§ 39:1581 — State procurement regulations

Louisiana § 39:1581

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§1581. State procurement regulations
A. Regulations. Regulations promulgated by the commissioner in accordance with
the Administrative Procedure Act shall govern all procurements by all governmental bodies
except for:
(1) Regulations promulgated by the secretary of the Department of Transportation
and Development governing procurement by that department, for procurement of materials
and supplies that will become a component part of any road, highway, bridge, or
appurtenance thereto.
(2) Regulations promulgated by the State Superintendent of Education governing the
procurement of textbooks, scientific and laboratory equipment, teaching materials, teaching
devices, and teaching supplies by the Department of Education.
B. Exempted departments. Secretaries of departments exempted under Subsection
A of this Section shall promulgate regulations for the purposes set forth in accordance with
the Administrative Procedure Act. Such regulations shall not be inconsistent with the
provisions of this Chapter.
C. Delegation of power to promulgate regulations. The secretary shall not delegate
his power to promulgate regulations. The commissioner may delegate his power to
promulgate regulations to the state chief procurement officer.
D. Regulations shall not change existing contract rights. No regulation shall change
any commitment, right, or obligation of the state or of a contractor under a contract in
existence on the effective date of such regulation.
E. Incorporation of required clauses into contracts by operation of law only with
consent of both parties. No clause which is required by regulation to be included shall be
considered to be incorporated by operation of law in any state contract without the consent
of both parties to the contract to such incorporation; provided, however, that the parties to
the contract may give such consent to incorporation by reference at any time after the
contract has been entered into and without the necessity of consideration passing to either
party.

Legislative History

Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Amended by Acts 1986, No. 383, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.