Mills (SB 409) Act No. 708
Prior law provided for methods of data processing procurement.
Prior 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.
New law retains prior 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.
New 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.
New law further provides that in the event the lowest available price can not be obtained in
the form or source specified in the new 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))