2018 Louisiana Laws
Revised Statutes
TITLE 39 - Public Finance
RS 39:1567 - Reporting requirements

§1567. Reporting requirements

            A. The state chief procurement officer shall prepare any reports that the commissioner of administration may deem necessary and shall deliver such reports to such recipients as the commissioner may designate. As provided in R.S. 44:1 et seq., such reports shall be available to the public upon request. However, nothing in this Section shall require any policy or management board of public higher education or any institution under their jurisdiction to prepare or submit a monthly report on items purchased from state contracts or on contract item usage to the state chief procurement officer. The quarterly report listing purchases for under five thousand dollars and the annual report for purchases above five thousand dollars on all items purchased from state contracts, shall be sufficient to meet the requirements of this Section.

            B.(1) The state chief procurement officer shall prepare such reports as he finds necessary for the proper conduct of his duties, to include an annual report of all professional, personal, consulting, social services, and other contracts over which the office of state procurement has power and authority under the provisions of this Chapter or through administrative rules and regulations. The annual report shall be compiled on a fiscal year basis and consist, at a minimum, of summary descriptive and statistical data regarding the number and amounts of such contracts by type of service. The annual report shall be submitted to the president of the Senate and speaker of the House of Representatives not later than January first of the year following the end of the fiscal year for which the report is prepared.

            (2)(a) The director shall prepare an annual report of all professional, personal, consulting, and social services contracts awarded without the necessity of competitive bidding or competitive negotiation under the provisions of this Chapter. The annual report shall be compiled on a fiscal year basis by using agency and consist, at a minimum, of the following information for each contract:

            (i) The name of the contractor.

            (ii) The type of contract awarded.

            (iii) A descriptive summary of the contract.

            (iv) The amount of the contract.

            (v) The start and end dates of the contract.

            (b) The annual report shall be submitted to the Joint Legislative Committee on the Budget not later than January first of the year following the end of the fiscal year for which the report is prepared.

            (3) Information on all contracts and the information contained in the annual report shall be published on the division of administration's website to provide maximum access to the public and ease of use for searching information relative to the various contracts reported.

            (4) For purposes of Paragraph (3) of this Subsection, "information" shall include but not be limited to the following:

            (a)(i) If a legal entity, the official name and domicile address of the contracting entity as reflected in documentation submitted to the secretary of state's office.

            (ii) If a natural person, the full name and physical address of the contracting entity.

            (b) If a legal entity, a complete and accurate listing of the owners of the contracting entity, whether in title or beneficial, unless it is a publicly traded entity, and a complete and accurate listing of the board of directors or equivalent governing body, if any, and officers, if any, of the contracting entity.

            (c) A statement regarding the percentage of minority, women, veteran, and Louisiana-based ownership of the contracting entity, unless it is a publicly traded entity.

            (d) A statement that all applicable federal, state, and payroll taxes owed by the contracting entity have been paid and are current.

            (e) If the contracting entity is a nonprofit organization, a statement that the contracting entity has filed a current Form 990, as required by the Internal Revenue Code, along with a copy of its most recent Form 990.

            (f) A statement indicating the type or nature of the contract with the state agency, including whether the contract was publicly bid, competitively bid, competitively negotiated, or let through a noncompetitive process; the value of the contract; and the name of each state agency which is or would be a party to the contract.

            (g) The names and addresses of all agents, registered lobbyists, and other persons lobbying, as "lobbying" is defined in R.S. 24:51 or R.S. 49:72, on behalf of the contracting entity relative to a contract or potential contract with the state or an appropriation or grant.

            C.(1) When for any reason collusion is suspected among any proposers, a written report of the facts giving rise to such suspicion shall be transmitted to the state chief procurement officer and the attorney general.

            (2) All documents involved in any procurement in which collusion is suspected shall be retained until the office of state procurement gives notice that they may be destroyed. All retained documents shall be made available to the commissioner of administration or his designee upon request.

            D. The using agencies shall cooperate with the office of state procurement in the preparation of statistical data concerning the acquisition, usage, and disposition of all professional, personal, consulting, and social services, and may employ trained personnel, as necessary, to carry out this function. All using agencies shall furnish such reports as the office of state procurement may require concerning usage and needs, and the office of state procurement shall have authority to prescribe forms to be used by the using agencies in the reporting of professional, personal, consulting, and social services.

            E. The state chief procurement officer shall submit a report at the end of each month to the Joint Legislative Committee on the Budget summarizing each contract, including the dollar value of each contract awarded that month over which the office of state procurement has power and authority. The report shall also indicate if each contract is for discretionary purposes or if it is for nondiscretionary purposes.

            F.(1) The Contract Services Joint Legislative Task Force, hereinafter referred to as the "task force", is hereby created to study, review, and make assessments on contracts as further provided in this Subsection. The task force shall be composed of eight members of the legislature; four members of the Senate, appointed by the president of the Senate and four members of the House of Representatives, appointed by the speaker of the House of Representatives.

            (2) The task force is authorized to review all contracts with an annual contract amount of fifty thousand dollars or more as provided by Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950. The task force may review the processes by which these contracts are negotiated, drafted, procured, and executed. Additionally, the task force may study any other contracts determined to be relevant to the mission of the task force.

            (3) The president of the Senate shall appoint a senator to chair the first meeting until officers can be elected from among the task force membership at the first meeting which shall take place no later than thirty days after the effective date of this Subsection. A quorum of the task force membership shall be required to conduct business.

            (4) The task force shall not meet more than five calendar days in any fiscal year.

            (5) Annually, the task force shall report to the president of the Senate, the speaker of the House of Representatives, and the governor no later than sixty days before the regular session regarding any recommendations relative to any specific contracts or contract procedures that may require administrative action or may require legislative action.

            (6) The provisions of this Subsection shall become void on June 30, 2020.

            Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 1986, No. 103, §1; Acts 2014, No. 33, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2015, No. 87, §1, eff. July 1, 2015; Acts 2016, No. 589, §1, eff. July 1, 2016.

NOTE: Redesignated in part and amended by Acts 2014, No. 864, §2, eff. Jan. 1, 2015.

            NOTE: See Acts 2015, No. 87, §2, regarding effectiveness.