2011 Louisiana Laws
TITLE 39 — Public finance
RS 39:1661 — Contract clauses; administration
PART V. MODIFICATION AND TERMINATION OF CONTRACTS
FOR SUPPLIES, SERVICES, AND MAJOR REPAIRS
§1661. Contract clauses; administration
A. Contract clauses. Regulations may permit or require the inclusion of clauses providing for equitable adjustments in prices, time for performance, or other contract provisions, as appropriate, covering the following subjects:
(1) The unilateral right of the state to order in writing changes in the work within the general scope of the contract in any one or more of the following:
(a) Drawings, designs, or specifications, if the supplies to be furnished are to be specially manufactured for the state in accordance therewith;
(b) Method of shipment or packing; or
(c) Place of delivery.
(2) The unilateral right of the state to order in writing temporary stopping of the work or delaying of performance; and
(3) Variations between estimated quantities of work in a contract and actual quantities.
B. Additional contract clauses. Regulations may permit or require the inclusion in state contracts of clauses providing for appropriate remedies and covering the following subjects:
(1) Liquidated damages as appropriate.
(2) Specified excuses for delay or nonperformance.
(3) Termination of the contract for default, and
(4) Termination of the contract in whole or in part for the convenience of the state.
(5) Manufacturers' design drawings shall be supplied in duplicate for all state buildings, to the appropriate state agency at the conclusion of contract.
C. In the event any contractor fails to fulfill or comply with the terms of any contract, the chief procurement officer may award the contract to the next lowest responsible bidder subject to acceptance by that bidder and charge the difference in cost to the defaulting vendor.
D. Regulations may permit or require the inclusion in state contracts of clauses relative to reverse auctions pursuant to the implementation of the provisions of R.S. 39:1598.1.
Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Amended by Acts 1982, No. 710, §1; Acts 2011, No. 210, §2, eff. July 1, 2011.
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