2012 Louisiana Laws
Revised Statutes
TITLE 39 — Public finance
RS 39:199 — Methods of procurement

§199. Methods of procurement

A. The only methods of procurement permitted for the acquisition of data processing equipment, related services, or software are those defined in this Section. Except as provided in Subsection B, all procurement of computer hardware shall be by competitive sealed bidding.

B. Other methods. Other methods of procurement permitted for acquisitions hereunder are small purchases in accordance with rules and regulations promulgated by the state central purchasing agency and emergency acquisitions or rentals of data processing equipment if such procurement is conducted under applicable laws and rules and regulations specified by the state central purchasing agency.

C. Method for procuring maintenance services. Notwithstanding any other provisions of this Part, any agency may procure maintenance services for data processing equipment without the need for competitive bidding. Such procurement must have the written advance approval of the state central purchasing agency and shall not be for a price greater than the vendor's published price. The procurement support team shall develop and deliver to the office of state purchasing and the office of information technology proposed rules establishing guidelines for procurement activities under this Part. Upon approval of the office of information technology, the office of state purchasing shall promulgate rules in accordance with the Administrative Procedure Act.

D. Method for procuring software and software maintenance and support services. Notwithstanding any other provisions of this Part, any agency may procure data processing software, software maintenance, and support services without the need for competitive bidding. Such procurement must have the written advance approval of the state central purchasing agency and shall not be for a price greater than the vendor's published price. The procurement support team shall develop and deliver to the office of state purchasing and the office of information technology proposed rules establishing guidelines for procurement activities under this Part. Upon approval of the office of information technology, the office of state purchasing shall promulgate rules in accordance with the Administrative Procedure Act.

E. Method for procuring microcomputer equipment, word processing equipment, software, and maintenance services. Notwithstanding any other provisions of this Part, any agency may procure by purchase, rental, or lease microcomputer equipment, word processing equipment, software, and maintenance services through name brand contracts awarded by the state central purchasing agency in accordance with the provisions of R.S. 39:1551 through 1736. Such procurement must have the written advance approval of the state central purchasing agency. The terms and conditions of such name brand contracts may be amended by the central purchasing office.

F. Method for procuring data processing equipment, software, and maintenance services for public colleges and universities. Notwithstanding any other provisions of this Part, any public college or university may procure, through its purchasing officer, data processing equipment, software, and maintenance services without the advance approval of the state central purchasing agency when a single expenditure for such materials or combined materials and services does not exceed one hundred thousand dollars.

G.(1) The commissioner of administration shall for each fiscal year designate a goal for awarding to small businesses a portion of anticipated total state procurement of data processing equipment and software. For purposes of this Subsection, "small businesses" shall be defined as an employer with fifty or fewer employees. The commissioner may divide the procurements so designated into contract award units of economically feasible production runs in order to facilitate offers or bids from small businesses. In making his annual designation of goals for small business procurements, the commissioner shall attempt to vary the included procurements so that a variety of data processing equipment and software produced by different small businesses shall be a goal each year. The failure of the commissioner to establish a goal for particular procurements shall not be deemed to prohibit or discourage small businesses from seeking the procurement award through the normal solicitation and bidding processes. The commissioner of administration shall report to the Joint Legislative Committee on the Budget and to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs on the program established in this Subsection each year prior to the submission of the executive budget. Such report shall include the goals and awards from the previous year, a list of unsuccessful awards as described in Paragraph (4) of this Subsection, and the goals for the upcoming year.

(2) Contract procedure. The commissioner shall establish a contract procedure in accordance with law, for the awarding of a procurement contract under the goals established in this Subsection. Surety bonds guaranteed by the federal Small Business Administration shall be acceptable security for an award under this Subsection.

(3) Responsibility of bidder or offeror. Before making a goal award, the commissioner shall evaluate whether the small business scheduled to receive the award is able to perform the set-aside contract. This determination shall include consideration of production and financial capacity and technical competence.

(4) Award of contracts after unsuccessful goal procedures. In the event that the provisions of this Subsection do not operate to extend a contract award to a small business, the award shall be placed pursuant to the existing solicitation and award provisions established by law. The commissioner shall thereupon designate a goal for small businesses' additional state procurements of data processing equipment and software corresponding in approximate value to the contract unable to be awarded pursuant to the provisions of this Subsection.

(5) Conflict with other code provisions. All laws and rules pertaining to solicitations, bid evaluations, contract awards, and other procurement matters not inconsistent with the provisions of this Subsection shall apply to procurements set-aside for small businesses. In the event of conflict with other rules, the provisions of this Subsection shall govern.

Acts 1981, No. 628, §1, eff. July 20, 1981; Acts 1983, No. 478, §2, eff. July 6, 1983; Acts 1985, No. 698, §1; Acts 2001, No. 772, §3, eff. July 1, 2001; Acts 2006, No. 513, §1.