2012 Louisiana Laws
Revised Statutes
TITLE 39 — Public finance
RS 39:1494.1 — Social service contracts

§1494.1. Social service contracts

A. Contracts for social services may be awarded without the necessity of competitive bidding or competitive negotiation only if the director of the office of contractual review determines that any one of the following conditions is present. The using agency shall document the condition present and such documentation shall be part of the contract record submitted to the office of contractual review.

(1) The services are available only from a single source (sole source). Sole source procurement shall be determined by the director of the office of contractual review. A contract shall also be considered as sole source if a request for proposals is issued in accordance with R.S. 39:1503 and only one or no proposals are received.

(2) The state legislature has made an appropriation for that particular contractor or contractors via the appropriation bill or other statutes.

(3) A quasi-public and/or nonprofit corporation, such as a parish voluntary council on aging, an area agency on aging, an association of retarded citizens or equivalent, an organization serving children, youth, and/or families, or an organization promoting independence from public assistance has been established in coordination with the state to provide the particular service involved in the contract.

(4) Local matching funds of greater than ten percent of the contract amount are required to be contributed by the contractor. Such matching funds may be in the form of cash, certified expenditures or in-kind contributions, where applicable to the funding source.

(5) The nature of the services being provided necessitates that a continuity of contractors be maintained as in but not limited to therapeutic and crisis support to clients and employment and training programs.

(6) An emergency exists which will not permit the delay in procurement necessitated by the request for proposal procedure given in R.S. 39:1503. Such emergency shall be determined by the director of the office of contractual review.

(7) The total contract amount is less than two hundred fifty thousand dollars per twelve-month period. Service requirements shall not be artificially divided so as to exempt contracts from the request for proposal process.

(8) The contract is with another governmental entity or governmental body.

(9) Funds are specifically designated by the federal government for a particular private or public contractor or political subdivision.

(10) The contract is with a social service contractor who supplies services under a contract in existence as of November 30, 1985, as long as such contractor continues to supply substantially the same services and the using agency certifies:

(a) The services are satisfactory.

(b) They intend to continue contracting with that contractor.

B. If none of the conditions given in R.S. 39:1494.1(A) are determined by the director of the office of contractual review to be present in a contract for social service, then that contract shall be awarded through a request for proposal process in accordance with R.S. 39:1503 under rules and regulations issued by the office of contractual review.

Acts 1985, No. 673, §1; Acts 2001, No. 1143, §1, eff. June 29, 2001; Acts 2007, No. 214, §1.