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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 409
BY SENATORS MILLS AND THOMPSON
AN ACT1
To amend and reenact R.S. 39:199(D), relative to methods of procurement; to provide for2
the lowest available price for certain software procurement contracts; to provide for3
an effective date; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 39:199(D) is hereby amended and reenacted to read as follows:6
ยง199. Methods of procurement7
* * *8
D.(1) Method for procuring software and software maintenance and support9
services. Notwithstanding any other provisions of this Part, any agency may procure10
data processing software, software maintenance, and support services without the11
need for competitive bidding. Such procurement must have the written advance12
approval of the state central purchasing agency and shall not be for a price greater13
than the vendor's published price.14
(2) Additionally, any agency seeking to procure a new contract, a15
contract extension of an existing contract, or any other contract modification16
for software, software maintenance, and support services shall show evidence17
that the price received or negotiated is the lowest available price by exhibiting18
prices that may appear in a catalog, price list, schedule, on the Internet, or other19
form that:20
(a) Is regularly maintained by a vendor or other contractor.21
(b) Is either published or otherwise available for inspection by22
customers.23
(c) Is available through inquiries with other states or local governments24
using similar products and services.25
(d) Is available through statements of prices on the Internet and are26
currently or were last made to a significant number of buyers constituting the27 SB NO. 409 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
general buying public for the software or services involved.1
(3) In the event that the lowest available price can not be obtained in the2
form or source as specified in Paragraph (2) of this Subsection, the agency3
seeking to procure a new contract, a contract extension of an existing contract,4
or any other contract modification for software, software maintenance, and5
support services shall require the vendor to certify in writing that the price6
received is the lowest price available to other states or local governments for7
similar products and services at the time the quote is submitted.8
(4) The procurement support team shall develop and deliver to the office of9
state purchasing and the office of information technology proposed rules establishing10
guidelines for procurement activities under this Part. Upon approval of the office of11
information technology, the office of state purchasing shall promulgate rules in12
accordance with the Administrative Procedure Act.13
Section 2. This Act shall become effective on July 1, 2014; if vetoed by the14
governor and subsequently approved by the legislature, this Act shall become15
effective on July 1, 2014, or on the day following such approval by the legislature,16
whichever is later.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: