§ 39:1595 — Competitive sealed proposals

Louisiana § 39:1595

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§1595. Competitive sealed proposals
A.(1) Notwithstanding any other provision of this Section to the contrary, with the
written determination by the state chief procurement officer that the best interests of the state
would be served, a competitive request for proposals process as provided in this Subsection
may be used in the following circumstances:
(a) For the procurement of supplies, services, or major repairs, including but not
limited to the procurement of high technology acquisitions or of complex services.
(b) Through a contract with a group purchasing organization, for the procurement
of medical and laboratory supplies and medical equipment required for the purpose of
diagnosis or direct treatment of a patient by a health care provider in a hospital or clinical
setting, provided the commissioner determines the total cost to be less than the state
procurement prices and in the best interest of the state.
(c) The written determination requirement of this Paragraph shall not apply to a
request for proposals for professional, personal, consulting, or social services.
(2) For a contract to be let under the provisions of this Subsection, the agency shall
give adequate public notice of the request for proposals by advertising through a centralized
electronic interactive environment administered by the division of administration and on the
electronic website accepting the electronic bids as provided in this Section at least thirty days
before the last day that proposals will be accepted. The agency may also advertise in the
official journal of the state. In addition, the agency shall provide written or electronic notice
to persons, firms, or corporations who are known to be in a position to furnish the required
services at least thirty days before the last day that proposals will be accepted. The agency
shall also notify the Board of Regents of the request for proposals at least thirty days before
the last day that proposals will be accepted.
B. Requests for proposals.
(1) For consulting service contracts with a total maximum compensation of one
hundred fifty thousand dollars or more, except for such contracts entered into by the
Department of Transportation and Development, adequate public notice of the request for
proposals shall be given by advertising through a centralized electronic interactive
environment administered by the division of administration and on the electronic website
accepting the electronic bids as provided in this Section. The agency may also advertise in
the official journal of the state and in one or more newspapers of general circulation in the
state. The electronic advertisement shall appear at least thirty days before the last day that
proposals will be accepted. When available, advertisements may be placed in those national
trade journals which serve the particular type of contractor desired. In addition, written or
electronic notice shall be provided to persons, firms, or corporations who are known to be
in a position to furnish such services, at least thirty days before the last day that proposals
will be accepted. The agency shall also notify the Board of Regents of the request for
proposals at least thirty days before the last day that proposals will be accepted.
(2) For social service contracts not qualifying under R.S. 39:1619(B), adequate
public notice of the request for proposals shall be given by advertising through a centralized
electronic interactive environment administered by the division of administration and on the
electronic website accepting the electronic bids as provided in this Section. The agency may
also advertise in the official journal of the state, in the official journal of the parish in which
the services are to be performed and such other newspapers, bulletins, or other media as are
appropriate in the circumstances. In all cases, the electronic advertisement shall appear at
least fourteen days before the last day that the proposals will be accepted. In addition,
written or electronic notice shall be provided to persons, firms, or corporations who are
known to be in a position to furnish such services, at least fourteen days before the last day
that proposals will be accepted. This last requirement is subject to reasonable limitation at
the discretion of the using agency. The agency shall also notify the Board of Regents of the
request for proposals at least fourteen days before the last day that proposals will be
accepted.
(3) For consulting service contracts entered into by the Department of Transportation
and Development with a total maximum compensation of one hundred fifty thousand dollars
or more, adequate public notice of the request for proposals shall be given by advertising
through a centralized electronic interactive environment administered by the division of
administration and on the electronic website accepting the electronic bids as provided in this
Section. The agency may also advertise in the official journal of the state. The first notice
or advertisement shall appear at least fifteen days before the last day that proposals will be
accepted. In addition, written or electronic notice shall be provided to persons, firms, or
corporations who are known to be in a position to furnish such services, at least fifteen days
prior to the last day that proposals will be accepted. The agency shall also notify the Board
of Regents of the request for proposals at least fifteen days before the last day that proposals
will be accepted.
(4) All requests for proposals shall be advertised through a centralized electronic
interactive environment administered by the division of administration and on the electronic
website accepting the electronic bids as provided in this Section. The electronic
advertisement required by this Section shall contain the name and address of the using
agency and shall establish the specific date, time, and place by which the request for
proposals must be received.
(5) The requests for proposals shall indicate the relative importance of price and
other evaluation factors, the criteria to be used in evaluating the proposals, and the
timeframes within which the work must be completed, if applicable.
(6)(a) Proposals shall be submitted in writing in accordance with the requirements
set forth in the request for proposals or electronically through a uniform and secure electronic
interactive environment.
(b) Public entities shall provide a uniform and secure electronic interactive system
for the submission of competitive sealed proposals as provided for in this Section. Any
public entity providing a secure electronic interactive system shall follow the standards for
the receipt of electronic bids adopted by the office of the governor, division of
administration, and the office of information technology as provided for in LAC 4:XV.701.
Any special condition or requirement for the submission shall be specified in the
advertisement of the request for proposals required by this Section.
(c) The requirements of Subparagraph (b) of this Paragraph shall not apply to the
following public entities:
(i) Public entities that are currently without high-speed internet access, until high-speed internet access becomes available.
(ii) Any parish with a police jury form of government and a population of less than
twenty thousand.
(iii) Any city or municipality with a population of less than ten thousand.
(iv) Any public entity that is unable to comply with the electronic proposal
submission provisions of this Subsection without securing and expending additional funding.
(7) Written or oral discussions shall be conducted with all responsible proposers who
submit proposals determined in writing to be reasonably susceptible of being selected for
award. The state shall not disclose any information derived from proposals submitted by
competing proposers until after the contract is awarded. Discussions need not be conducted:
(a) If prices are fixed by law or regulation, except that consideration shall be given
to competitive terms and conditions.
(b) If time of delivery or performance will not permit discussions.
(c) If it can be clearly demonstrated and documented from the existence of adequate
competition or accurate prior cost experience with the particular service that acceptance of
an initial offer without discussion would result in fair and reasonable prices, and the request
for proposals notifies all proposers of the possibility that award may be made on the basis
of the initial offers.
(8) Modification or withdrawal of proposals. Proposals may be modified or
withdrawn at any time prior to the conclusion of discussions.
(9) Negotiation and award of contract. The using agency shall negotiate a contract
with the responsible proposer whose proposal is determined in writing by the using agency
to be the most advantageous to the state, taking into consideration review of price and the
evaluation factors set forth in the request for proposals.
(10) Elements of negotiation. Contract negotiations shall be directed toward:
(a) Making certain that the proposer has a clear understanding of the scope of the
work, services, or supplies, specifically, the essential requirements involved in providing the
required work, services, or supplies.
(b) Determining that the proposer will make available the necessary personnel and
facilities to perform the services within the required time.
(c) Agreeing upon compensation which is fair and reasonable, taking into account
the estimated value of the required work, services, or supplies, and the scope, complexity,
and nature of such work, services, or supplies.
(11) Successful negotiation of contract with most advantageous proposer. If
compensation, contract requirements, and contract documents can be agreed upon with the
most advantageous proposer, the contract shall be awarded to that proposer. Each contract
entered into pursuant to this Subsection shall contain at a minimum:
(a) The commencement date which is at least fourteen days after the notice of award
is issued.
(b) A description of the work to be performed or objectives to be met, when
applicable.
(c) The amount and time of payments to be made.
(d) A description of reports or other deliverables to be received, when applicable.
(e) The date of reports or other deliverables to be received, when applicable.
(f) Responsibility for payment of taxes, when applicable.
(g) Circumstances under which the contract can be terminated either with or without
cause.
(h) Remedies for default.
(i) A statement giving the legislative auditor the authority to audit records of the
individual or firm.
(j) Performance measurements.
(k) A monitoring plan.
(12)(a) Upon entering into a contract, the using agency shall have full responsibility
for the diligent administration and monitoring of the contract. The state chief procurement
officer may require the using agency to report at any time on the status of any such
outstanding contracts to which the using agency is a party. After completion of performance
under a contract, the using agency shall evaluate the contract performance and the utility of
the final product. This evaluation shall be delivered to the state chief procurement officer,
or his designee, or the director of purchasing at a college or university, as applicable, within
one hundred twenty days after completion of performance and shall be retained in the official
contract file.
(b)(i) No contract shall be valid, nor shall the state be bound by the contract, until
it has first been executed by the head of the using agency, or his designee, on behalf of the
using agency, which is a party to the contract and the contractor and has been approved in
writing by the state chief procurement officer, or his designee, or the director of purchasing
at a college or university, as applicable.
(ii) The head of the using agency may delegate authority to one or more of his
subordinates to sign contracts on behalf of the using agency in accordance with and subject
to regulations of the commissioner and shall be subject to the approval of the state chief
procurement officer.
(iii) Upon approval of the contract by the state chief procurement officer, or his
designee, the office of state procurement shall send written notice of the award to the
contractor and a copy of such notice to all other proposers.
(13) Failure to negotiate contract with most advantageous proposer.
(a) If compensation, contract requirements, or contract documents cannot be agreed
upon with the most advantageous proposer, a written record stating the reasons therefor shall
be placed in the contract file. The office of state procurement shall advise such proposer of
the termination of negotiations and confirm the termination by written notice within three
business days.
(b) Upon failure to negotiate a contract with the most advantageous proposer, the
using agency may enter into negotiations with the next most advantageous proposer. If
compensation, contract requirements, and contract documents can be agreed upon, then the
contract shall be awarded to that proposer. If negotiations again fail, negotiations shall be
terminated as provided in Subparagraph (a) of this Paragraph and commenced with the next
most advantageous proposer.
(c) If the using agency is unable to negotiate a contract with any of the proposers
initially selected as the most advantageous to the state, additional proposers may be selected
based on original, acceptable submissions in the order of their respective evaluation score
and negotiations may continue in accordance with this Paragraph until an agreement is
reached and a contract awarded.
(14) A request for proposals or other solicitation may be cancelled or all proposals
may be rejected if it is determined, based on reasons provided in writing, that such action is
taken in the best interest of the state. A copy of the determination shall be maintained in the
contract file.
(15) Requests for proposals shall not be required for "interagency contracts" as
defined in R.S. 39:1556.
(16) Notwithstanding the provisions of this Chapter, all relevant federal statutes and
regulations shall be followed by the using agency in procuring services. The burden of
complying with these federal statutes and regulations shall rest with the using agency and
shall be documented in the contract record submitted to the office of state procurement.

Legislative History

Added by Acts 1981, No. 157, §2; Acts 1981, No. 851, §2; Acts 1985, No. 693, §1; Acts 1985, No. 880, §3, eff. July 23, 1985; Acts 1987, No. 778, §2; Acts 1990, No. 449, §2, eff. July 18, 1990; Acts 1993, No. 1032, §2, eff. July 1, 1993; Acts 1995, No. 1312, §1; Acts 1999, No. 1284, §2; Acts 2000, 1st Ex. Sess., No. 123, §§2, 4, eff. July 1, 2000; Acts 2001, No. 644, §2; Acts 2001, No. 693, §2, eff. July 1, 2001; Acts 2003, No. 744, §2, eff. June 27, 2003; Acts 2003, No. 1175, §2, eff. July 3, 2003; Acts 2014, No. 575, §2, eff. June 19, 2014; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2015, No. 244, §1, eff. June 29, 2015; Acts 2015, No. 395, §1, eff. Sept. 1, 2015; Acts 2016, No. 420, §1; Acts 2025, No. 5, §1, eff. June 11, 2025.