2011 Louisiana Laws
Revised Statutes
TITLE 39 — Public finance
RS 39:1482 — Application of the chapter

§1482. Application of the Chapter

A. Except as otherwise provided herein, this Chapter shall apply to every expenditure of public funds in excess of two thousand dollars by the executive branch of this state for professional, personal, consulting, and social services procurement. However, this Chapter shall not apply to the following procurements:

(1)(a) Professional services for engineering design contracts, construction contracts, or contracts for surveying pertaining to the maintenance and construction of roads and bridges, flood control, integrated coastal protection, aviation, public transportation, or public works entered into by the Department of Transportation and Development as provided in Part XIII-A of Chapter 1 of Title 48 of the Louisiana Revised Statutes of 1950.

(b) Consulting service contracts with appraisers, foresters, economists, right-of-way agents, title abstractors, asbestos abatement inspectors, negotiators, accountants, and cost consultants relating to acquisition of rights-of-way for maintenance and construction projects entered into by the Department of Transportation and Development.

(2) Grants or contracts or like business agreements between the state and its political subdivisions or other governmental entities, or between higher education boards and institutions under their jurisdiction, except this Chapter shall apply to interagency contracts as defined in R.S. 39:1490(C), and to contracts or grants between the state and its political subdivisions to procure social services.

B. This Chapter shall not apply or affect licensed insurance agents appointed as agents of record on policies insuring any of the state's insurable interests. Nor shall it apply to or affect insurance consultants and actuaries when used in lieu of agents of record, so long as fees paid do not exceed the commission that would have been paid to said agents of record.

C. This Chapter shall not apply to those services performed by architects, engineers, or landscape architects as provided for in L.S.A. 38:2310-38:2316, nor shall the provisions of this Chapter affect or otherwise limit the duties, functions, and jurisdiction of the Louisiana Architect Selection Board, the Louisiana Engineer Selection Board, or the Louisiana Landscape Architect Selection Board.

D. Repealed by Acts 2008, No. 62, §3, eff. June 5, 2008.

E. This Chapter shall not apply to any contract or like business agreement to purchase professional, personal, consulting, or contract services required or utilized by the Louisiana Agricultural Finance Authority authorized under the provisions of Chapter 3-B of Title 3 of the Louisiana Revised Statutes of 1950.

F.(1) This Chapter shall not apply to those personal, professional, or social services provided to the clients of the Department of Health and Hospitals, the Department of Children and Family Services, the office of special education services within the Department of Education, provided that the expense for these special education services is five thousand dollars or less per child, corrections services within the Department of Public Safety and Corrections, or the office of juvenile justice, Department of Public Safety and Corrections, in the following circumstances:

(a) When these services are accessed directly by clients through utilization of medical vendor cards, with the clients arranging services with providers and providers then billing the agency for payment.

(b) When clients of a particular program area are guaranteed freedom of choice in selection of a provider of services.

(c) When personal and professional services are arranged on a case-by-case basis by a worker as the need arises.

(d) When social services are arranged on a case-by-case basis from a social service provider qualifying under R.S. 39:1494.1(A).

(e) When the using agency arranging social services on a case-by-case basis makes no guarantee of specific sums of monthly or annual payment or referrals of clientele.

(2) If personal, professional, or social services are provided for the primary benefit of a single using agency provided for in R.S. 39:1482(F)(1), and said agency exhibits budgetary and programmatic control over the provider of the services, and the deliverables of the services are intended solely for the benefit of the using agency, the provisions of this Chapter shall apply.

(3) This Chapter shall not apply to the use of professional services of physicians who provide consultative examinations regarding applicants for disability benefits under the Social Security act by the disability determinations service of the Department of Children and Family Services.

(4) This Chapter shall not apply to the taking of Medicaid applications by certified Medicaid enrollment centers for prospective Medicaid clients pursuant to an agreement with the Department of Health and Hospitals and in accordance with federal regulations.

G. Repealed by Acts 2008, No. 62, §3, June 5, 2008.

H. This Chapter shall not apply to any contract or like business agreement to hire professional, personal, consulting, or contract services required or utilized by the State Market Commission under the provisions of Part I-D of Chapter 5 of Title 3 of the Louisiana Revised Statutes of 1950.

I. This Chapter shall not apply to any contract for a court reporter or expert witness utilized by a governmental body for the purpose of taking depositions, giving expert testimony, or other related matters if such contract has a total amount of compensation of less than five thousand dollars.

J. This Chapter shall not apply to any contract for the procurement of individualized agreements for persons with developmental disabilities by the Department of Health and Hospitals.

K.(1) This Chapter shall not apply to contracts of an institution of higher education or other agency of higher education, hereinafter collectively referred to as "higher education entity", to which the director of the office of contractual review has delegated authority to procure services with private grant funds or federal funds specifically provided for such purpose.

(2) Procurements conducted by a higher education entity operating under delegation of authority as provided herein shall be made in accordance with all federal requirements necessary for the receipt and use of such private grant or federal funds, particularly with regard to competitive bidding requirements for procurement of research services. Further, in making such procurements, such entity may also consider factors such as quality, reliability, expected life span, and compatibility with existing equipment or research protocols, as permitted under federal guidelines.

Added by Acts 1978, No. 772, §1. Amended by Acts 1982, No. 137, §3, eff. July 12, 1982; Acts 1982, No. 306, §1; Acts 1983, No. 96, §4, eff. June 23, 1983; Acts 1985, No. 201, §1, eff. July 6, 1985; Acts 1985, No. 673, §1; Acts 1985, No. 880, §3, eff. July 23, 1985; Acts 1986, No. 76, §1, eff. June 16, 1986; Acts 1986, No. 918, §2, eff. July 10, 1986; Acts 1987, No. 346, §1, eff. July 6, 1987; Acts 1989, 2nd Ex. Sess., No. 6, §2, eff. July 14, 1989; Acts 1990, No. 655, §1; Acts 1990, No. 903, §1, eff. July 1, 1990; Acts 1992, No. 297, §4; Acts 1992, No. 527, §1, eff. June 29, 1992; Acts 1993, No. 677, §1; Acts 1995, No. 799, §1, eff. June 27, 1995; Acts 1997, No. 669, §1, eff. July 7, 1997; Acts 1999, No. 545, §1; Acts 1999, No. 591, §1, eff. June 30, 1999; Acts 2000, 1st Ex. Sess., No. 87, §1, eff. April 17, 2000; Acts 2003, No. 1081, §1, eff. July 1, 2003; Acts 2006, No. 273, §1; Acts 2006, No. 530, §1, eff. June 22, 2006; Acts 2008, No. 62, §3, eff. June 5, 2008; Acts 2008, No. 565, §6; Acts 2010, No. 734, §4.