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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 8
BY REPRESENTATIVE GIROD JACKSON
PROCUREMENT: Provides with respect to state procurement contracts let via a request for
proposal process
A CONCURRENT RESOLUTI ON1
To amend the division of administration, (LAC 34:V.145), which provides for contracts let2
via a request for proposal process, to direct the commissioner or any other head of3
agency which has rules promulgated related to letting contracts via requests for4
proposals to amend the applicable provisions in the Louisiana Administrative Code5
in the same manner, to direct the Louisiana Register to print the amendments in the6
Louisiana Administrative Code.7
WHEREAS, the state and other public entities enter into contracts in order to8
provide services to the people of Louisiana; and9
WHEREAS, some of these contracts are let through a request for proposal process10
which allows businesses to apply and compete for contracts; and11
WHEREAS, one of the aspects of the request for proposal process is the grading12
process whereby points are applied to each application.13
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that (LAC14
34:V.145) is hereby amended to read as follows:15
ยง145. Request for proposals16
* * *17
13. Disadvantaged Business Enterprises and Veteran-Owned Businesses18
a. For those contracts which must be let with a request for proposal, fifteen19
percent of the total score shall be based on whether the business is certified as a20 HLS 10RS-1748 ORIGINAL
HCR NO. 8
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disadvantaged business enterprise or a veteran-owned business, or whether the1
business subcontracted, as part of a contract with a public entity, at least twenty-five2
percent or more of the work received through the letting process to a business3
certified as a disadvantaged business enterprise of a veteran-owned business in the4
previous twelve-month period. The following shall apply when scoring a business5
which subcontracts less than twenty-five percent of its work to a business certified6
as a disadvantaged business enterprise of a veteran-owned business:7
(i) A business which subcontracts less than twenty-five percent but more than8
twenty percent shall be awarded eighty percent of the fifteen percent of the total9
score. 10
(ii) A business which subcontracts less than twenty percent but more than11
fifteen percent shall be awarded sixty percent of the fifteen percent of the total score.12
(iii) A business which subcontracts less than fifteen percent but more than ten13
percent shall be awarded forty percent of the fifteen percent of the total score. 14
(iv) A business which subcontracts less than ten percent but more than five15
percent shall be awarded twenty percent of the fifteen percent of the total score. 16
(v) A business which subcontracts not more than five percent shall be17
awarded ten percent of the fifteen percent of the total score. 18
(vi) A business which has not subcontracted with a business certified as a19
disadvantaged business enterprise of a veteran-owned business shall not be awarded20
any points pursuant to this Paragraph. 21
b. If a business has not received a contract through the letting process in the22
previous twelve-month period, the reviewing entity shall determine the last known23
date of subcontracting and consider the prior twelve months from such date in24
determining the applicability of this Paragraph.25
BE IT FURTHER RESOLVED that the commissioner of administration or any other26
head of agency which has rules promulgated related to letting contracts via requests for27
proposals, including those promulgated pursuant to the Public Bid Law and Louisiana28 HLS 10RS-1748 ORIGINAL
HCR NO. 8
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Procurement Code, shall be authorized and directed to amend the applicable provisions in1
the Louisiana Administrative Code in the same manner. 2
BE IT FURTHER RESOLVED that the Louisiana Register is hereby directed to have3
the amendment to LAC 34:V.145, and any other provision of the Louisiana Administrative4
Code that shall be amended pursuant to this Resolution, printed and incorporated into the5
Louisiana Administrative Code and to transmit a copy of the revised rule to the division of6
administration.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Girod Jackson HCR No. 8
Amends LAC 34:V.145 of the rules and regulations promulgated by the Division of
Administration for letting contracts with requests for proposals.
Proposed LAC amendment provides that for those contracts which must be let with a request
for proposal, 15% of the total score shall be based on whether the business is certified as a
disadvantaged business enterprise or a veteran-owned business, or whether the business
subcontracted, as part of a contract with a public entity, at least 25% or more of the work
received through the letting process to a business certified as a disadvantaged business
enterprise of a veteran owned business in the previous 12-month period.
Proposed LAC amendment provides that the following shall apply when scoring a business
which subcontracts less than 25% percent of its work to a business certified as a
disadvantaged business enterprise of a veteran-owned business:
(1)A business which subcontracts less than 25% but more than 20% shall be awarded
80% of the 15% of the total score.
(2)A business which subcontracts less than 20% but more than 15% shall be awarded
60% of the 15% of the total score.
(3)A business which subcontracts less than 15% but more than 10% shall be awarded
40% of the 15% of the total score.
(4)A business which subcontracts less than 10% but more than 5% shall be awarded
20% of the 15% of the total score.
(5)A business which subcontracts not more than 5% shall be awarded 10% of the15%
of the total score.
(6)A business which has not subcontracted with a business certified as a disadvantaged
business enterprise of a veteran-owned business shall not be awarded any points
pursuant to this proposed LAC Amendment.
Proposed LAC amendment provides that if a business has not received a contract through
the letting process in the previous twelve month period, the reviewing entity shall determine HLS 10RS-1748 ORIGINAL
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the last known date of subcontracting and consider the prior 12 months from such date in
determining the applicability of this Paragraph.
Requires that the commissioner or any other head of agency which has rules promulgated
related to letting contracts via requests for proposals including those promulgated pursuant
to the Public Bid Law and Louisiana Procurement Code shall be authorized and directed to
amend the applicable provisions in the Louisiana Administrative Code in the same manner.
Directs the La. Register to print the amendment to LAC 34:V.145 in the La. Administrative
Code.
(Amends LAC 34:V.145)