherwise limit the duties, functions, and jurisdiction of the
Louisiana Architect Selection Board, the Louisiana Engineer Selection Board, or the
Louisiana Landscape Architect Selection Board.
M. This Chapter shall not apply to any contract or like business agreement to
purchase professional, personal, consulting, or contract services required or utilized by the
Louisiana Agricultural Finance Authority authorized under the provisions of Chapter 3-B of
Title 3 of the Louisiana Revised Statutes of 1950.
N.(1) This Chapter shall not apply to those personal, professional, or social services
provided to the clients of the Louisiana Department of Health, the Department of Children
and Family Services, the office of special education services within the Department of
Education, provided that the expense for these special education services is five thousand
dollars or less per child, corrections services within the Department of Public Safety and
Corrections, or the office of juvenile justice within the Department of Public Safety and
Corrections, in the following circumstances:
(a) When these services are accessed directly by clients through utilization of
medical vendor cards, with the clients arranging services with providers and providers then
billing the agency for payment.
(b) When clients of a particular program area are guaranteed freedom of choice in
selection of a provider of services.
(c) When personal and professional services are arranged on a case-by-case basis by
a worker as the need arises.
(d) When social services are arranged on a case-by-case basis from a social service
provider qualifying under R.S. 39:1619(B).
(e) When the using agency arranging social services on a case-by-case basis makes
no guarantee of specific sums of monthly or annual payment or referrals of clientele.
(2) If personal, professional, or social services are provided for the primary benefit
of a single using agency provided for in Paragraph (1) of this Subsection, and the agency
exhibits budgetary and programmatic control over the provider of the services, and the
deliverables of the services are intended solely for the benefit of the using agency, the
provisions of this Chapter shall apply.
(3) This Chapter shall not apply to the use of professional services of physicians who
provide consultative examinations regarding applicants for disability benefits under the
Social Security Act by the disability determinations services of the Department of Children
and Family Services.
(4) This Chapter shall not apply to the taking of Medicaid applications by certified
Medicaid enrollment centers for prospective Medicaid clients pursuant to an agreement with
the Louisiana Department of Health and in accordance with federal regulations.
O. This Chapter shall not apply to any contract or like business agreement to hire
professional, personal, consulting, or contract services required or utilized by the State
Market Commission under the provisions of Part I-D of Chapter 5 of Title 3 of the Louisiana
Revised Statutes of 1950.
P. This Chapter shall not apply to any contract for a court reporter or expert witness
utilized by a governmental body for the purpose of taking depositions, giving expert
testimony, or other related matters if such contract has a total amount of compensation of less
than five thousand dollars.
Q. This Chapter shall not apply to any contract for the procurement of individualized
agreements for persons with developmental disabilities by the Louisiana Department of
Health.
R.(1) This Chapter shall not apply to contracts of an institution of higher education
or other agency of higher education, hereinafter collectively referred to as "higher education
entity", to which the state chief procurement officer has delegated authority to procure
services with private grant funds or federal funds specifically provided for such purpose.
(2) Procurements conducted by a higher education entity operating under delegation
of authority as provided herein shall be made in accordance with all federal requirements
necessary for the receipt and use of such private grant or federal funds, particularly with
regard to competitive bidding requirements for procurement of research services. Further,
in making such procurements, such entity may also consider factors such as quality,
reliability, expected life span, and compatibility with existing equipment or research
protocols, as permitted under federal guidelines.
S. The provisions of this Chapter relative to group purchasing and cooperative
purchasing procurement shall not apply to any public postsecondary education institution if:
(1) The public postsecondary education institution has requested its own group
purchasing and cooperative purchasing procurement provisions and has been approved by
its management board and the Board of Regents.
(2)(a) The requesting public postsecondary education institution has adopted its own
group purchasing and cooperative purchasing procurement provisions pursuant to rules and
regulations adopted in accordance with the Administrative Procedure Act. Notwithstanding
the provisions of R.S. 49:966(B)(19), the rules and regulations promulgated pursuant to this
Subsection shall be submitted to the Senate Committee on Finance and the House Committee
on Appropriations for review.
(b) Such rules shall include provisions for adequate public notice in the procurement
process.
(3) Authority of an institution to participate in its own group purchasing and
cooperative purchasing procurement provisions shall be for an initial term of three years.
After the initial term, the institution may be authorized to participate in its own procurement
provisions under this Section for an additional term of five years upon approval of the Joint
Legislative Committee on the Budget.
(4) A report of all group purchasing or cooperative purchasing contracts by each
institution authorized under these provisions shall be provided to the Joint Legislative
Committee on the Budget no later than ninety days after the end of each fiscal year. Such
report shall, at a minimum, include a measurement of the savings derived from the utilization
of the group purchasing or cooperative purchasing process.
T. This Chapter shall not apply to Louisiana Economic Development; however,
Louisiana Economic Development shall be required to continue as a LaGov agency and shall
adopt procurement provisions pursuant to rules adopted in accordance with the
Administrative Procedure Act. The rules created by Louisiana Economic Development
pursuant to this Subsection shall be subject to the approval of the commissioner of
administration before they are sent to committees required for review of agency rules in R.S.
49:966(B)(1). In addition, the House Committee on Appropriations and the Senate
Committee on Finance shall also have authority for review of agency rules as provided in
R.S. 49:950 et seq.
U. This Chapter shall not apply to any contract entered into by the state Department
of Education for administration of the LA GATOR Scholarship Program or parts of the
program as provided in R.S. 17:4037.5.
NOTE: Redesignated in part and amended by Acts 2014, No. 864, §2, eff.
Jan. 1, 2015.
Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 1980, No. 524, §1, eff. July 23, 1980;
Acts 1982, No. 538, §2, eff. Aug. 1, 1983; Acts 1983, 1st Ex. Sess., No. 49, §1, eff. Jan. 19,
1983; Acts 1983, No. 306, §3; Acts 1983, No. 659, §3; Acts 1985, No. 673, §1; Acts 1985,
No. 788, §2, eff. July 22, 1985; Acts 1985, No. 897, §1, eff. July 23, 1985; Acts 1989, No.
313, §1, eff. June 27, 1989; Acts 1989, No. 596, §2; Acts 1990, No. 930, §1; Acts 1991, No.
821, §2; Acts 1993, No. 712, §3, eff. June 21, 1993; Acts 1993, No. 882, §1; Acts 1995, No.
831, §1; Acts 1997, No. 3, §4, eff. July 1, 1997; Acts 1999, No. 1164, §5; Acts 2007, No.
302, §1, eff. July 1, 2007; Acts 2010, No. 939, §6, eff. July 1, 2010; Acts 2011, No. 210, §2,
eff. July 1, 2011; Acts 2014, No. 700, §1, eff. July 1, 2014; Acts 2014, No. 811, §21, eff.
June 23, 2014; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2019, No. 312, §5, eff. July
1, 2019; Acts 2024, No. 1, §2, eff. July 1, 2024; Acts 2024, No. 590, §2, eff. June 11, 2024.