§ 39:1623 — Certification by using agency

§1623. Certification by using agency
A. Upon seeking approval to enter into a proposed professional, personal, consulting,
or social service contract valued in excess of five thousand dollars, an individual or
individuals specifically designated by the head of the using agency for such purpose shall
certify to the state chief procurement officer that:
(1) Either no employee of that agency is both competent and available to perform the
services called for by the proposed contract or the services called for are not the type readily
susceptible of being performed by persons who are employed by the state on a continuing
basis.
(2) The services are not available as a product of a prior or existing professional,
personal, consulting, or social service contract.
(3) The requirement for consultant and social services contracts, when applicable,
have been publicized pursuant to R.S. 39:1595(B).
(4) The using agency has developed and fully intends to implement a written plan
providing for:
(a) The assignment of specific using agency personnel to a monitoring and liaison
function.
(b) The periodic review of interim reports or other indicia of performance to date.
(c) The ultimate use of the final product of the services.
(5) The cost basis for the proposed contract.
(6) A description of the specific objectives or deliverables associated with the
proposed contract and the monitoring plan therefor.
(7) Methods to be used to measure and determine contract performance.
(8) The Board of Regents has been notified in accordance with R.S. 39:136 of
possible services called for that are the type readily susceptible of being performed by
persons who are employed by or students of a postsecondary institution of the state.
B. In addition to the certifications required in Subsection A herein, for any proposed
professional, personal, consulting, or social service contract that exceeds fifty thousand
dollars and has a term of more than six months, a cost-benefit analysis shall be conducted
which indicates that obtaining such services from the private sector is more cost-effective
than providing such services by the using agency itself or by an agreement with another state
agency, to include both a short-term and long-term analysis. The state chief procurement
officer shall promulgate, as necessary, rules and regulations relative to the form and content
of a cost-benefit analysis.

Legislative History

Added by Acts 1978, No. 772, §1. Amended by Acts 1982, No. 206, §1; Acts 1985, No. 673, §1; Acts 1997, No. 1424, §1, eff. July 15, 1997; Acts 2006, No. 592, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2015, No. 395, §1, eff. Sept. 1, 2015.