The original instrument was prepared by Jay Lueckel. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Kari B.
Couvillon.
DIGEST
Mills (SB 409)
Present law provides for methods of data processing procurement.
Present law provides that any state agency may procure data processing software, software
maintenance, and support services without competitive bidding, provided such procurement has
written advance approval from the state central purchasing agency and is not for a price greater
than the vendor's published price. Also provides for the use of a procurement support team in the
promulgation of rules relative to such procurement.
Proposed law retains present law and further provides that any agency seeking to procure a new
contract, a contract extension, or any other contract modification for software, software
maintenance, and support services must show that the price received or negotiated is the lowest
available price by exhibiting prices that may appear in a catalog, price list, schedule, Internet, or
other form.
Proposed law further provides that such prices must be from a source that is regularly maintained
by a vendor or other contractor, is either published or otherwise available for inspection by
customers, is available through inquiries with other state or local governments using similar
products and services, and is available through statements of prices on the Internet and are
currently or were last made to a significant number of buyers constituting the general buying
public for the software or services involved.
Proposed law further provides that in the event the lowest available price can not be obtained in
the form or source specified in the proposed law, the agency seeking to procure a new contract, a
contract extension of an existing contract, or any other contract modification for software,
software maintenance, and support services shall require the vendor to certify in writing that the
price received is the lowest price available to other states or local governments for similar
products and services at the time the quote is submitted.
Effective July 1, 2014.
(Amends R.S. 39:199(D))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original bill 1. Adds stipulation that in the event the lowest available price can not be obtained in
the form or source specified in the proposed law, the agency seeking to procure a
new contract, a contract extension of an existing contract, or any other contract
modification for software, software maintenance, and support services shall
require the vendor to certify in writing that the price received is the lowest price
available to other states or local governments for similar products and services at
the time the quote is submitted.
2. Corrects paragraph numbering.