§1624. Approval of contract; penalties
A. Before approving a proposed contract for professional, personal, consulting, or
social services, the state chief procurement officer or an assistant shall have determined that:
(1)All provisions of R.S. 39:1623 have been complied with.
(2)The using agency has statutory authority to enter into the proposed contract.
(3)The contract will not establish an employer/employee relationship between the
state or the using agency and any prospective contractor.
(4)No current state employee will engage in the performance of the proposed
contract except as provided for in R.S. 39:1626.
(5)No using agency has previously performed or contracted for the performance of
tasks which would be substantially duplicated under the proposed contract without
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§1624. Approval of contract; penalties
A. Before approving a proposed contract for professional, personal, consulting, or
social services, the state chief procurement officer or an assistant shall have determined that:
(1) All provisions of R.S. 39:1623 have been complied with.
(2) The using agency has statutory authority to enter into the proposed contract.
(3) The contract will not establish an employer/employee relationship between the
state or the using agency and any prospective contractor.
(4) No current state employee will engage in the performance of the proposed
contract except as provided for in R.S. 39:1626.
(5) No using agency has previously performed or contracted for the performance of
tasks which would be substantially duplicated under the proposed contract without
appropriate written justification.
(6) There has been appropriated or otherwise lawfully made available and ready for
expenditure sufficient monies for payment of the services called for in the contract, at least
for the applicable fiscal year.
(7) The contracting using agency has specified the purpose, duration, specific goals
and objectives, measures of performance, and a plan for monitoring the services to be
provided under the contract.
(8) The using agency has a written plan for the monitoring of the contract and such
monitoring plan has been submitted in accordance with rules and regulations adopted by the
office of state procurement.
(9) The provisions of R.S. 12:25(E) have been complied with, if the contract is with
a business corporation, the provisions of R.S. 12:205(E) have been complied with, if the
contract is with a nonprofit corporation, or the provisions of R.S. 12:304(A)(11) have been
complied with, if the contract is with a foreign corporation.
(10) The prospective contractor is current in the filing of all applicable tax returns
and reports, and in payment of all taxes, interest, penalties, and fees owed to the state and
collected by the Department of Revenue in accordance with R.S. 47:1678.
B. Any corporation that fails to make complete disclosure of ownership, directors,
and officers as required by law shall be required, as a penalty, to refund any funds received
by that corporation from the state for the contract.