§ 39:199 — Methods of procurement

§199. Methods of procurement
A. The office of technology services, through the state procurement office, may
procure information technology systems and information technology services by a request
for proposals to conform with the following requirements:
(1) Public notice of the request for proposals shall be the same as for an invitation
to bid as provided in R.S. 39:1594(C).
(2)(a) The request for proposals shall indicate the relative importance of all
evaluation factors and shall clearly define the work, service, or solution to be provided under
the contract, the functional specifications, the criteria to be used in evaluating the proposals,
and the time frames within which the work must be completed or the service provided.
(b) For information systems lease contracts, the request for proposals shall require
that proposals contain a declaration as to the maximum price for which the system may be
purchased following the termination of the lease contract. No other basis of evaluation shall
be used except that set out in the request for proposals.
(3) The office of technology services shall evaluate all proposals to determine the
proposal most advantageous to the state, taking into consideration all evaluation criteria set
forth in the request for proposals, and shall make a recommendation of award to the state
procurement office.
(4) The office of technology services may request that the state procurement office
reject all proposals when it is deemed that such action is in the best interest of the state.
B. The office of technology services may procure information technology systems
and information technology services in accordance with the law or regulations, or both,
which govern the state procurement office, the division of administration.
C. Method for procuring maintenance services. Notwithstanding any other
provisions of this Part, any agency may procure maintenance services for information
technology equipment without the need for competitive bidding. Such procurement must
have the written advance approval of the office of state procurement and shall not be for a
price greater than the vendor's published price.
D. Method for procuring software and software maintenance and support services.
(1) Notwithstanding any other provisions of this Part, any agency may procure data
processing software, software maintenance, and support services without the need for
competitive bidding. Such procurement must have the written advance approval of the office
of state procurement and shall not be for a price greater than the vendor's published price.
(2) Additionally, any agency seeking to procure a new contract, a contract extension
of an existing contract, or any other contract modification for software, software
maintenance, and support services shall show evidence that the price received or negotiated
is the lowest available price by exhibiting prices that may appear in a catalog, price list,
schedule, on the Internet, or other form that:
(a) Is regularly maintained by a vendor or other contractor.
(b) Is either published or otherwise available for inspection by customers.
(c) Is available through inquiries with other states or local governments using similar
products and services.
(d) Is available through statements of prices on the Internet and is currently or was
last made to a significant number of buyers constituting the general buying public for the
software or services involved.
(3) In the event that the lowest available price can not be obtained in the form or
source as specified in Paragraph (2) of this Subsection, the agency seeking to procure a new
contract, a contract extension of an existing contract, or any other contract modification for
software, software maintenance, and support services shall require the vendor to certify in
writing that the price received is the lowest price available to other states or local
governments for similar products and services at the time the quote is submitted.
(4) The procurement support team shall develop and deliver to the office of state
procurement and the office of technology services proposed rules establishing guidelines for
procurement activities under this Part. Upon approval of the office of technology services,
the office of state procurement shall promulgate rules in accordance with the Administrative
Procedure Act.
E. Method for procuring information technology equipment, software, and
maintenance services for public colleges and universities. Notwithstanding any other
provisions of this Part, any public college or university may procure, through its purchasing
officer, information technology equipment, software, and maintenance services without the
advance approval of the office of state procurement when a single expenditure for such
materials or combined materials and services does not exceed one hundred fifty thousand
dollars.
F.(1) The commissioner of administration shall for each fiscal year designate a goal
for awarding to small businesses a portion of anticipated total state procurement of
information technology equipment and software. For purposes of this Subsection, "small
businesses" shall be defined as an employer with fifty or fewer employees. The
commissioner may divide the procurements so designated into contract award units of
economically feasible production runs in order to facilitate offers or bids from small
businesses. In making his annual designation of goals for small business procurements, the
commissioner shall attempt to vary the included procurements so that a variety of
information technology equipment and software produced by different small businesses shall
be a goal each year. The failure of the commissioner to establish a goal for particular
procurements shall not be deemed to prohibit or discourage small businesses from seeking
the procurement award through the normal solicitation and bidding processes. The
commissioner of administration shall report to the Joint Legislative Committee on the Budget
and to the House Committee on Commerce and the Senate Committee on Commerce,
Consumer Protection, and International Affairs on the program established in this Subsection
each year prior to the submission of the executive budget. Such report shall include the goals
and awards from the previous year, a list of unsuccessful awards as described in Paragraph
(4) of this Subsection, and the goals for the upcoming year.
(2) Contract procedure. The commissioner shall establish a contract procedure in
accordance with law, for the awarding of a procurement contract under the goals established
in this Subsection. Surety bonds guaranteed by the United States Small Business
Administration shall be acceptable security for an award under this Subsection.
(3) Responsibility of bidder or offeror. Before making a goal award, the
commissioner shall evaluate whether the small business scheduled to receive the award is
able to perform the set-aside contract. This determination shall include consideration of
production and financial capacity and technical competence.
(4) Award of contracts after unsuccessful goal procedures. In the event that the
provisions of this Subsection do not operate to extend a contract award to a small business,
the award shall be placed pursuant to the existing solicitation and award provisions
established by law. The commissioner shall thereupon designate a goal for small businesses'
additional state procurements of information technology equipment and software
corresponding in approximate value to the contract unable to be awarded pursuant to the
provisions of this Subsection.
(5) Conflict with other code provisions. All laws and rules pertaining to
solicitations, bid evaluations, contract awards, and other procurement matters not
inconsistent with the provisions of this Subsection shall apply to procurements set-aside for
small businesses. In the event of conflict with other rules, the provisions of this Subsection
shall govern.

Legislative History

Acts 1981, No. 628, §1, eff. July 20, 1981; Acts 1983, No. 478, §2, eff. July 6, 1983; Acts 1985, No. 698, §1; Acts 2001, No. 772, §3, eff. July 1, 2001; Acts 2006, No. 513, §1; Acts 2014, No. 708, §1, eff. July 1, 2014; Acts 2014, No. 712, §2, eff. July 1, 2014; Acts 2014, No. 864, §§4 and 5; Acts 2020, No. 273, §2, eff. June 11, 2020.