§ 39:197 — Definitions

Louisiana § 39:197

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§197. Definitions
For the purposes of this Part, the following words and phrases shall be defined as
follows:
(1) "Agency" shall have the same meaning ascribed to it as provided in R.S. 36:3(1).
(2) "Competitive sealed bidding" means a method of procurement which strictly
follows the requirements set forth in Chapter 17 of Title 39 of the Louisiana Revised Statutes
of 1950 except for such variations as are specifically established herein.
(3) "Consulting service" shall have the same meaning as provided in R.S. 39:1556.
(4) "Direct order contract" means a contract which covers a specific class of
information technology equipment, software, or services, or a contract which covers a single,
specific class of information technology equipment, software, or services, and all features
associated with that class and through which state agencies may procure the item of hardware
specified by issuing a purchase order under the terms of the contract, without the necessity
of further competitive bidding.
(5) "Emergency acquisitions or rentals of information technology" means a method
of procurement utilized when there exists a threat to the public health, welfare, safety or
public property.
(6) "Financed lease" means a contract or lease of an information technology system
made pursuant to a solicitation for procurement, according to which:
(a) The successful proposer, as lessor, shall retain title to the information technology
system, although the using agency, as lessee, shall take possession of the system.
(b) Payments shall be made by the lessee according to a payment schedule to the
lessor.
(c) The lessor may transfer its designation as lessor to its choice of financial
institution; however, such transfer shall have no effect on the contracted payment schedule,
contracted interest rate, or any other right or obligation of either the lessee or lessor under
the contract.
(7) "Fiscal intermediary services" means an information technology system including
but not limited to electronic visit verification, third-party liability, financial management,
provider management system, care management, healthcare claims and encounter processing,
payment integrity, data warehousing, and pharmacy benefit management, that is used for
managing all or part of a Medicaid program.
(8) "Information technology service contract" means a contract for the procurement
of information technology services to include but not be limited to software as a service,
infrastructure as a service, platform as a service, application hosting services, or installation
and configuration services.
(9) "Information technology systems", which shall include information technology
equipment and related services, and "information technology services" are limited to the
equipment and services and means to provide:
(a) Server systems and services.
(b) Storage systems and services.
(c) Information technology security systems and services.
(d) Related peripheral systems and services.
(e) Software and software application services.
(f) Infrastructure and platform systems and services.
(g) Desktop computing systems and services.
(h) Geographic information systems and services.
(i) Mobile device systems and services.
(j) Any and all systems and services based on emerging and future information
technologies relating to Subparagraphs (a) through (i) of this Paragraph.
(10) "Information technology systems contract" means a contract for the procurement
of information technology systems including equipment and related services to include but
not be limited to installation and maintenance.
(11) "Information technology systems lease contract" means a contract between a
supplier of information technology systems and the division of administration, office of
technology services, or the procuring agency, through which information technology systems
may be procured for a term which shall not exceed ten years. The contract may be either an
operating lease, installment purchase, or a financed lease without a balloon payment.
(12) "Installment-payment contract" means a contract which amends and is
incorporated into a purchase contract and is utilized to finance with the vendor the purchase
of certain equipment, including but not limited to information technology, desktop
computers, server systems, storage systems, mobile computing systems, peripheral systems,
software, related services, and related supplies or a contract which itself alone is utilized to
procure such equipment from a contractor and provides therein for payment in a set of
installments over a fixed period of time. An installment payment contract shall arrange for
a method of financing with payment being made in a set of installment payments over a fixed
period of time in accordance with the provisions of the contract and shall provide for the
vendor to deliver title to the governmental body in accordance with such terms.
(13) "Invitation to negotiate" means a written or electronically posted solicitation for
competitive sealed replies to select one or more vendors with which to commence
negotiations for the procurement of information technology systems, information technology
services, software, professional services, or consulting services.
(14) "Master agreement" means an agreement between the state and a vendor which
specifies the general terms and conditions under which parties will routinely conduct
procurement business.
(15) "Multiyear contract" means contracts for a term of more than one year, not to
exceed ten years and includes contracts between a supplier of information technology
systems, information technology services, and software and the state or a state agency
through which information technology systems, information technology services, and
software, except for fiscal intermediary services, may be leased or purchased for a term of
more than one fiscal year, but the term shall not exceed sixty months.
(16) "Procurement" means the selling, buying, purchasing, renting, leasing, or
otherwise obtaining information technology systems, information technology services, or its
related software, as well as all activities engaged in, resulting in, or expected to result in the
selling, buying, purchasing, renting, leasing, or otherwise obtaining information technology
systems, information technology services, or its related software by the state or its agencies.
(17) "Professional service" shall have the same meaning as provided in R.S. 39:1556.
(18) "Purchase contract" means a contract that is utilized for the direct acquisition
of certain equipment, including but not limited to information technology, desktop
computers, server systems, storage systems, mobile computing systems, peripheral systems,
software, and related services. Such contract shall contain the terms and conditions pertinent
to the rights and obligations of both the state and the vendor. Any purchase by direct
acquisition under the terms of the purchase contract will require one single payment, and title
shall pass to the state upon the date of purchase as defined in the contract unless the purchase
contract is amended by an installment payment contract.
(19) "Related services" means and is limited to service activities affecting the
maintenance of information technology equipment or software and the providing of fiscal
intermediary services and shall also include those consulting services ancillary to the
procurement of information technology hardware or software that would otherwise be
governed by the provisions of professional, personal, consulting, and social services
procurement in Chapter 17 of Subtitle III of this Title. Except for consulting services
ancillary to the procurement of fiscal intermediary services by cooperative purchasing, such
consulting services contracts shall be limited to the lesser of twenty percent of the
procurement amount or two hundred fifty thousand dollars.
(20) "Rental contract" means and includes contracts between a supplier of
information technology equipment and the state, or a state agency, through which
information technology equipment may be leased for a term not to exceed one fiscal year,
such contracts to include the right of termination by the state upon notice of ninety days or
less, and to be renewable, upon review and recommendations of the procurement support
team and review and approval by the office of technology services, with such renewal to be
limited to one additional term not to exceed twelve months.
(21) "Software" means computer programs and documentation essential to and
necessary for an information technology system or information technology service to perform
productive operations.
(22) "Utility" means any information technology service provided by the office of
technology services and used in the essential operations of a state agency, such as system
authentication, data replication, and system utilization and performance management.
{{NOTE: See Acts 1985, No. 995, §3.}}

Legislative History

Acts 1981, No. 628, §1, eff. July 20, 1981. Amended by Acts 1982, No. 855, §1; Acts 1983, No. 478, §2, eff. July 6, 1983; Acts 1984, No. 754, §1, eff. July 13, 1984; Acts 1985, No. 995, §1, eff. July 23, 1985; Acts 2012, No. 185, §1; Acts 2014, No. 712, §2, eff. July 1, 2014; Acts 2021, No. 347, §1, eff. June 15, 2021; Acts 2024, No. 734, §2.