§ 39:1567 — Reporting requirements

Louisiana § 39:1567

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§1567. Reporting requirements
A. The state chief procurement officer shall prepare any reports that the
commissioner of administration may deem necessary and shall deliver such reports to such
recipients as the commissioner may designate. As provided in R.S. 44:1 et seq., such reports
shall be available to the public upon request. However, nothing in this Section shall require
any policy or management board of public higher education or any institution under their
jurisdiction to prepare or submit a monthly report on items purchased from state contracts
or on contract item usage to the state chief procurement officer. The quarterly report listing
purchases for under five thousand dollars and the annual report for purchases above five
thousand dollars on all items purchased from state contracts, shall be sufficient to meet the
requirements of this Section.
B.(1) The state chief procurement officer shall prepare such reports as he finds
necessary for the proper conduct of his duties, to include an annual report of all professional,
personal, consulting, social services, and other contracts over which the office of state
procurement has power and authority under the provisions of this Chapter or through
administrative rules and regulations. The annual report shall be compiled on a fiscal year
basis and consist, at a minimum, of summary descriptive and statistical data regarding the
number and amounts of such contracts by type of service. The annual report shall be
submitted to the president of the Senate and speaker of the House of Representatives not later
than January first of the year following the end of the fiscal year for which the report is
prepared.
(2)(a) The director shall prepare an annual report of all professional, personal,
consulting, and social services contracts awarded without the necessity of competitive
bidding or competitive negotiation under the provisions of this Chapter. The annual report
shall be compiled on a fiscal year basis by using agency and consist, at a minimum, of the
following information for each contract:
(i) The name of the contractor.
(ii) The type of contract awarded.
(iii) A descriptive summary of the contract.
(iv) The amount of the contract.
(v) The start and end dates of the contract.
(b) The annual report shall be submitted to the Joint Legislative Committee on the
Budget not later than January first of the year following the end of the fiscal year for which
the report is prepared.
(3) Information on all contracts and the information contained in the annual report
shall be published on the division of administration's website to provide maximum access
to the public and ease of use for searching information relative to the various contracts
reported.
(4) For purposes of Paragraph (3) of this Subsection, "information" shall include but
not be limited to the following:
(a)(i) If a legal entity, the official name and domicile address of the contracting entity
as reflected in documentation submitted to the secretary of state's office.
(ii) If a natural person, the full name and physical address of the contracting entity.
(b) If a legal entity, a complete and accurate listing of the owners of the contracting
entity, whether in title or beneficial, unless it is a publicly traded entity, and a complete and
accurate listing of the board of directors or equivalent governing body, if any, and officers,
if any, of the contracting entity.
(c) A statement regarding the percentage of minority, women, veteran, and
Louisiana-based ownership of the contracting entity, unless it is a publicly traded entity.
(d) A statement that all applicable federal, state, and payroll taxes owed by the
contracting entity have been paid and are current.
(e) If the contracting entity is a nonprofit organization, a statement that the
contracting entity has filed a current Form 990, as required by the Internal Revenue Code,
along with a copy of its most recent Form 990.
(f) A statement indicating the type or nature of the contract with the state agency,
including whether the contract was publicly bid, competitively bid, competitively negotiated,
or let through a noncompetitive process; the value of the contract; and the name of each state
agency which is or would be a party to the contract.
(g) The names and addresses of all agents, registered lobbyists, and other persons
lobbying, as "lobbying" is defined in R.S. 24:51 or R.S. 49:72, on behalf of the contracting
entity relative to a contract or potential contract with the state or an appropriation or grant.
C.(1) When for any reason collusion is suspected among any proposers, a written
report of the facts giving rise to such suspicion shall be transmitted to the state chief
procurement officer and the attorney general.
(2) All documents involved in any procurement in which collusion is suspected shall
be retained until the office of state procurement gives notice that they may be destroyed. All
retained documents shall be made available to the commissioner of administration or his
designee upon request.
D. The using agencies shall cooperate with the office of state procurement in the
preparation of statistical data concerning the acquisition, usage, and disposition of all
professional, personal, consulting, and social services, and may employ trained personnel,
as necessary, to carry out this function. All using agencies shall furnish such reports as the
office of state procurement may require concerning usage and needs, and the office of state
procurement shall have authority to prescribe forms to be used by the using agencies in the
reporting of professional, personal, consulting, and social services.
E. The state chief procurement officer shall submit a report at the end of each month
to the Joint Legislative Committee on the Budget summarizing each contract, including the
dollar value of each contract awarded that month over which the office of state procurement
has power and authority. The report shall also indicate if each contract is for discretionary
purposes or if it is for nondiscretionary purposes.
F.(1) The Contract Services Joint Legislative Task Force, hereinafter referred to as
the "task force", is hereby created to study, review, and make assessments on contracts as
further provided in this Subsection. The task force shall be composed of eight members of
the legislature; four members of the Senate, appointed by the president of the Senate and four
members of the House of Representatives, appointed by the speaker of the House of
Representatives.
(2) The task force is authorized to review all contracts with an annual contract
amount of fifty thousand dollars or more as provided by Chapter 17 of Subtitle III of Title
39 of the Louisiana Revised Statutes of 1950. The task force may review the processes by
which these contracts are negotiated, drafted, procured, and executed. Additionally, the task
force may study any other contracts determined to be relevant to the mission of the task
force.
(3) The president of the Senate shall appoint a senator to chair the first meeting until
officers can be elected from among the task force membership at the first meeting which
shall take place no later than thirty days after the effective date of this Subsection. A quorum
of the task force membership shall be required to conduct business.
(4) The task force shall not meet more than five calendar days in any fiscal year.
(5) Annually, the task force shall report to the president of the Senate, the speaker
of the House of Representatives, and the governor no later than sixty days before the regular
session regarding any recommendations relative to any specific contracts or contract
procedures that may require administrative action or may require legislative action.
(6) The provisions of this Subsection shall become void on June 30, 2020.
NOTE: Redesignated in part and amended by Acts 2014, No. 864, §2, eff.
Jan. 1, 2015.
NOTE: See Acts 2015, No. 87, §2, regarding effectiveness.

Legislative History

Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 1986, No. 103, §1; Acts 2014, No. 33, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2015, No. 87, §1, eff. July 1, 2015; Acts 2016, No. 589, §1, eff. July 1, 2016.