§ 39:196 — Application of Part: responsibility for determining; state chief information officer

§196. Application of Part: responsibility for determining; state chief information officer
A. The provisions of this Part shall be applicable to all state agencies in the executive
branch, as defined in R.S. 36:3(1), except for any agency of a statewide elected official, with
respect to the purchase, lease, and rental of all information technology equipment, related
services, and software.
B. The office of technology services shall, subject to the provisions of this Part, have
sole authority and responsibility for defining the specific information technology systems and
information technology services to which the provisions of this Part shall be applicable.
Rules and regulations shall be promulgated as may be necessary to carry out the provisions
of this Part.
C.(1) Notwithstanding any other provision of law of this Part or any other law to the
contrary, any public postsecondary education institution seeking to utilize its own group
purchasing and cooperative purchasing procurement provisions shall submit a request for and
obtain approval of its management board and the Board of Regents.
(2)(a) The requesting public postsecondary education institution shall adopt its own
group purchasing and cooperative purchasing procurement provisions pursuant to rules and
regulations in accordance with the Administrative Procedure Act. Notwithstanding the
provisions of R.S. 49:966(B)(19), the rules and regulations promulgated pursuant to this
Subsection shall be submitted to the Senate Committee on Finance and the House Committee
on Appropriations for review.
(b) Such rules shall include provisions for adequate public notice in the procurement
process.
(3) Authority of an institution to participate in its own group purchasing and
cooperative purchasing procurement provisions shall be for an initial term of three years.
After the initial term, the institution may be authorized to participate in its own procurement
provisions under this Section for an additional term of five years upon approval of the Joint
Legislative Committee on the Budget.
(4) A report of all group purchasing or cooperative purchasing contracts by each
institution authorized under these provisions shall be provided to the Joint Legislative
Committee on the Budget no later than ninety days after the end of each fiscal year. Such
report shall, at a minimum, include a measurement of the savings derived from the utilization
of the group purchasing or cooperative purchasing process.
D. Notwithstanding any other provision of law to the contrary, the purchase, lease,
and rental of all information technology equipment, related services, and software by
Louisiana Economic Development shall be exempt from this Part, and the oversight and
procurement authority of the chief information officer and office of technology services
provided for in R.S. 39:15.1 et seq., except Louisiana Economic Development shall be
required to continue as a LaGov agency for use of the enterprise resource planning.
Louisiana Economic Development shall develop rules and regulations for the purposes
adopted in this Subsection in accordance with the Administrative Procedure Act. Louisiana
Economic Development and the office of technology services shall establish a transition plan
that shall be completed by June 30, 2025. The actions taken pursuant to this Subsection shall
be subject to the approval of the commissioner of administration before they are sent to
committees required for review of agency rules in R.S. 49:966(B)(1).

Legislative History

Acts 1983, No. 478, §2, eff. July 6, 1983; Acts 2001, No. 772, §6, eff. July 1, 2001; Acts 2014, No. 700, §1, eff. July 1, 2014; Acts 2014, No. 712, §2, eff. July 1, 2014; Acts 2024, No. 590, §2, eff. June 11, 2024.