§ 39:1960 — Criteria for bid specifications; goods and services

NOTE: This provision of law was included in the Unconstitutional Statutes
Biennial Report to the Legislature, dated March 14, 2016 .
§1960. Criteria for bid specifications; goods and services
A.(l) When the award of a contract for the purchase of goods or
services has been set aside for enterprise participation, the award shall be made
to an enterprise on the basis of competitive bidding under the Louisiana
Procurement Code, R.S. 39:1551 et seq.
(2) For contracts designated for minority business enterprise
participation, when the division confirms that there are less than three
minority-owned businesses or less than three minority-owned businesses that
may be certified in the state of Louisiana as minority business enterprises for
any procurement under this Chapter, the award shall be made to a
minority-owned business certified under the provisions of this Chapter when
the price bid by such business is within the lower of ten percent or ten
thousand dollars of the otherwise lowest responsive and responsible bidder, if
the minority-owned business agrees to provide the goods or services for which
bids were solicited at the price bid by the otherwise lowest responsive and
responsible bidder.
B. If there is no certified enterprise whose bid is within the range
established under Subsection A of this Section, the award shall go to the
lowest responsive and responsible bidder whose bid meets the requirements
and criteria set forth in the invitation for bids without regard to minority status.
C. The state agency or educational institution actually making the
award may reject all bids if it is determined, based upon reasons provided in
writing, that such action is clearly in the best interest of the state.

Legislative History

Acts 1984, No. 653, §1, eff. July 1, 1984; Acts 1992, No. 797, §2, eff. July 1, 1992.