2011 Louisiana Laws
Revised Statutes
TITLE 39 — Public finance
RS 39:197 — Definitions

§197. Definitions

For the purposes of this Part, the following words and phrases shall be defined as follows:

(1) "Related services" mean and are limited to service activities affecting the maintenance of data processing equipment or software and the providing of fiscal intermediary services in processing claims of health care providers.

(2) "Direct order contract" means a contract which covers a specific class of data processing equipment, or a contract which covers a single, specific class of data processing equipment 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.

(3) "Multi-year contract" means and includes the following:

(a) Contracts between a supplier of data processing equipment, software, and related services, and the state or a state agency through which data processing equipment, software, and related services, except for fiscal intermediary services for the processing of claims of health care providers, may be leased or purchased for a term of more than one fiscal year, but the term shall not exceed sixty months.

(b) Contracts for fiscal intermediary services for the processing of claims from health care providers.

(4) "Rental contract" means and includes contracts between a supplier of data processing equipment and the state, or a state agency, through which data processing 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 data processing, with such renewal to be limited to one additional term not to exceed twelve months.

(5) "Software" means computer programs and documentation essential to and necessary for a computer to perform productive operations.

(6) "Competitive sealed bidding" means a method of procurement which strictly follows the requirements set forth in Chapter 17 of Title 39 except for such variations as are specifically established herein.

(7) "Procurement" means and includes the selling, buying, purchasing, renting, leasing, or otherwise obtaining data processing equipment, related services or software, as well as all activities engaged in, resulting in or expected to result in the selling, buying, purchasing, renting, leasing or otherwise obtaining of data processing equipment, related services or software by the state or its agencies.

(8) "Emergency acquisitions or rentals of data processing" means a method of procurement utilized when there exists a threat to the public health, welfare, safety or public property.

(9) "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.

(10) "Purchase contract" means a contract that is utilized for the direct acquisition of certain equipment, including but not limited to data processing, word processing, micro computers, 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.

(11) "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 data processing, word processing, micro computers, software, 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.

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.

{{NOTE: SEE ACTS 1985, NO. 995, §3.}}