§ 39:200 — General provisions

Louisiana § 39:200

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§200. General provisions
The following general provisions shall apply to all procurements under this Part:
A. Used equipment. Used information technology equipment is defined to include
all equipment which cannot be certified as new by the vendor. Used equipment may be
acquired through rental or purchase when the vendor or manufacturer certify that:
(1) The equipment has been properly maintained and used.
(2) Maintenance acceptable to the state is available by contract at a cost which shall
not increase the total cost to the state to that level which would exist should the state acquire
the same equipment new.
(3) The equipment is warranted by the manufacturer or vendor under the same terms
and conditions as those offered by the manufacturer for that equipment when new.
B. Purchase of equipment being leased or rented. Equipment being leased or rented
by a state agency may be purchased without the need for competitive sealed bidding. When
the contract under which the equipment is being leased or rented provides for any credit of
rental or lease payments toward purchase, the leasing or renting vendor shall be required to
deduct such credits from the purchase price. A written analysis of the contract must be made
by the using agency and filed with the state central purchasing agency. Such analysis shall
at a minimum include the current market value of the equipment, the total amount paid to the
vendor as lease or rental payments credited to the purchase price, the total time the
equipment was leased or rented, and the amount of and contractor for related prior and
subsequent contracts, including but not limited to maintenance contracts. Such purchases
shall have the written advance approval of the state central purchasing agency, and the
legislature shall have provided a specific appropriation for such purchase.
C. Disposition of information technology equipment no longer required by state
agencies. The state central purchasing agency shall have the authority to dispose of
information technology equipment no longer required by a state agency in accordance with
regulations which shall be developed and published by the state central purchasing agency.
Such dispositions may be through trade-in, assignment to another state agency, or sale.
Dispositions other than by assignment to another agency shall be on a competitive basis.
D. Effective date of contracts. Any contracts entered into under the provisions of
this Part may have an effective starting date at any point during a fiscal year. No contract
entered into hereunder shall have an initial effective date earlier than the date on which such
contract receives the final statutorily required approval. However, with the approval of the
state central purchasing agency, a state agency shall make payments to a vendor in those
circumstances where it has utilized the information technology equipment to be contracted
prior to the actual receipt of the final statutorily required approval. The state central
purchasing agency shall determine the size of the payments in accordance with the number
of such days of utilization.
E. Contract amendments. All changes, modifications, and amendments to any
contract hereunder shall be approved in advance by the state central purchasing agency, in
addition to any other statutorily required approvals. This Subsection shall not apply to
contracts for maintenance or software, but amendments to such contracts may not increase
the rates specified in such contracts to a figure greater than the vendor's published standard
rates.
F. Contract form. No contracts entered into hereunder shall be on preprinted contract
forms supplied by a vendor, unless otherwise approved by the state chief procurement
officer.
G. Proposal or bid incorporated into contract. Where written proposals or bids are
submitted by vendors, the proposal or bid of the successful vendor shall be incorporated into
the final contract consummated with that vendor.
H. Letters of intent. Letters of intent may be issued by an agency to a vendor solely
for the purpose of obtaining a delivery schedule with that vendor. All such letters must be
clearly identified as such, and must be filed on issuance with the office of technology
services and the attorney general.
I. Repealed by Acts 2024, No. 734, §3.
J. Contract specifications. (1) A specification may be drafted which describes a
product which is proprietary to one company only when no other kind of specification is
reasonably available for the state to describe its requirements; or where there is a requirement
for specifying a particular design or make of product due to factors of compatibility,
standardization, or maintainability; and, when such specification includes language which
specifically permits an equivalent to be supplied. Such specification shall include a
description of the essential characteristics of the product.
(2) Whenever proprietary specifications are used, the specifications shall clearly state
that the proprietary characteristics are used only to denote the quality standard of the
equipment desired and that such specifications do not restrict vendors to the specific brand,
make, or manufacture; that they are used only to set forth and convey to prospective bidders
the general style, type, character, and quality of equipment desired; and that equivalents will
be acceptable.
(3) The specifications in an invitation for bids shall contain a list of the factors to be
considered in evaluating the responses to the invitation, and any weights assigned to those
factors. No other basis of evaluation shall be used with respect to bids received. When
relevant, the following factors shall be included in the specifications: cost of transportation,
installation, and conversion of operations; taxes; or cost of conversion to different equipment
architecture.
K. The provisions of this Part shall, with respect to the procurement of information
technology systems or information technology services, supersede specifications of any
contradictory or conflicting provisions of the following statutes: R.S. 38:2211 et seq. with
respect to awarding of public contracts and R.S. 39:1551 through 1736, but all other
provisions in Chapter 17 of Title 39 apply to all procurements under this Part. The
provisions of this Part do not relate to the procurement of services covered by R.S. 39:1481
through 1526 except as provided in R.S. 39:198. The Louisiana Lease of Movables Act, R.S.
9:3301 through 3342, shall not apply to the provisions of this Part.
L. In addition to specific authorizations contained in this Part, and pursuant to R.S.
39:15.2(C), the state chief information officer, with the approval of the commissioner of
administration or his designee, shall have the power and authority to make necessary and
reasonable regulations and orders to carry out the provisions of this Part in accordance with
the provisions of the Administrative Procedure Act.
M. The provisions of R.S. 39:1753.1 shall apply to all procurements of
telecommunications or video surveillance equipment or services pursuant to this Part.

Legislative History

Acts 1981, No. 628, §1, eff. July 20, 1981. Amended by Acts 1982, No. 855, §3; Acts 1983, No. 478, §2, eff. July 6, 1983; Acts 1984, No. 754, §3, eff. July 13, 1984; Acts 1987, No. 442, §1; Acts 2010, No. 868, §2, eff. July 1, 2010; Acts 2011, No. 343, §5; Acts 2012, No. 185, §1; Acts 2014, No. 712, §2, eff. July 1, 2014; Acts 2020, No. 273, §2, eff. June 11, 2020; Acts 2021, No. 288, §2; Acts 2024, No. 734, §3.