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Regular Session, 2014
SENATE BILL NO. 481
BY SENATOR DONAHUE
TECHNOLOGY. Provides with respect to technology services and technology procurement.
(7/1/14)
AN ACT1
To amend and reenact Subpart C of Chapter 1 of Subtitle I of Title 39 of the Louisiana2
Revised Statutes of 1950, to be comprised of R.S. 39:15.1, 15.2, 15.3, and Part V-A3
of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, to4
be comprised of R.S. 39:196, 197, 198, 199, and 200, all relative to technology and5
technology procurement; to change the office of information technology to the office6
of technology services; to provide for the state chief information officer to replace7
the chief information officer; to grant authority over procurement for information8
technology systems and services to the state chief information officer; to provide for9
additional duties and responsibilities of the office of technology services relative to10
operations, procurement, and customer service charges; to place the office of11
telecommunications management under the state chief information officer; to12
provide authority for centralized information technology procurement under the13
office of technology services and the state chief information officer; to provide for14
an effective date; and to provide for related matters.15
Be it enacted by the Legislature of Louisiana:16
Section 1. Subpart C of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised17 SB NO. 481
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Statutes of 1950, comprised of R.S. 39:15.1, 15.2, 15.3, and Part V-A of Chapter 1 of1
Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:196,2
197, 198, 199, and 200, are hereby amended and reenacted to read as follows:3
SUBPART C. OFFICE OF INFORMATION TECHNOLOGY SERVICES4
§15.1. Office of information technology services; scope5
The office of information technology services shall have authority over all6
information technology systems and services for agencies in the executive branch of7
state government. The office shall have no authority over the legislative or judicial8
branches of state government or agencies thereof. However, nothing provided in9
this Subpart shall apply to the public postsecondary management boards or the10
Board of Regents as provided in Article VIII of the Constitution of Louisiana.11
§15.2. Office of information technology services; state chief information officer12
A. The office of information technology services is established within the13
division of administration. This office shall be headed by the state chief information14
officer, hereafter referred to in this Part as the "CIO." The CIO will serve as the15
spokesperson for all matters related to information technology and resources,16
including Geographic Information Systems (GIS), with regard to policies, standard17
setting, deployment, strategic and tactical planning, acquisition, management, and18
operations as necessary and in keeping with the industry trends of the private and19
public sectors. Rules and regulations shall be promulgated, in accordance with the20
Administrative Procedure Act, as may be necessary to carry out the provisions of this21
Subpart.22
B. The CIO shall be appointed by the governor and serve in the executive23
department of the division of administration, and shall be in the unclassified service.24
The CIO shall report to the commissioner of administration concerning his25
responsibilities to provide direction, stewardship, leadership, operation, and general26
oversight of information technology and information resources. The salary of the27
CIO shall be determined by the commissioner of administration. Support staff,28
office facilities, and operating expenses shall be provided by the division of29 SB NO. 481
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administration.1
C. The CIO shall also perform all duties and functions that the commissioner2
of administration deems necessary for the proper, efficient, and economical3
administration of information technology.4
D. The CIO shall be the principal adviser to the governor and the executive5
cabinet on information technology policy, including policy on the acquisition and6
management of information technology and resources.7
E. The CIO may delegate his authority under this Subpart to such8
designees or to any governmental body as he may deem appropriate within the9
limitations of state law and regulations.10
§15.3. Office of information technology services; offices and staff; duties11
A. The office of information technology services shall consist of executive12
offices and staff as deemed necessary for effective information technology13
governance, acquisition and operation.14
B. The state chief information officer shall manage and direct the office of15
information technology services, with roles, duties, and activities including but not16
limited to the following:17
(1) Establishing and coordinating all information technology systems18
and information technology services affecting the management and operations19
of the executive branch of state government. The office of technology services20
shall, subject to the provisions of this Subpart, have sole authority and21
responsibility for defining the specific information technology systems and22
information technology services to which the provisions of this Subpart shall be23
applicable. Information technology systems, including equipment and related24
services, and information technology services shall mean the equipment and25
services and means necessary to provide, including but not limited to, the26
following:27
(a) Telecommunications systems and services.28
(b) Network systems and services.29 SB NO. 481
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(c) Server systems and services.1
(d) Storage systems and services.2
(e) Information technology security systems and services.3
(f) Related peripheral systems and services.4
(g) Software and software application services.5
(h) Infrastructure and platform systems and services.6
(i) Desktop computing systems and services.7
(j) Geographic information systems and services.8
(k) Mobile device systems and services.9
(l) Video systems and services, except those video systems and services10
specifically reserved to the Louisiana Educational Television Authority11
pursuant to R.S. 17:2501.12
(m) Radio systems, to include but not be limited to two-way radio13
systems; however, the operational abilities and priorities of two-way14
communications of the departments in the executive branch shall not be15
impeded.16
(n) Any and all systems and services based on emerging and future17
information technologies relating to Subparagraphs (a) through (k) of this18
Paragraph.19
(2) Overseeing and implementing a state master information technology plan20
on an annual basis.21
(2)(3) Establishing and directing the implementation of information22
technology standards, architecture, and guidelines suitable for statewide application23
for hardware, software, services, contractual arrangements, consolidation of systems24
and management of systems.25
(3)(4) Reviewing, coordinating, and standardizing information technology26
strategic business technology planning, information technology procurement,27
information technology budgeting (both executive and capital outlay), and28
information technology personnel and training.29 SB NO. 481
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(4)(5) Implementing strategic information technology planning, including the1
review and approval of the planning, initiation, design, acquisition, and operation of2
information technology systems.3
(5)(6) Assessing the performance of information technology systems and4
technology operations and personnel including establishing accountability,5
performance measurement, and benchmarking policies and procedures.6
(6)(7) Overseeing and coordinating the centralization of the technology7
systems and data processing systems, including consolidation, outsourcing, and8
sharing statewide government information technology resources and services.9
(7)(8) Overseeing all telecommunication systems.10
(8)(9) Assuring compatibility and connectivity of Louisiana's information11
systems.12
(9)(10) Facilitating and fostering innovative applications of emerging13
technologies that provide cost-effective solutions for improving government14
operations and services.15
(10)(11) Reviewing and overseeing information technology projects and16
systems for compliance with statewide strategies, policies, and standards, including17
alignment with state government's business goals, investment, and other risk18
management policies.19
(11)(12) Providing support and technical assistance to the office of state20
purchasing, the office of contractual review, the office of facility planning and21
control, and the office of planning and budget, and the Louisiana Technology22
Innovations Council.23
(12)(13) Overseeing and coordinating access to state information that is24
electronically available online from agency web sites.25
(13)(14) Facilitating a process among state agencies to identify services that26
are favorable for electronic delivery, and maintaining an electronic directory of state27
services.28
(14) Providing direction to the Louisiana Geographic Information Systems29 SB NO. 481
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Council and the Louisiana Geographic Information Center (LAGIC) for coordination1
of geographic data, geographic technology, and geographic standards of the state.2
(15) Identifying information technology applications that should be3
statewide in scope, and ensuring that these applications are not developed4
independently or duplicated by individual state agencies of the executive branch.5
(16) Reviewing and approving the receipt by executive agencies of6
information technology goods and services and telecommunication systems and7
services from non-appropriated sources, including but not limited to grants,8
donations, and gifts.9
(17) Preparing annual reports and plans concerning the status and result of10
the state's specific information technology plans and submitting these annual reports11
and plans to the governor and the legislature.12
(18) Facilitating and fostering the identification of the policy and planning13
data needs of the state.14
(19) Charging respective user agencies for the cost of the information15
technology services provided by the office of information technology systems and16
information technology services provided by the office of technology services17
and may include all or part of the cost of the operation of the office. These costs18
shall be charged in a consistent and equitable manner.19
(20) Acting as the sole centralized customer for the acquisition, billing,20
and record keeping of information technology systems or information21
technology services provided to state agencies. The ownership of such systems22
procured by the office of technology services may vest in the respective agency,23
but control of the systems shall be retained by the office of technology services.24
(21) Developing coordinated information technology systems or25
information technology services within and among all state agencies and26
require, where appropriate, cooperative utilization of information technology27
systems and information technology services by aggregating users. However,28
nothing provided in this Section shall apply to the authority for operation of the29 SB NO. 481
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National Crime Information Center.1
(22) Reviewing, coordinating, approving, or disapproving requests by2
state agencies for the procurement of information technology systems or3
information technology services including information technology proposals,4
studies, and contracts.5
C. To accomplish the work of the office of information technology services,6
all agencies as defined in R.S. 39:2 shall cooperate with the office of information7
technology services and provide assistance as required. However, if the office of8
information technology and a statewide elected official cannot jointly agree on an9
information technology plan, system, or service for any agency under his10
jurisdiction, then he may implement an information technology plan, system or11
service of his own, upon finding just cause to do so and after giving notice of his12
actions and reason therefore at a meeting of the Joint Legislative Committee on the13
Budget. Prior to implementation, any such information technology plan, system or14
service adopted by a statewide elected official shall be as compatible as is practical15
under the circumstances with the state master technology plan nothing in this16
Subpart shall apply to the authority of any statewide elected official relative to17
his authority to implement information technology plans, systems, or services18
for any agency under his jurisdiction.19
D. The information, technology, personnel, agency resources, and records of20
the Integrated Criminal Justice Information System as established by R.S. 15:122821
through 1228.8 and its components shall be excluded from the provisions of this Part22
and shall not be under the authority of the office of information technology services.23
PART V-A. DATA PROCESSING INFORMATION TECHNOLOGY24
PROCUREMENT25
§196. Application of Part: responsibility for determining; executive director of26
information services state chief information officer27
A. The provisions of this Part shall be applicable to all state agencies in the28
executive branch, as defined in R.S. 39:2(1) 36:3(1), with respect to the purchase,29 SB NO. 481
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lease, and rental of all data processing information technology equipment, related1
services, and software.2
B. The state central purchasing agency shall, subject to the provisions of this3
Part, have sole authority and responsibility for defining the specific data processing4
equipment, related services, and software to which the provisions of this Part shall5
be applicable. The office of technology services shall, subject to the provisions of6
this Part, have sole authority and responsibility for defining the specific7
information technology systems and information technology services to which8
the provisions of this Part shall be applicable. Rules and regulations shall be9
promulgated as may be necessary to carry out the provisions of this Part.10
§197. Definitions11
For the purposes of this Part, the following words and phrases shall be12
defined as follows:13
(1) "Agency" as used in this Part and in Part V of Chapter 1 of this Title14
shall have the same meaning ascribed to it as provided in R.S. 36:3(1).15
(2) "Competitive sealed bidding" means a method of procurement which16
strictly follows the requirements set forth in Chapter 17 of Title 39 of the17
Louisiana Revised Statutes of 1950 except for such variations as are specifically18
established herein.19
(3) "Procurement" means the selling, buying, purchasing, renting,20
leasing, or otherwise obtaining information technology systems, information21
technology services, or its related software, as well as all activities engaged in,22
resulting in, or expected to result in the selling, buying, purchasing, renting,23
leasing, or otherwise obtaining information technology systems, information24
technology services, or its related software by the state or its agencies.25
(4) "Software" means computer programs and documentation essential26
to and necessary for an information technology system or information27
technology service to perform productive operations.28
(5) "Information technology service contract" means a contract for the29 SB NO. 481
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procurement of information technology services to include but not be limited1
to software as a service, infrastructure as a service, platform as a service,2
application hosting services, or installation and configuration services.3
(6) "Information technology systems", which shall include information4
technology equipment and related services, and "information technology5
services" are limited to the equipment and services and means to provide:6
(a) Server systems and services.7
(b) Storage systems and services.8
(c) Information technology security systems and services.9
(d) Related peripheral systems and services.10
(e) Software and software application services.11
(f) Infrastructure and platform systems and services.12
(g) Desktop computing systems and services.13
(h) Geographic information systems and services.14
(i) Mobile device systems and services.15
(j) Any and all systems and services based on emerging and future16
information technologies relating to Subparagraphs (a) through (i) of this17
Paragraph.18
(7) "Information technology systems contract" means a contract for the19
procurement of information technology systems including equipment and20
related services to include but not be limited to installation and maintenance.21
(8) "Information technology systems lease contract" means a contract22
between a supplier of information technology systems and the division of23
administration, office of technology services, or the procuring agency, through24
which information technology systems may be procured for a term which shall25
not exceed ten years. The contract may be either an operating lease, installment26
purchase, or a financed lease without a balloon payment.27
(9) "Utility" means any information technology service provided by the28
office of technology services and used in the essential operations of a state29 SB NO. 481
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agency, such as system authentication, data replication, and system utilization1
and performance management.2
(10) "Related services" means and is limited to service activities affecting the3
maintenance of data processing information technology equipment or software and4
the providing of fiscal intermediary services in processing claims of health care5
providers. Notwithstanding any other provisions of law to the contrary, "related6
services" shall also mean those consulting services ancillary to the procurement of7
data processing information technology hardware or software that would otherwise8
be governed by the provisions of professional, personal, consulting, and social9
services procurement in Chapter 16 of this Title, provided those consulting services10
are limited to the lesser of twenty percent of the procurement amount or two hundred11
fifty thousand dollars.12
(2)(11) "Direct order contract" means a contract which covers a specific class13
of data processing information technology equipment, or a contract which covers14
a single, specific class of data processing information technology equipment,15
software, or services, and all features associated with that class and through which16
state agencies may procure the item of hardware specified by issuing a purchase17
order under the terms of the contract, without the necessity of further competitive18
bidding.19
(3)(12) "Multi-year contract" means contracts for a term of more than one20
year, not to exceed ten years and includes the following:21
(a) Contracts between a supplier of data processing equipment, information22
technology systems, information technology services, and software, and related23
services, and the state or a state agency through which data processing equipment,24
information technology systems, information technology services, and software,25
and related services except for fiscal intermediary services for the processing of26
claims of health care providers, may be leased or purchased for a term of more than27
one fiscal year, but the term shall not exceed sixty months.28
(b) Contracts for fiscal intermediary services for the processing of claims29 SB NO. 481
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received from health care providers.1
(4)(13) "Rental contract" means and includes contracts between a supplier of2
data processing information technology equipment and the state, or a state agency,3
through which data processing information technology equipment may be leased4
for a term not to exceed one fiscal year, such contracts to include the right of5
termination by the state upon notice of ninety days or less, and to be renewable, upon6
review and recommendations of the procurement support team and review and7
approval by the office of data processing information technology, with such8
renewal to be limited to one additional term not to exceed twelve months.9
(5) "Software" means computer programs and documentation essential to and10
necessary for a computer to perform productive operations.11
(6)(14) "Competitive sealed bidding" means a method of procurement which12
strictly follows the requirements set forth in Chapter 17 of Title 39 except for such13
variations as are specifically established herein.14
(7) "Procurement" means and includes the selling, buying, purchasing,15
renting, leasing, or otherwise obtaining data processing equipment, related services16
or software, as well as all activities engaged in, resulting in or expected to result in17
the selling, buying, purchasing, renting, leasing or otherwise obtaining of data18
processing equipment, related services or software by the state or its agencies.19
(8)(15) "Emergency acquisitions or rentals of data processing information20
technology" means a method of procurement utilized when there exists a threat to21
the public health, welfare, safety or public property.22
(9)(16) "Master agreement" means an agreement between the state and a23
vendor which specifies the general terms and conditions under which parties will24
routinely conduct procurement business.25
(10) (17) "Purchase contract" means a contract that is utilized for the direct26
acquisition of certain equipment, including but not limited to data processing27
information technology, word processing, micro desktop computers, server28
systems, storage systems, mobile computing systems, peripheral systems,29 SB NO. 481
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software, and related services. Such contract shall contain the terms and conditions1
pertinent to the rights and obligations of both the state and the vendor. Any purchase2
by direct acquisition under the terms of the purchase contract will require one single3
payment, and title shall pass to the state upon the date of purchase as defined in the4
contract unless the purchase contract is amended by an installment payment contract.5
(11)(18) "Installment-payment contract" means a contract which amends and6
is incorporated into a purchase contract and is utilized to finance with the vendor the7
purchase of certain equipment, including but not limited to data processing8
information technology, word processing, micro desktop computers, server9
systems, storage systems, mobile computing systems, peripheral systems,10
software, related services, and related supplies or a contract which itself alone is11
utilized to procure such equipment from a contractor and provides therein for12
payment in a set of installments over a fixed period of time. An installment payment13
contract shall arrange for a method of financing with payment being made in a set14
of installment payments over a fixed period of time in accordance with the15
provisions of the contract and shall provide for the vendor to deliver title to the16
governmental body in accordance with such terms.17
§198. Types of contracts permitted18
A. The types of contracts permitted in the procurement of data processing19
information technology systems, information technology services, equipment,20
related services, and software are defined herein in this Part, and the provisions of21
this Part supersede, with respect to such procurements, any existing conflicting22
statutory provisions and supplement the provisions of R.S. 39:1551 through 1736.23
B. The office of technology services, through the state purchasing office,24
may, on behalf of any state agency, enter into information technology systems25
contracts in accordance with the following provisions:26
(1) Contracts of this type shall be entered into through a request for27
proposals as defined in this Part. An invitation to bid format may be utilized28
with written approval from the state chief information officer.29 SB NO. 481
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(2) The term of such contracts shall not exceed five years.1
C. The office of technology services, through the state purchasing office,2
may on behalf of any state agency, enter into information technology services3
contracts in accordance with the following provisions:4
(1) Contracts of this type shall be entered into through a request for5
proposals as defined in this Part. An invitation to bid format may be utilized6
with written approval from the state chief information officer.7
(2) The term of such contracts shall not exceed ten years.8
D. The office of technology services, through the state purchasing office,9
may on behalf of any state agency, enter into a information technology systems10
lease contract for an operating lease, installment purchase, or financed lease for11
information technology systems in accordance with the following provisions:12
(1) All contracts of this type shall be entered into through a request for13
proposals as defined in this Part.14
(2) The justification of such contracts must be approved by the office of15
technology services prior to issuance of a request for proposals. Such16
justification shall identify and consider all cost factors relevant to that contract.17
(3) The term of such contracts shall not exceed ten years, except financed18
contracts shall be for a term not to exceed the economic life of the system or ten19
years, whichever is less.20
(4) Upon the advance written approval of the office of technology21
services, state agencies may extend operating leases of information technology22
systems on a month-to-month basis for a period not to exceed one calendar year23
for the stated lease prices.24
E. Notwithstanding the provisions of R.S. 39:1615 to the contrary, the25
use of a multi-year contract for information technology systems and26
information technology services shall be in accordance with rules and27
regulations and under the following conditions:28
(1) The state chief information officer shall approve in writing the use of29 SB NO. 481
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a multi-year contract over one year, not to exceed three years.1
(2) The director of the state purchasing office shall approve in writing2
the use of a multi-year contract over three years, not to exceed five years.3
(3) The commissioner of administration, or his designee, shall approve4
in writing the use of a multi-year contract over five years.5
A F. Direct order contracts. The division of administration office of6
technology services, through the state central purchasing agency, shall, on behalf of7
all state agencies, enter into a direct order contract with a vendor of data processing8
information technology equipment for the purchase, rental, or both, of such9
equipment in accordance with the following provisions:10
(1) Specifications for direct order contracts. Specifications for direct order11
contracts shall be developed in advance and shall conform to the following12
requirements:13
(a) Specifications for direct order contracts shall cover a specific class of14
equipment and may include all features associated with that class.15
(b) Specifications in the invitation for bids for direct order contracts shall be16
developed by the office of data processing information technology.17
(c) Specifications shall be based on the projected needs of user agencies.18
(d) Specifications for direct order contracts for the purchase and/or rental of19
data processing information technology may include specifications for the20
maintenance of the equipment desired.21
(2) Procurement of direct order contracts. The initial procurement of a direct22
order contract, and procurement of equipment by using agencies under a direct order23
contract, shall be as defined herein:24
(a) Direct order contracts shall be awarded by competitive sealed bidding.25
(b) A using agency may procure required data processing information26
technology equipment available under a direct order contract through release of a27
purchase order for the required equipment to the vendor holding a direct order28
contract. However, such procurement by purchase order shall be accomplished in29 SB NO. 481
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accordance with the procedures and regulations prescribed by the state central1
purchasing agency in the Division of Administration and shall be subject to all other2
statutory requirements.3
(3) The final authority for entering into direct order contracts shall rest with4
the Division of Administration, and such contracts shall be executed by the5
purchasing office, in accordance with procedures and regulations defined by the6
Division of Administration.7
(4) Terms and conditions of direct order contracts. Direct order contracts8
shall include the following terms and conditions:9
(a) Direct order contracts for data processing information technology10
equipment are subject to the following requirements:11
(i)(a) Direct order contracts shall be valid for not more than three fiscal years.12
(ii)(b) The prices stated in such contract shall be firm for the period of the13
contract; except that, all such contracts shall include a clause granting to the state the14
benefit of any general price reductions effected by the vendor during the term of the15
contract.16
(iii)(c) Individual items of computer hardware which may be included under17
a direct order contract may not have a purchase price greater than seventy-five18
thousand dollars or a monthly rental price greater than two thousand dollars. Such19
price shall not include costs of maintenance, taxes, or transportation.20
(iv)(d) Direct order contracts shall include the annual appropriation21
dependency clause set forth in Subparagraph BG(1)(d) of this Section.22
(v)(e) Direct order contracts may be extended into one additional fiscal year23
only under the following conditions:24
(aa)(i) Such extension of a direct order contract shall be subject to the25
approval of the office of data processing information technology.26
(bb)(ii) The vendor may increase rental prices for the term of the additional27
fiscal year by an amount equal to the lesser of any increase permitted by that28
vendor's contract with the General Services Administration of the United States29 SB NO. 481
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Government for such equipment, or any increase in that vendor's published list prices1
for such equipment, during that fiscal year; provided that, such increase may not2
exceed ten percent, and the increase must have been authorized by the initial direct3
order contract.4
(vi)(f) Items covered by a direct order contract may also be acquired through5
additional competitive sealed bidding.6
B. G. Multiyear contracts other than direct order contracts and contracts for7
fiscal intermediary services in processing claims of health care providers. State8
agencies may enter into contracts for the lease or purchase of data processing9
equipment information technology systems, information technology services, or10
software when the term of such lease or purchase is greater than twelve months or11
involves more than one fiscal year in accordance with the following provisions:12
(1) General terms and conditions for multiyear contracts shall be as follows:13
(a) All contracts of this type shall be entered into through competitive sealed14
bidding.15
(b) The justification of such contracts must be presented to the state central16
purchasing agency prior to issuance of an invitation for bids. Such justification shall17
identify and consider all cost factors relevant to that contract.18
(c) The term of such contract shall not exceed sixty months.19
(d) All such contracts must contain the following annual appropriation20
dependency clause:21
"The continuation of this contract is contingent upon the continuation of an22
appropriation of funds by the legislature to fulfill the requirements of the contract.23
If the legislature fails to appropriate sufficient monies to provide for the continuation24
of a contract or if such appropriation is reduced by the veto of the governor or by any25
means provided in the Appropriation Act or Title 39 of the Louisiana Revised26
Statutes of 1950 to prevent the total appropriations for the year from exceeding27
revenues for that year or for any other lawful purpose and the effect of such28
reduction is to provide insufficient monies for the continuation of the contract, the29 SB NO. 481
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contract shall terminate on the date of the beginning of the first fiscal year for which1
funds are not appropriated."2
(e) The state central purchasing agency in the Division of Administration3
division of administration shall maintain a list of all multi-year contracts. This list4
must show at a minimum the name of the vendor, the annual cost of each contract,5
and the term of the contract.6
(f) All such contracts for lease must contain a clause granting to the state the7
benefit of any general price reduction effected by the vendor during the term of the8
contract.9
(g) With respect to all such contracts for purchase, there shall be no10
provisions for a penalty to the state for the early payment of the contract.11
(2) Provisions relating to multi-year contracts for software:12
(a) Contracts for software which extend for periods greater than twelve13
months or which cover all or a portion of more than one fiscal year, but which14
require only a single payment by the state to the vendor, may be entered into by any15
state agency, without regard to the specific requirements of Paragraph (1) of this16
Subsection.17
(3) Provisions relating to multi-year contracts for the installment payment of18
financing for certain equipment, including but not limited to data processing, word19
processing, micro desktop computers, server systems, storage systems, mobile20
computing systems, peripheral systems, software, and related services are as21
follows:22
(a) Installment-payment contracts will be entered into with vendors of the23
defined equipment by the Division of Administration division of administration24
through the state central purchasing agency on behalf of all state agencies in25
accordance with rules and regulations adopted by the director of central purchasing.26
(b) Installment-payment contracts may serve as amendments to and be27
incorporated into the vendor purchase contracts.28
(c) The installment-payment contract may serve as a financing agreement and29 SB NO. 481
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may contain only those provisions pertinent to the payment obligation, including but1
not limited to payment schedule and rate, provisions of default, assignment of2
payment stream, early payment, passage of title, and insurance coverage.3
(d) Each contract shall contain an annual dependency clause, as defined in4
R.S. 39:198(B)(G)(1)(d).5
(e) Installment-payment contracts utilized in procuring microcomputer6
equipment, word processing, software, and maintenance through brand name7
contracts shall contain a fixed interest for the term, which will generally be defined8
as one fiscal year, of the brand name contract. The interest rate is to be bid by the9
vendor, accepted by central purchasing, and approved by the State Bond10
Commission.11
(f) Interest rates for individual procurements of equipment either through the12
competitive sealed bid process or under the terms of the applicable brand name13
contract shall be fixed for the term of the multi-year contract specific to that14
individual procurement.15
(g) The term of an installment-payment contract utilized for the equipment16
defined herein shall not exceed sixty months.17
(4) Provisions relating to the procurement of information technology18
consulting services through the office of technology services shall be conducted19
in accordance with the provisions of R.S. 39:1481 through 1526.20
C. H. Rental Contracts. Upon the advance written approval of the state21
central purchasing agency, state agencies may enter into contracts for the rental of22
data processing equipment and related services on a month to month basis for a23
period not to extend beyond the end of the fiscal year in which the contract is made.24
All such contracts shall be entered into only as a result of competitive sealed bidding25
procedures.26
(1) Equipment currently installed, or installed at the beginning of a fiscal year27
under a valid rental contract, may be retained at the end of the fiscal year by28
renewing or extending the existing rental contract for one additional term, not to29 SB NO. 481
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exceed twelve months, without competitive sealed bidding procedures, subject to the1
following provisions:2
(a) All prices under a fiscal year rental contract shall be no greater than the3
supplier's established catalogue price and shall be firm for the fiscal year in which4
the contract is made, with the exception that the state shall be entitled to any general5
price reductions effected by the supplier during the term of the contract.6
(b) All rental contracts shall have a notice of termination provision in favor7
of the state not to exceed ninety days and shall allow termination of the contract as8
it applies to specific equipment or services without termination of the entire contract.9
(c) Renewal of a rental contract shall be subject to the advance review and10
recommendation of the procurement support team and to the advance written11
approval of the state central purchasing agency and shall only be permitted if any12
proposed price increases do not exceed the supplier's current published list prices.13
(2) Termination of a rental contract may be effected, in addition to any other14
legal reasons, by the state central purchasing agency, which shall have authority to15
direct a user agency to terminate, with adequate notice, a rental contract for the16
failure of any party to comply with the provisions herein, and to initiate competitive17
sealed bidding procedures in order to retain or replace the equipment affected by18
termination.19
D. I. Contracts for fiscal intermediary services in processing claims of health20
care providers. State agencies may enter into contracts for fiscal intermediary21
services in processing claims of health care providers. The term of such a contract22
shall be one hundred twenty months. In the event special circumstances, as provided23
in Paragraph (9) of this Subsection, necessitate, additional one-year extensions of24
the contract may be granted. The award process and final contract shall include the25
following:26
(1) Contracts for fiscal intermediary services in processing claims of health27
care providers shall be awarded by a competitive selection process which shall list28
in the solicitation for proposals the method by which the contract shall be awarded29 SB NO. 481
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and include all criteria to be used and the weights assigned to each criterion. The1
procedure for issuance of the solicitation for proposals shall be in accordance with2
guidelines published by the state central purchasing agency. The selection of the3
contractor shall be made by the head of the using agency only in accordance with the4
method and criteria as set forth in the solicitation for proposals and in accordance5
with the recommendation of the procurement support team.6
(2) Justification for the contract shall be submitted to the state central7
purchasing agency and shall be submitted to the House and Senate committees on8
health and welfare at least forty-five days prior to the issuance of a solicitation for9
proposals. Within thirty days of receipt of the justification by the House and Senate10
committees on health and welfare, either committee may convene a meeting11
separately or jointly for the purpose of conducting a public hearing on the12
justification which was submitted. Such justification shall include identification and13
consideration of all factors, including costs, relevant to the solicitation for proposals14
and the final contract.15
(3) The one-hundred-twenty-month term of such contract shall be divided16
into one period of between thirty-six months and sixty months, immediately followed17
by successive twelve-month periods. The state shall have an option to renew such18
contract for each of the twelve-month periods. If the state does not exercise its option19
to renew, the contract shall be terminated. In the event special circumstances occur,20
as provided in Paragraph (9) of this Subsection, additional twelve-month extensions21
of the contract may be granted.22
(4) In addition to other provisions as required by law or in the best interests23
of the state, such contract shall contain provisions setting forth, (a) the amount and24
requirements of the contractor's performance bond, (b) penalty and enforcement25
provisions for the failure of the contractor to perform in accordance with the contract26
documents, (c) conditions for optional renewal of the contract by the state in27
accordance with the provisions of this Subsection, and (d) requirements for28
termination of the contract by the state at any time, or for cause, or upon the refusal29 SB NO. 481
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of the state to exercise an option to renew such contract.1
(5) Issuance of specifications for a solicitation for proposals on a contract for2
fiscal intermediary services in processing claims of health care providers shall be3
made at least twelve months prior to the termination date of an existing contract,4
unless the contract termination is for cause or due to the refusal of the state to5
exercise an option to renew.6
(6) No award of the contract shall be made until the House and Senate7
committees on Health and Welfare, meeting jointly or a joint subcommittee thereof8
has conducted a public hearing concerning such award.9
(7) No award of the contract shall be made later than eight months prior to10
the termination date of an existing contract, unless the contract termination is for11
cause or due to the refusal of the state to exercise an option to renew.12
(8) No option to renew such contract shall be exercised by the state until the13
following criteria have been satisfied:14
(a) The Department of Health and Hospitals has conducted a public hearing15
concerning such renewal.16
(b) The Department of Health and Hospitals submits to the House and Senate17
committees on health and welfare a notice of intention by the Department of Health18
and Hospitals to exercise the option to renew such contract and a copy of any public19
testimony which was taken at the public hearing held by the Department of Health20
and Hospitals. The House and Senate committees on health and welfare, meeting21
separately or jointly, may hold a public hearing concerning such renewal within22
thirty days following the receipt of a notice of intention by the Department of Health23
and Hospitals to exercise the option to renew such contract.24
(c) The House and Senate committees on health and welfare, meeting25
separately or jointly, have conducted a public hearing concerning such renewal or26
thirty days have elapsed from the date the Department of Health and Hospitals27
submitted a notice of intention to renew such contract to the House and Senate28
committees on health and welfare and neither committee has posted a public notice29 SB NO. 481
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of meeting concerning the renewal of such contract.1
(9) In the event the Department of Health and Hospitals and/or the United2
States Department of Health and Human Services, Health Care Financing3
Administration propose substantial changes in the operations of the Medicaid4
program that would materially impact the services performed by the fiscal5
intermediary, the Department of Health and Hospitals may, subject to the approval6
of the House and Senate committees on health and welfare, approve additional7
extensions of the contract until such time as it is practical to prepare a solicitation for8
proposals describing the revised services that would be performed by the fiscal9
intermediary. During the time frame covered by any extension beyond the original10
one-hundred-twenty-mont h period, the fiscal intermediary may be required to11
perform additional functions to assist in preparing the Department of Health and12
Hospitals in the transition to the new program. Such functions shall include existing13
fiscal intermediary services as well as efforts to control fraud and abuse, program14
reports, beneficiary enrollment and program information services, encounter data,15
and annual managed care negotiation data.16
E. J. Master Agreements. The state director of purchasing may enter into17
master agreements with vendors with which the state conducts substantial business18
over a period of time.19
(1) Such agreements shall set forth those terms and conditions of specific20
legal import which relate to the basic provisions according to which procurement21
activity will be conducted, and shall meet the following requirements:22
(a) Such agreements may be for any term up to sixty months.23
(b) All agreements must contain a clause providing that any changes24
mandated by state or federal law, whether legislative or judicial, will be25
incorporated; however, if such a change is not acceptable to either party, the affected26
term or terms of the contract shall be renegotiated and, if agreement cannot be27
reached, shall be stricken from the contract.28
(c) A specific provision of any such agreement may be waived or changed29 SB NO. 481
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only once during the term of the agreement, by mutual consent, expressed in writing.1
(d) Each master agreement must be negotiated by a procurement support2
team and executed on behalf of the state by the state director of purchasing.3
(2) Vendors may refer to the master agreement on file with the state director4
of purchasing when responding to invitations for bids for specific items of data5
processing information technology equipment, related services, or software. Such6
bid responses must include a proposed schedule incorporating the terms of the master7
agreement and further detailing the items and prices bid. The selected vendor and the8
procuring agency shall sign the schedule and submit it to the state central purchasing9
agency for approval.10
(3) The state director of purchasing, subject to the approval of commissioner11
of administration, shall have authority for determining when and if master12
agreements may be used. Notwithstanding any other provisions of this Part, master13
agreements shall not be used to circumvent the competitive bid process otherwise14
required by law.15
F. K. The Department of Public Safety and Corrections may enter into a16
multiyear contract not to exceed ten years when contracting for the Video Gaming17
Monitoring System for the purposes described in R.S. 27:302(A)(5)(o). This contract18
may be awarded by the competitive request for proposal procedures set forth in R.S.19
39:1593(C).20
G. L. The Department of Wildlife and Fisheries may enter into a multiyear21
contract not to exceed ten years when contracting for the issuance of hunting and22
fishing licenses through an electronic issuance system as authorized by R.S. 56:30.1.23
This contract may be awarded by the competitive request for proposal procedures set24
forth in R.S. 39:1593(C).25
§199. Methods of procurement26
A. The only methods of procurement permitted for the acquisition of data27
processing equipment, related services, or software are those defined in this Section.28
Except as provided in Subsection B, all procurement of computer hardware shall be29 SB NO. 481
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by competitive sealed bidding. The office of technology services, through the1
state purchasing office, may procure information technology systems and2
information technology services by a request for proposals to conform with the3
following requirements:4
(1) Public notice of the request for proposals shall be the same as for an5
invitation to bid as provided in R.S. 39:1594(C).6
(2)(a) The request for proposals shall indicate the relative importance of7
all evaluation factors and shall clearly define the work, service, or solution to8
be provided under the contract, the functional specifications, the criteria to be9
used in evaluating the proposals, and the time frames within which the work10
must be completed or the service provided.11
(b) For information systems lease contracts, the request for proposals12
shall require that proposals contain a declaration as to the maximum price for13
which the system may be purchased following the termination of the lease14
contract. No other basis of evaluation shall be used except that set out in the15
request for proposals.16
(3) The office of technology services shall evaluate all proposals to17
determine the proposal most advantageous to the state, taking into18
consideration all evaluation criteria set forth in the request for proposals, and19
shall make a recommendation of award to the state purchasing office.20
(4) The office of technology services may request that the state21
purchasing office reject all proposals when it is deemed that such action is in the22
best interest of the state.23
B. Other methods. Other methods of procurement permitted for acquisitions24
hereunder are small purchases in accordance with rules and regulations promulgated25
by the state central purchasing agency and emergency acquisitions or rentals of data26
processing equipment if such procurement is conducted under applicable laws and27
rules and regulations specified by the state central purchasing agency. The office of28
technology services may procure information technology systems and29 SB NO. 481
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information technology services in accordance with the law or regulations, or1
both, which govern the state purchasing office, the division of administration.2
C. Method for procuring maintenance services. Notwithstanding any other3
provisions of this Part, any agency may procure maintenance services for data4
processing information technology equipment without the need for competitive5
bidding. Such procurement must have the written advance approval of the state6
central purchasing agency and shall not be for a price greater than the vendor's7
published price. The procurement support team shall develop and deliver to the8
office of state purchasing and the office of information technology proposed rules9
establishing guidelines for procurement activities under this Part. Upon approval of10
the office of information technology, the office of state purchasing shall promulgate11
rules in accordance with the Administrative Procedure Act.12
D. Method for procuring software and software maintenance and support13
services. Notwithstanding any other provisions of this Part, any agency may procure14
data processing software, software maintenance, and support services without the15
need for competitive bidding. Such procurement must have the written advance16
approval of the state central purchasing agency and shall not be for a price greater17
than the vendor's published price. The procurement support team shall develop and18
deliver to the office of state purchasing and the office of information technology19
proposed rules establishing guidelines for procurement activities under this Part.20
Upon approval of the office of information technology, the office of state purchasing21
shall promulgate rules in accordance with the Administrative Procedure Act.22
E. Method for procuring microcomputer equipment, word processing23
equipment, software, and maintenance services. Notwithstanding any other24
provisions of this Part, any agency may procure by purchase, rental, or lease25
microcomputer equipment, word processing equipment, software, and maintenance26
services through name brand contracts awarded by the state central purchasing27
agency in accordance with the provisions of R.S. 39:1551 through 1736. Such28
procurement must have the written advance approval of the state central purchasing29 SB NO. 481
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agency. The terms and conditions of such name brand contracts may be amended by1
the central purchasing office.2
F. Method for procuring data processing information technology equipment,3
software, and maintenance services for public colleges and universities.4
Notwithstanding any other provisions of this Part, any public college or university5
may procure, through its purchasing officer, data processing information6
technology equipment, software, and maintenance services without the advance7
approval of the state central purchasing agency when a single expenditure for such8
materials or combined materials and services does not exceed one hundred thousand9
dollars.10
G. F.(1) The commissioner of administration shall for each fiscal year11
designate a goal for awarding to small businesses a portion of anticipated total state12
procurement of data processing information technology equipment and software.13
For purposes of this Subsection, "small businesses" shall be defined as an employer14
with fifty or fewer employees. The commissioner may divide the procurements so15
designated into contract award units of economically feasible production runs in16
order to facilitate offers or bids from small businesses. In making his annual17
designation of goals for small business procurements, the commissioner shall attempt18
to vary the included procurements so that a variety of data processing information19
technology equipment and software produced by different small businesses shall be20
a goal each year. The failure of the commissioner to establish a goal for particular21
procurements shall not be deemed to prohibit or discourage small businesses from22
seeking the procurement award through the normal solicitation and bidding23
processes. The commissioner of administration shall report to the Joint Legislative24
Committee on the Budget and to the House Committee on Commerce and the Senate25
Committee on Commerce, Consumer Protection, and International Affairs on the26
program established in this Subsection each year prior to the submission of the27
executive budget. Such report shall include the goals and awards from the previous28
year, a list of unsuccessful awards as described in Paragraph (4) of this Subsection,29 SB NO. 481
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and the goals for the upcoming year.1
(2) Contract procedure. The commissioner shall establish a contract2
procedure in accordance with law, for the awarding of a procurement contract under3
the goals established in this Subsection. Surety bonds guaranteed by the federal4
Small Business Administration shall be acceptable security for an award under this5
Subsection.6
(3) Responsibility of bidder or offeror. Before making a goal award, the7
commissioner shall evaluate whether the small business scheduled to receive the8
award is able to perform the set-aside contract. This determination shall include9
consideration of production and financial capacity and technical competence.10
(4) Award of contracts after unsuccessful goal procedures. In the event that11
the provisions of this Subsection do not operate to extend a contract award to a small12
business, the award shall be placed pursuant to the existing solicitation and award13
provisions established by law. The commissioner shall thereupon designate a goal14
for small businesses' additional state procurements of data processing information15
technology equipment and software corresponding in approximate value to the16
contract unable to be awarded pursuant to the provisions of this Subsection.17
(5) Conflict with other code provisions. All laws and rules pertaining to18
solicitations, bid evaluations, contract awards, and other procurement matters not19
inconsistent with the provisions of this Subsection shall apply to procurements set-20
aside for small businesses. In the event of conflict with other rules, the provisions of21
this Subsection shall govern.22
§200. General provisions23
The following general provisions shall apply to all procurements under this24
Part:25
A. Used equipment. Used data processing information technology26
equipment is defined to include all equipment which cannot be certified as new by27
the vendor. Used equipment may be acquired through rental or purchase when the28
vendor and/or manufacturer certify that:29 SB NO. 481
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(1) The equipment has been properly maintained and used.1
(2) Maintenance acceptable to the state is available by contract at a cost2
which shall not increase the total cost to the state to that level which would exist3
should the state acquire the same equipment new.4
(3) The equipment is warranted by the manufacturer or vendor under the5
same terms and conditions as those offered by the manufacturer for that equipment6
when new.7
B. Purchase of equipment being leased or rented. Equipment being leased or8
rented by a state agency may be purchased without the need for competitive sealed9
bidding. When the contract under which the equipment is being leased or rented10
provides for any credit of rental or lease payments toward purchase, the leasing or11
renting vendor shall be required to deduct such credits from the purchase price. A12
written analysis of the contract must be made by the using agency and filed with the13
state central purchasing agency. Such analysis shall at a minimum include the current14
market value of the equipment, the total amount paid to the vendor as lease or rental15
payments credited to the purchase price, the total time the equipment was leased or16
rented, and the amount of and contractor for related prior and subsequent contracts,17
including but not limited to maintenance contracts. Such purchases shall have the18
written advance approval of the state central purchasing agency, and the legislature19
shall have provided a specific appropriation for such purchase.20
C. Disposition of data processing information technology equipment no21
longer required by state agencies. The state central purchasing agency shall have the22
authority to dispose of data processing information technology equipment no longer23
required by a state agency in accordance with regulations which shall be developed24
and published by the state central purchasing agency. Such dispositions may be25
through trade-in, assignment to another state agency, or sale. Dispositions other than26
by assignment to another agency shall be on a competitive basis.27
D. Effective date of contracts. Any contracts entered into under the28
provisions of this Part may have an effective starting date at any point during a fiscal29 SB NO. 481
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year. No contract entered into hereunder shall have an initial effective date earlier1
than the date on which such contract receives the final statutorily required approval.2
However, with the approval of the state central purchasing agency, a state agency3
shall make payments to a vendor in those circumstances where it has utilized the4
data processing information technology equipment to be contracted prior to the5
actual receipt of the final statutorily required approval. The state central purchasing6
agency shall determine the size of the payments in accordance with the number of7
such days of utilization.8
E. Contract amendments. All changes, modifications, and amendments to any9
contract hereunder shall be approved in advance by the state central purchasing10
agency, in addition to any other statutorily required approvals. This Subsection shall11
not apply to contracts for maintenance or software, but amendments to such contracts12
may not increase the rates specified in such contracts to a figure greater than the13
vendor's published standard rates.14
F. Contract form. No contracts entered into hereunder shall be on preprinted15
contract forms supplied by a vendor, unless otherwise approved by the director of16
state purchasing.17
G. Proposal or bid incorporated into contract. Where written proposals or18
bids are submitted by vendors, the proposal or bid of the successful vendor shall be19
incorporated into the final contract consummated with that vendor.20
H. Letters of intent. Letters of intent may be issued by an agency to a vendor21
solely for the purpose of obtaining a delivery schedule with that vendor. All such22
letters must be clearly identified as such, and must be filed on issuance with the23
office of data processing information technology and the attorney general.24
I. Procurement support. All contracts covered under the provisions of this25
Chapter, in an amount greater than one hundred thousand dollars, whether for26
purchase or rental payments or fiscal intermediary services in processing claims of27
health care providers, or master agreements, but excluding taxes, transportation, and28
other related services, shall be entered into with the assistance of a procurement29 SB NO. 481
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support team as provided in Paragraph (2) below and in accordance with guidelines1
to be published by the state central purchasing agency.2
(1) Procurement support team participation must include, as a minimum,3
assistance in evaluation of bids and negotiation of contracts.4
(2) A procurement support team shall consist of a person chosen jointly by5
the speaker of the House of Representatives and the president of the Senate from6
among the attorneys on the legislative services staff of the House of Representatives7
or the staff of the Senate and one or more representatives from each of the following:8
the Division of Administration, central purchasing agency; the using agency9
initiating the procurement action; and the Legislative Fiscal Office. At least two10
members of the team shall have received formal training in computer contract11
negotiations. At least four members, one from each office or agency designated,12
must be present to constitute a quorum.13
J. Contract specifications. (1) A specification may be drafted which describes14
a product which is proprietary to one company only where no other kind of15
specification is reasonably available for the state to describe its requirements; or16
where there is a requirement for specifying a particular design or make of product17
due to factors of compatibility, standardization, or maintainability; and, where such18
specification includes language which specifically permits an equivalent to be19
supplied. Such specification shall include a description of the essential characteristics20
of the product.21
(2) Whenever proprietary specifications are used, the specifications shall22
clearly state that the proprietary characteristics are used only to denote the quality23
standard of the equipment desired and that such specifications do not restrict vendors24
to the specific brand, make, or manufacture; that they are used only to set forth and25
convey to prospective bidders the general style, type, character, and quality of26
equipment desired; and that equivalents will be acceptable.27
(3) The specifications in an invitation for bids shall contain a list of the28
factors to be considered in evaluating the responses to the invitation, and any weights29 SB NO. 481
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assigned to those factors. No other basis of evaluation shall be used with respect to1
bids received. When relevant, the following factors shall be included in the2
specifications: cost of transportation, installation, and conversion of operations;3
taxes; or cost of conversion to different equipment architecture.4
K. The provisions of this Part shall, with respect to the procurement of5
information technology systems or information technology services, supersede6
specifications of any contradictory or conflicting provisions of the following7
statutes: R.S. 38:2211 et seq. with respect to awarding of public contracts and8
R.S. 39:1551 through 1736, but all other provisions in Chapter 17 of Title 399
apply to all procurements under this Part. The provisions of this Part do not10
relate to the procurement of services covered by R.S. 39:1481 through 152611
except as provided in R.S. 39:198. The Louisiana Lease of Movables Act, R.S.12
9:3301 through 3342, shall not apply to the provisions of this Part.13
L. Volume discounts. The state director of purchasing, on behalf of one or14
more state agencies, may enter into non-binding agreements with vendors for the15
purpose of establishing volume discounts. Such agreements shall be based on the16
estimated usage and requirements of state agencies. In addition to specific17
authorizations contained in this Part, and pursuant to R.S. 39:15.2(C), the state18
chief information officer, with the approval of the commissioner of19
administration or his designee, shall have the power and authority to make20
necessary and reasonable regulations and orders to carry out the provisions of21
this Part, and such regulations and orders shall have the effect of law.22
M. Other laws. The provisions of this Part shall, with respect to the23
procurement of data processing equipment, related services, and software, supersede24
specifications of any contradictory or conflicting provisions of the following statutes:25
R.S. 39:330 with respect to the disposition of equipment; R.S. 38:2211 et seq. with26
respect to the awarding of public contracts; and Chapter 17 of Title 39. The27
provisions of this Part do not relate to the procurement of services covered by R.S.28
39:1481 through R.S. 39:1526.29 SB NO. 481
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Section 2. This Act shall become effective on July 1, 2014; if vetoed by the governor1
and subsequently approved by the legislature, this Act shall become effective on July 1,2
2014, or on the day following such approval by the legislature, whichever is later.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jay R. Lueckel.
DIGEST
Donahue (SB 481)
Present law provides for the office of information technology.
Proposed law recreates this office as the office of technology services.
Present law provides for the chief information officer who is referred to as the "CIO".
Provides that the CIO shall be appointed by the governor and report to the commissioner of
administration concerning the direction, stewardship, leadership, and oversight of
information technology and information resources.
Proposed law provides that nothing in these provisions shall apply to the public
postsecondary management boards or the Board of Regents as provided in Article VIII of
the Constitution of Louisiana.
Present law provides relative to elected officials that to accomplish the work of the office
of information technology services, all agencies as defined shall cooperate with the office
and provide assistance as required. However, if the office and a statewide elected official
cannot jointly agree on an information technology plan, system, or service for any agency
under his jurisdiction, then he may implement an information technology plan, system or
service of his own, upon finding just cause to do so and after giving notice of his actions and
reason therefore at a meeting of the Joint Legislative Committee on the Budget. Prior to
implementation, any such information technology plan, system or service adopted by a
statewide elected official shall be as compatible as is practical under the circumstances with
the state master technology plan.
Proposed law provides that nothing int these provisions shall apply to the authority of any
statewide elected officials relative to the authority to implement information technology
plans, systems, or services for any agency under their jurisdiction.
Proposed law renames this position as state chief information officer and adds authority for
the CIO to oversee operation of information technology and information resources.
Proposed law provides for additional duties and responsibilities including being responsible
for establishing and coordinating all information technology systems across the executive
branch of state government. Such coordination shall include telecommunications systems
and services; network systems and services; server systems and services; storage systems
and services; information technology security systems and services; related peripheral
systems and services; software and software application services; infrastructure and platform
systems and services; desktop computing systems and services; geographic information
systems and services; mobile device systems and services; video systems and services
(except those specifically reserved to the Louisiana Educational Television Authority); radio
systems, provided the operational abilities and priorities of two-way communications of the
departments in the executive branch are not impeded; and emerging and future information
technologies.
Proposed law further details the responsibilities and duties of the CIO and the office of SB NO. 481
SLS 14RS-602 ORIGINAL
Page 33 of 33
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
technology services, including acting as the sole centralized customer for the acquisition,
billing, and record keeping of information technology systems or services provided to state
agencies; developing coordinated information technology systems or services within and
among state agencies; and reviewing, coordinating, approving, or disapproving requests by
state agencies for information technology procurement.
Present law provides for data processing procurement.
Proposed law changes "data processing procurement" to "information technology
procurement" and provides that the CIO and the office of technology services shall have
authority for defining the specific information technology systems and services which shall
be applicable under information technology procurement. Proposed law provides updated
definitions for information technology procurement.
Present law provides for the types of contracts permitted under data processing procurement.
Proposed law changes "data processing" to "information technology" and further provides
for the types and terms of contracts permitted under information technology procurement.
Present law provides for methods of procurement.
Proposed law further specifies methods of procurement relative to information technology
and information services to encompass requests for proposal, laws and regulations governing
the state purchasing office, and other methods.
Present law provides for general procurement provisions. Provides for the establishment of
master purchase contracts for equipment provided by individual manufacturers.
Proposed law removes authority for establishing non-competitive master price agreements
although such competitively priced agreements shall be retained.
Proposed law clarifies the applicability of the Lease of Movable Act with respect to the
leasing of information technology equipment.
Proposed law retains present law, but changes "data processing" specifications to
"information technology".
Proposed law clarifies the applicability of the Lease of Movables Act with respect to the
leasing of information technology equipment under the Information Technology
procurement code.
Effective July 1, 2014.
(Amends R.S. 39:15.1, 15.2, 15.3, 196, 197, 198, 199, and 200)