Struck = removed from the bill ·
added = the amendment's new text.
SCASB300 2282 1464 SENATE COMMITTEE AMENDMENTS Regular Session ENROLLEDAmendmentsproposedbySenateCommittee SENATEonFinanceto BILLOriginalSenateBill No.300by Senator Mizell AMENDMENT NO.
3001 BYOn SENATORpage MIZELL1, ANline ACT2, Toafter amend"(H)(1)(c)," delete "198(J)," and reenactinsert R.S."the introductoryparagraph of (J)," AMENDMENT NO.
39:197(13)2 andOn (19)page through1, (21),line 198(E)(2),5, (H)(1)(c),after the"1630," introductory paragraph of (J), (J)(1)(d), 199(D)(4), 200(K), 1556(31) and (62),before 1594(C)(3),"1691(A)," 1597,insert 1600.2(C)(4),"and" 1602.1(C)(2),AMENDMENT theNO. introductory paragraph of 1606(B), 1619(A)(1)(i), 1630, and 1691(A), to enact R.S.
39:1600.2(G),3 1619(A)(2)(k),On (3)(h),page (4)(f),1, andline (5)(d),6, 1685(F),after "1685(F)," and 1692(D)before through"1692(D)" (G),insert and"and" toAMENDMENT repealNO. R.S.
39:197(22),4 relativeOn topage the1, Louisianaline Procurement16, Code;after"(H)(1)(c),"delete "198(J)," and insert "the introductoryparagraph of (J)," AMENDMENT NO.
to5 provideOn forpage definitions;toprovideforrequirementsofinformationtechnologycontractualreview9, procedures;line 20, delete the asterisks " * * *" Page 1 of 1
to provide for applicability;
to provide for negotiation and award of contracts;
to provide for bidding on contracts;
to provide for advertisement and notice requirements for procurement;
to provide for certain prohibitions;
to provide for contract types;
to provide for legal and contractual remedies;
to provide relative to administrative appeals;
to provide relative to commencement of actions relative to procurement;
to provide for an effective date;and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
39:197(13) and (19) through (21), 198(E)(2), (H)(1)(c), the introductoryparagraph of (J), (J)(1)(d),199(D)(4), 200(K), 1556(31) and (62), 1594(C)(3), 1597, 1600.2(C)(4), 1602.1(C)(2), the introductory paragraph of 1606(B), 1619(A)(1)(i), 1630, and 1691(A) are hereby amended and reenacted and R.S.
39:1600.2(G), 1619(A)(2)(k), (3)(h), (4)(f), and (5)(d), 1685(F), and 1692(D) through (G) are hereby enacted to read as follows:
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SB NO.
300 ENROLLED §197.
Definitions For the purposes of this Part, the following words and phrases shall be defined as follows:
* * * (13) "Invitation to negotiate" means a written or electronically posted solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of information technology systems, information technology services, software, professional services, or consulting services, or fiscal intermediary services.
* * * (19)"Relatedservices"meansandislimitedtoserviceactivitiesaffectingthe maintenanceof information technologyequipment or software and the providing of fiscalintermediaryservicesandshallalsoincludethoseconsultingservicesancillary to the procurement of information technology hardware or software that would otherwise be governed by the provisions of professional, personal, consulting, and social services procurement in Chapter 17 of Subtitle III of this Title.
Except for consulting services ancillary to the procurement of fiscal intermediary services by cooperative purchasing, such consulting services contracts shall be limited to the lesser of twenty percent of the procurement amount or two hundred fifty thousand dollars.
(20) "Rental contract" means and includes contracts between a supplier of information technology equipment and the state, or a state agency, through which information technologyequipment maybe leasedforatermnot 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 technology services,withsuchrenewaltobelimitedtooneadditionaltermnottoexceedtwelve months.
(21)(20)"Software"meanscomputerprogramsanddocumentationessential to and necessary for an information technology system or information technology Page 2 of 11 Coding:
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SB NO.
300 ENROLLED service to perform productive operations.
(22)(21)"Utility"meansanyinformationtechnologyserviceprovidedbythe office of technology services and used in the essential operations of a state agency, such as system authentication, data replication, and system utilization and performance management.
§198.
Types of contracts permitted * * * E.
The use of a multiyear contract for information technology systems, information technologyservices,and professional servicescontracts and consulting servicescontractsrelatedtoinformationtechnologyshallbeinaccordancewithrules and regulations and under the following conditions:
* * * (2) The director of the state purchasing office of state procurement shall approve in writing the use of a multi-year contract over three years, not to exceed five years.
* * * H.
Rental Contracts.
Upon the advance written approval of the statecentral purchasing agency, state agencies may enter into contracts for the rental of information technologyequipment and related services on a month-to- month basis for a period not to extend beyond the end of the fiscal year in which the contract is made.
All such contracts shall be entered into only as a result of competitive sealed bidding procedures.
(1)Equipmentcurrentlyinstalled,orinstalledatthebeginningofafiscalyear under a valid rental contract, may be retained at the end of the fiscal year by renewing or extending the existing rental contract for one additional term, not to exceedtwelvemonths,withoutcompetitivesealedbiddingprocedures,subjecttothe following provisions:
* * * (c) Renewal of a rental contract shall be subject to the advance review and recommendation of the procurement support team and to the advance written Page 3 of 11 Coding:
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SB NO.
300 ENROLLED approval of the state central purchasing agency and shall be permitted only if any proposed price increases do not exceed the supplier's current published list prices.
* * * J.
Master Agreements.
The state director of purchasingchief procurement officermayenterintomasteragreementswithvendorswithwhichthestateconducts substantial business over a period of time.
(1) Such agreements shall set forth those terms and conditions of specific legal import which relate to the basic provisions according to which procurement activity will be conducted, and shall meet the following requirements:
* * * (d) Each master agreement must be negotiated by a procurement support team and executed on behalf of the state by the state director of purchasing chief procurement officer.
* * * §199.
Methods of procurement * * * D.
Method for procuring software and software maintenance and support services.
* * * (4) The procurement support team shall develop and deliver to the office of state procurement and the office of technology services proposed rules establishing guidelines for procurementactivities under this Part.
Upon approval of the office of technology services, the office of state procurement shall promulgate rules in accordance with the Administrative Procedure Act.
* * * §200.
General provisions The following general provisions shall apply to all procurements under this Part:
* * * K.
The provisions of this Part shall, with respect to the procurement of Page 4 of 11 Coding:
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SB NO.
300 ENROLLED information technology systems or information technology services, supersede specificationsofanycontradictoryorconflictingprovisionsofthefollowingstatutes:
R.S.
38:2211 et seq.
with respect to awarding of public contracts and R.S.
39:1551 through 1736, but all other provisions in Chapter 17 of Title 39 apply to all procurements under this Part.
The provisions of this Part do not relate to the procurement of services covered by R.S.
39:1481 through 1526 except as provided in R.S.
39:198.
The Louisiana Lease of Movables Act, R.S.
9:3301 through 3342, shall not apply to the provisions of this Part.
* * * §1556.
Definitions As used in this Chapter, the words defined in this Section shall have the meanings set forth below, unless the context in which theyare used clearlyrequires a different meaning or a different definition is prescribed for a particular Part or provision:
* * * (31) "Invitation to negotiate" means a written or electronically posted solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of information technology systems, information technology services, software, professional services, or consulting services, or fiscal intermediary services.
* * * (62)"Usingagency"meansanygovernmentalbodyofthestatewhichutilizes anysupplies,services,ormajorrepairs,orprofessionalservices,personalservices, consulting services, or social services purchased under this Chapter.
* * * §1594.
Competitive sealed bids * * * C.
Public notice.
* * * (3) Each advertisement may be published in the official journal of the state.
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SB NO.
300 ENROLLED In the case of any purchase to meet the needs of a single budget unit the advertisement shall may be published also in a newspaper of general circulation printed in the parish in which the budget unit is situated or, if there is no newspaper printed in the parish, in a newspaper printed in the nearest parish, which has a general circulation in the parish in which the budget unit is situated.
* * * §1597.
Sole source procurements A contract may be awarded for a required supply, service, or major repair, consultingservice,orsocialservice,withoutcompetitionwhen,underregulations, the chief procurementofficeror his designee above the level of procurement officer determines in writing that there is only one source for the required supply, service, or major repair item, consulting service, or social service.
* * * §1600.2.
Invitation to negotiate * * * C.Theinvitationtonegotiateshalldescribethequestionsbeingexplored,the facts being sought, and the specific goals or problems that are the subject of the solicitation and shall be subject to all of the following conditions:
* * * (4)AuctiontechniquesandInsightsgainedduringthenegotiationprocess, including items of cost, may be used to refine a solution.
However, disclosure of proprietary information derived from competing proposals are is prohibited while negotiations are underway.
* * * G.
All records related to the solicitation shall be public records upon award of the contract or contracts, unless otherwise excepted by law.
* * * §1602.1.
Prohibition of discriminatory boycotts of Israel in state procurement * * * C.(1) * * * Page 6 of 11 Coding:
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SB NO.
300 ENROLLED (2) All competitive sealed bids and, competitive sealed proposals, and invitations to negotiate issued for procurement contracts with executive branch agencies shall include the text of the following certification:
"Bysubmittingaresponsetothissolicitation,thebidderorproposercertifies and agrees that the following information is correct:
In preparing its response, the bidder or proposer has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations,withapersonorentitythatisengagingincommercialtransactionsinIsrael or Israeli-controlled territories, with the specific intent to accomplish a boycott or divestment of Israel.
The bidder also has not retaliated against any person or other entityforreportingsuchrefusal,termination,orcommerciallylimitingactions.
The state reserves the right to reject the response of the bidder or proposer if this certification is subsequently determined to be false, and to terminate any contract awarded based on such a false response." * * * §1606.
Responsibility of bidders and proposers * * * B.
Whenever the chief procurement officer, commissioner, or head of a governmental body with such authority proposes to disqualify the lowest bidder on bids of five thousand dollars or more that exceed the amount established by executive order of the governor pursuant to R.S.
39:1596, such individual shall:
* * * §1619.
Social service contracts A.
Social services include:
(1) Rehabilitation and health supports include services rendered by a contractor with special knowledge or service available to assist individuals in attaining or maintaining a favorable condition of physical and mental health.
These services include but are not limited to:
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300 ENROLLED * * * (i) Other services in support of same, including the furnishing of support staffwithspecializedtrainingtosupporttheunderlyingsocialserviceobjectives and deliverables.
(2) Habilitation and socialization include services rendered by a contractor with special knowledge to assist specified client groups to enhance their self-sufficiencyoralleviatetheirdependencyorisolationfromthecommunity.These services include but are not limited to:
* * * (k)Otherservicesinsupportofsame,includingthefurnishingofsupport staffwithspecializedtrainingtosupporttheunderlyingsocialserviceobjectives and deliverables.
(3) Protection for adults and children include services rendered by a contractor to provide therapeutic intervention for adults or children who are in dangerorthreatenedwithdangerofphysicalormentalinjury,neglect,maltreatment, extortion, or exploitation, including victims of family violence.
These services include but are not limited to:
* * * (h)Otherservicesinsupportofsame,includingthefurnishingofsupport staffwithspecializedtrainingtosupporttheunderlyingsocialserviceobjectives and deliverables.
(4)Improvementoflivingconditionsandhealthincludeservicesrenderedby an authorized contractor with special knowledge or services available to assist individualstoattainormaintainfavorableconditionsinwhichtolive.Theseservices include but are not limited to:
* * * (f)Otherservicesinsupportofsame,includingthefurnishingofsupport staffwithspecializedtrainingtosupporttheunderlyingsocialserviceobjectives and deliverables.
(5) Evaluation, testing, and remedial educational services for exceptional Page 8 of 11 Coding:
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SB NO.
300 ENROLLED nonpublic school students with physical or learning disabilities include services rendered by a contractor with special knowledge or services available to provide special educational and related services for exceptional students or students with disabilitiesvoluntarilyenrolledinapprovednonpublicschoolsofLouisianawhoare not otherwise provided with such servicesthrough either their local school program or through other services afforded to them by local school boards or other public agencies.
These services include but are not limited to:
* * * (d)Otherservicesinsupportofsame,includingthefurnishingofsupport staffwithspecializedtrainingtosupporttheunderlyingsocialserviceobjectives and deliverables.
* * * §1630.
Finality of determinations The determinationsrequiredbyR.S.
39:1568.1, 1597, 1598(C), 1605, 1606, 1608(C),1612(A),1614, and1671(F)arefinalandconclusiveunlessthereviewing court, exercising its appellate jurisdiction, finds they are clearly erroneous, arbitrary, capricious, or contraryto law.
* * * §1685.
Contract and breach of contract controversies * * * F.
A final decision of the commissioner may be made executory by the Nineteenth Judicial DistrictCourt in accordancewith Code of Civil Procedure Article 2782.
§1691.
Venue of actions by or against the state in connection with contracts A.Solicitationandawardofcontracts.TheNineteenthJudicialDistrictCourt shall have exclusive venue over an action between the state and a person, bidder, proposer, offerer, or contractor, prospective or actual, to determine whether a solicitation or award of a contract is in accordance with the constitution, statutes, regulations, and the terms and conditions of the solicitation.
Such actions shall invoke, and the court shall exercise, only the appellate jurisdiction of the court.
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SB NO.
300 ENROLLED * * * §1692.
Commencement of actions * * * D.Actionsrequestingjudicialreviewofanydetermination listedinR.S.
39:1630 shall be commenced within fourteen days after the receipt of the written determination.
E.
All actions under R.S.
39:1691 shall be instituted by the filing of a petition for judicial review in the Nineteenth Judicial District Court invoking, and the court shall exercise, only appellate jurisdiction.
F.(1)InanypetitionforjudicialreviewfiledpursuanttoR.S.39:1691(A), a copyofthepetitionforjudicial reviewshall beservedupon thecommissioner of administration, the head of the agency which issued the solicitation, and, if applicable,thepersonawardedthecontract.Theheadoftheusingagencyisthe chief executive or administrative officer of the using agency.
(2) In any petition for judicial review filed pursuant to R.S.
39:1691(B), a copy of thepetition forjudicial reviewshallbeservedupon thecommissioner of administration.
(3) In any petition for judicial review filed pursuant to R.S.
39:1691(C), a copy of thepetition forjudicial reviewshallbeservedupon thecommissioner of administration and the head of the using agency which is a party to the contract.
The head of the using agency is the chief executive or administrative officer of the using agency.
(4) In any petition for judicial review filed pursuant to R.S.
39:1692(D), a copyofthepetitionforjudicial reviewshall beservedupon thecommissioner of administration and the chief procurement officer.
G.
Within sixty days after the service of the service of the petition upon the commissioner of administration, or within further time allowed by the court, the division of administration shall transmit to the reviewing court the original or a certified copy of the administrative record.
Section 2.
R.S.
39:197(22) is hereby repealed in its entirety.
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SB NO.
300 ENROLLED Section 3.
This Act shall become effective upon signature bythe governor or, if not signed by the governor, upon expiration of the time for bills to become law without the signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governor and subsequentlyapproved bythe legislature, this Act shall become effective on the sayfollowing such approval.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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