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Regular Session, 2014 ENROLLED
SENATE BILL NO. 481
BY SENATOR DONAHUE
AN ACT1
To amend and reenact R.S. 36:4(B)(1)(e), Subpart C of Part I of Chapter 1 of Subtitle I of2
Title 39 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 39:15.1,3
15.2, 15.3, and Part V-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana4
Revised Statutes of 1950, to be comprised of R.S. 39:196, 197, 198, 199, and 200,5
all relative to technology and technology procurement; to provide for the structure6
of the executive branch of state government; to change the office of information7
technology to the office of technology services; to provide for the state chief8
information officer to replace the chief information officer; to grant authority over9
procurement for information technology systems and services to the state chief10
information officer; to provide for additional duties and responsibilities of the office11
of technology services relative to operations, procurement, and customer service12
charges; to place the office of telecommunications management under the state chief13
information officer; to provide authority for centralized information technology14
procurement under the office of technology services and the state chief information15
officer; to provide for certain reporting requirements; to provide relative to certain16
multi-year contracts; to provide for an effective date; and to provide for related17
matters.18
Be it enacted by the Legislature of Louisiana:19
Section 1. R.S. 36:4(B)(1)(e) is hereby amended and reenacted to read as follows:20
§4. Structure of executive branch of state government21
* * *22
B. The office of the governor shall be in the executive branch of state23
government.24
(1) The following agencies and their powers, duties, functions, and25
responsibilities are hereby transferred to the office of the governor:26
* * *27 SB NO. 481 ENROLLED
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(e) The office of information technology services (R.S. 39:15.1 et seq.),1
including the Louisiana Geographic Information Systems Council (R.S. 49:1051 et2
seq.), within the division of administration.3
* * *4
Section 2. Subpart C of Part I of Chapter 1 of Subtitle I of Title 39 of the Louisiana5
Revised Statutes of 1950, comprised of R.S. 39:15.1, 15.2, 15.3, and Part V-A of Chapter6
1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S.7
39:196, 197, 198, 199, and 200, are hereby amended and reenacted to read as follows:8
SUBPART C. OFFICE OF INFORMATION TECHNOLOGY SERVICES9
§15.1. Office of information technology services; scope10
The office of information technology services shall have authority over all11
information technology systems and services for agencies in the executive branch of12
state government, except for any agency of a statewide elected official. The office13
shall have no authority over the legislative or judicial branches of state government14
or agencies thereof. However, nothing provided in this Subpart shall apply to the15
public postsecondary management boards or the Board of Regents as provided16
in Article VIII of the Constitution of Louisiana.17
§15.2. Office of information technology services; state chief information officer18
A. The office of information technology services is established within the19
division of administration. This office shall be headed by the state chief information20
officer, hereafter referred to in this Part as the "CIO." The CIO will serve as the21
spokesperson for all matters related to information technology and resources,22
including Geographic Information Systems (GIS), with regard to policies, standard23
setting, deploymen t, strategic and tactical planning, acquisition, management, and24
operations as necessary and in keeping with the industry trends of the private and25
public sectors. Rules and regulations shall be promulgated, in accordance with the26
Administrative Procedure Act, as may be necessary to carry out the provisions of this27
Subpart.28
B. The CIO shall be appointed by the governor and serve in the executive29
department of the division of administration, and shall be in the unclassified service.30 SB NO. 481 ENROLLED
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The CIO shall report to the commissioner of administration concerning his1
responsibilities to provide direction, stewardship, leadership, operation, and general2
oversight of information technology and information resources. The salary of the3
CIO shall be determined by the commissioner of administration. Support staff,4
office facilities, and operating expenses shall be provided by the division of5
administration.6
C. The CIO shall also perform all duties and functions that the commissioner7
of administration deems necessary for the proper, efficient, and economical8
administration of information technology.9
D. The CIO shall be the principal adviser to the governor and the executive10
cabinet on information technology policy, including policy on the acquisition and11
management of information technology and resources.12
E. The CIO may delegate his authority under this Subpart to such13
designees or to any agency as defined in R.S. 39:2(2) as he may deem14
appropriate within the limitations of state law and regulations.15
§15.3. Office of information technology services; offices and staff; duties16
A. The office of information technology services shall consist of executive17
offices and staff as deemed necessary for effective information technology18
governance, acquisition and operation.19
B. The state chief information officer shall manage and direct the office of20
information technology services, with roles, duties, and activities including but not21
limited to the following:22
(1) Establishing and coordinating all information technology systems23
and information technology services affecting the management and operations24
of the executive branch of state government. The office of technology services25
shall, subject to the provisions of this Subpart, have sole authority and26
responsibility for defining the specific information technology systems and27
information technology services to which the provisions of this Subpart shall be28
applicable. Information technology systems, including equipment and related29
services, and information technology services shall mean the equipment and30 SB NO. 481 ENROLLED
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services and means necessary to provide, including but not limited to the1
following:2
(a) Telecommunications systems and services.3
(b) Network systems and services.4
(c) Server systems and services.5
(d) Storage systems and services.6
(e) Information technology security systems and services.7
(f) Related peripheral systems and services.8
(g) Software and software application services.9
(h) Infrastructure and platform systems and services.10
(i) Desktop computing systems and services.11
(j) Geographic information systems and services.12
(k) Mobile device systems and services.13
(l) Video systems and services, except those video systems and services14
specifically reserved to the Louisiana Educational Television Authority15
pursuant to R.S. 17:2501.16
(m) Radio systems, to include but not be limited to two-way radio17
systems; however, the operational abilities and priorities of two-way18
communications of the departments in the executive branch shall not be19
impeded.20
(n) Any and all systems and services based on emerging and future21
information technologies relating to Subparagraphs (a) through (k) of this22
Paragraph.23
(2) Overseeing and implementing a state master information technology plan24
on an annual basis.25
(2)(3) Establishing and directing the implementation of information26
technology standards, architecture, and guidelines suitable for statewide application27
for hardware, software, services, contractual arrangements, consolidation of systems28
and management of systems.29
(3)(4) Reviewing, coordinating, and standardizing information technology30 SB NO. 481 ENROLLED
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strategic business technology planning, information technology procurement,1
information technology budgeting (both executive and capital outlay), and2
information technology personnel and training.3
(4)(5) Implementing strategic information technology planning, including the4
review and approval of the planning, initiation, design, acquisition, and operation of5
information technology systems.6
(5)(6) Assessing the performance of information technology systems and7
technology operations and personnel including establishing accountability,8
performance measurement, and benchmarking policies and procedures.9
(6)(7) Overseeing and coordinating the centralization of the technology10
systems and data processing systems, including consolidation, outsourcing, and11
sharing statewide government information technology resources and services.12
(7)(8) Overseeing all telecommunication systems.13
(8)(9) Assuring compatibility and connectivity of Louisiana's information14
systems.15
(9)(10) Facilitating and fostering innovative applications of emerging16
technologies that provide cost-effective solutions for improving government17
operations and services.18
(10)(11) Reviewing and overseeing information technology projects and19
systems for compliance with statewide strategies, policies, and standards, including20
alignment with state government's business goals, investment, and other risk21
management policies.22
(11)(12) Providing support and technical assistance to the office of state23
purchasing, the office of contractual review, the office of facility planning and24
control, and the office of planning and budget, and the Louisiana Technology25
Innovations Council.26
(12)(13) Overseeing and coordinating access to state information that is27
electronically available online from agency web sites.28
(13)(14) Facilitating a process among state agencies to identify services that29
are favorable for electronic delivery, and maintaining an electronic directory of state30 SB NO. 481 ENROLLED
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services.1
(14)(15) Providing direction to the Louisiana Geographic Information2
Systems Council and the Louisiana Geographic Information Center (LAGIC) for3
coordination of geographic data, geographic technology, and geographic standards4
of the state.5
(15)(16) Identifying information technology applications that should be6
statewide in scope, and ensuring that these applications are not developed7
independently or duplicated by individual state agencies of the executive branch.8
(16)(17) Reviewing and approving the receipt by executive agencies of9
information technology goods and services and telecommunication systems and10
services from non-appropriated sources, including but not limited to grants,11
donations, and gifts.12
(17)(18) Preparing annual reports and plans concerning the status and result13
of the state's specific information technology plans and submitting these annual14
reports and plans to the governor and the legislature.15
(18)(19) Facilitating and fostering the identification of the policy and16
planning data needs of the state.17
(19)(20) Charging respective user agencies for the cost of the information18
technology services provided by the office of information technology systems and19
information technology services provided by the office of technology services20
and may include all or part of the cost of the operation of the office. These costs21
shall be charged in a consistent and equitable manner.22
(21) Acting as the sole centralized customer for the acquisition, billing,23
and record keeping of information technology systems or information24
technology services provided to state agencies. The ownership of such systems25
procured by the office of technology services may vest in the respective agency,26
but control of the systems shall be retained by the office of technology services.27
(22) Developing coordinated information technology systems or28
information technology services within and among all state agencies and29
require, where appropriate, cooperative utilization of information technology30 SB NO. 481 ENROLLED
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systems and information technology services by aggregating users. However,1
nothing provided in this Section shall apply to the authority for operation of the2
National Crime Information Center.3
(23) Reviewing, coordinating, approving, or disapproving requests by4
state agencies for the procurement of information technology systems or5
information technology services including information technology proposals,6
studies, and contracts.7
C. To accomplish the work of the office of information technology services,8
all agencies as defined in R.S. 39:2 shall cooperate with the office of information9
technology services and provide assistance as required. However, if the office of10
information technology and a statewide elected official cannot jointly agree on an11
information technology plan, system, or service for any agency under his12
jurisdiction, then he may implement an information technology plan, system or13
service of his own, upon finding just cause to do so and after giving notice of his14
actions and reason therefore at a meeting of the Joint Legislative Committee on the15
Budget. Prior to implementation, any such information technology plan, system or16
service adopted by a statewide elected official shall be as compatible as is practical17
under the circumstances with the state master technology plan nothing in this18
Subpart shall apply to the authority of any statewide elected official relative to19
his authority to implement information technology plans, systems, or services20
for any agency under his jurisdiction.21
D. The information, technology, personnel, agency resources, and records of22
the Integrated Criminal Justice Information System as established by R.S. 15:122823
through 1228.8 and its components shall be excluded from the provisions of this Part24
and shall not be under the authority of the office of information technology services.25
E. Beginning October 1, 2014, the state chief information officer shall26
report quarterly to the Joint Legislative Committee on the Budget on the status27
of the consolidation of the information technology functions of the executive28
branch of state government. The report shall provide information on29
organizational changes within the division of administration, as well as30 SB NO. 481 ENROLLED
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organizational changes between the office of technology services and the other1
executive branch agencies. The report shall include information and data on2
personnel changes, changes in purchasing and procurement, and any budgetary3
changes that have occurred.4
* * *5
PART V-A. DATA PROCESSING INFORMATION TECHNOLOGY6
PROCUREMENT7
§196. Application of Part: responsibility for determining; executive director of8
information services state chief information officer9
A. The provisions of this Part shall be applicable to all state agencies in the10
executive branch, as defined in R.S. 39:2(1) 36:3(1), except for any agency of a11
statewide elected official, with respect to the purchase, lease, and rental of all data12
processing information technology equipment, related services, and software.13
B. The state central purchasing agency shall, subject to the provisions of this14
Part, have sole authority and responsibility for defining the specific data processing15
equipment, related services, and software to which the provisions of this Part shall16
be applicable. The office of technology services shall, subject to the provisions of17
this Part, have sole authority and responsibility for defining the specific18
information technology systems and information technology services to which19
the provisions of this Part shall be applicable. Rules and regulations shall be20
promulgated as may be necessary to carry out the provisions of this Part.21
§197. Definitions22
For the purposes of this Part, the following words and phrases shall be23
defined as follows:24
(1) "Agency" shall have the same meaning ascribed to it as provided in25
R.S. 36:3(1).26
(2) "Competitive sealed bidding" means a method of procurement which27
strictly follows the requirements set forth in Chapter 17 of Title 39 of the28
Louisiana Revised Statutes of 1950 except for such variations as are specifically29
established herein.30 SB NO. 481 ENROLLED
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(3) "Procurement" means the selling, buying, purchasing, renting,1
leasing, or otherwise obtaining information technology systems, information2
technology services, or its related software, as well as all activities engaged in,3
resulting in, or expected to result in the selling, buying, purchasing, renting,4
leasing, or otherwise obtaining information technology systems, information5
technology services, or its related software by the state or its agencies.6
(4) "Software" means computer programs and documentation essential7
to and necessary for an information technology system or information8
technology service to perform productive operations.9
(5) "Information technology service contract" means a contract for the10
procurement of information technology services to include but not be limited11
to software as a service, infrastructure as a service, platform as a service,12
application hosting services, or installation and configuration services.13
(6) "Information technology systems", which shall include information14
technology equipment and related services, and "information technology15
services" are limited to the equipment and services and means to provide:16
(a) Server systems and services.17
(b) Storage systems and services.18
(c) Information technology security systems and services.19
(d) Related peripheral systems and services.20
(e) Software and software application services.21
(f) Infrastructure and platform systems and services.22
(g) Desktop computing systems and services.23
(h) Geographic information systems and services.24
(i) Mobile device systems and services.25
(j) Any and all systems and services based on emerging and future26
information technologies relating to Subparagraphs (a) through (i) of this27
Paragraph.28
(7) "Information technology systems contract" means a contract for the29
procurement of information technology systems including equipment and30 SB NO. 481 ENROLLED
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related services to include but not be limited to installation and maintenance.1
(8) "Information technology systems lease contract" means a contract2
between a supplier of information technology systems and the division of3
administration, office of technology services, or the procuring agency, through4
which information technology systems may be procured for a term which shall5
not exceed ten years. The contract may be either an operating lease, installment6
purchase, or a financed lease without a balloon payment.7
(9) "Utility" means any information technology service provided by the8
office of technology services and used in the essential operations of a state9
agency, such as system authentication, data replication, and system utilization10
and performance management.11
(10) "Related services" means and is limited to service activities affecting the12
maintenance of data processing information technology equipment or software and13
the providing of fiscal intermediary services in processing claims of health care14
providers. Notwithstanding any other provisions of law to the contrary, "related15
services" shall also mean those consulting services ancillary to the procurement of16
data processing information technology hardware or software that would otherwise17
be governed by the provisions of professional, personal, consulting, and social18
services procurement in Chapter 16 of this Title, provided those consulting services19
are limited to the lesser of twenty percent of the procurement amount or two hundred20
fifty thousand dollars.21
(2)(11) "Direct order contract" means a contract which covers a specific class22
of data processing information technology equipment, software, or services, or a23
contract which covers a single, specific class of data processing information24
technology equipment, software, or services, and all features associated with that25
class and through which state agencies may procure the item of hardware specified26
by issuing a purchase order under the terms of the contract, without the necessity of27
further competitive bidding.28
(3)(12) "Multi-year contract" means contracts for a term of more than one29
year, not to exceed ten years and includes the following:30 SB NO. 481 ENROLLED
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(a) Contracts between a supplier of data processing equipment, information1
technology systems, information technology services, and software, and related2
services, and the state or a state agency through which data processing equipment,3
information technology systems, information technology services, and software,4
and related services except for fiscal intermediary services for the processing of5
claims of health care providers, may be leased or purchased for a term of more than6
one fiscal year, but the term shall not exceed sixty months.7
(b) Contracts for fiscal intermediary services for the processing of claims8
received from health care providers.9
(4)(13) "Rental contract" means and includes contracts between a supplier of10
data processing information technology equipment and the state, or a state agency,11
through which data processing information technology equipment may be leased12
for a term not to exceed one fiscal year, such contracts to include the right of13
termination by the state upon notice of ninety days or less, and to be renewable, upon14
review and recommendations of the procurement support team and review and15
approval by the office of data processing information technology, with such16
renewal to be limited to one additional term not to exceed twelve months.17
(5) "Software" means computer programs and documentation essential to and18
necessary for a computer to perform productive operations.19
(6)(14) "Competitive sealed bidding" means a method of procurement which20
strictly follows the requirements set forth in Chapter 17 of Title 39 this Title except21
for such variations as are specifically established herein.22
(7) "Procurement" means and includes the selling, buying, purchasing,23
renting, leasing, or otherwise obtaining data processing equipment, related services24
or software, as well as all activities engaged in, resulting in or expected to result in25
the selling, buying, purchasing, renting, leasing or otherwise obtaining of data26
processing equipment, related services or software by the state or its agencies.27
(8)(15) "Emergency acquisitions or rentals of data processing information28
technology" means a method of procurement utilized when there exists a threat to29
the public health, welfare, safety or public property.30 SB NO. 481 ENROLLED
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(9)(16) "Master agreement" means an agreement between the state and a1
vendor which specifies the general terms and conditions under which parties will2
routinely conduct procurement business.3
(10)(17) "Purchase contract" means a contract that is utilized for the direct4
acquisition of certain equipment, including but not limited to data processing5
information technology, word processing, micro desktop computers, server6
systems, storage systems, mobile computing systems, peripheral systems,7
software, and related services. Such contract shall contain the terms and conditions8
pertinent to the rights and obligations of both the state and the vendor. Any purchase9
by direct acquisition under the terms of the purchase contract will require one single10
payment, and title shall pass to the state upon the date of purchase as defined in the11
contract unless the purchase contract is amended by an installment payment contract.12
(11)(18) "Installment-payment contract" means a contract which amends and13
is incorporated into a purchase contract and is utilized to finance with the vendor the14
purchase of certain equipment, including but not limited to data processing15
information technology, word processing, micro desktop computers, server16
systems, storage systems, mobile computing systems, peripheral systems,17
software, related services, and related supplies or a contract which itself alone is18
utilized to procure such equipment from a contractor and provides therein for19
payment in a set of installments over a fixed period of time. An installment payment20
contract shall arrange for a method of financing with payment being made in a set21
of installment payments over a fixed period of time in accordance with the22
provisions of the contract and shall provide for the vendor to deliver title to the23
governmental body in accordance with such terms.24
(19) "Financed lease" means a contract or lease of an information25
technology system made pursuant to a solicitation for procurement, according26
to which:27
(a) The successful proposer, as lessor, shall retain title to the information28
technology system, although the using agency, as lessee, shall take possession of29
the system.30 SB NO. 481 ENROLLED
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(b) Payments shall be made by the lessee according to a payment1
schedule to the lessor.2
(c) The lessor may transfer its designation as lessor to its choice of3
financial institution; however, such transfer shall have no effect on the4
contracted payment schedule, contracted interest rate, or any other right or5
obligation of either the lessee or lessor under the contract.6
§198. Types of contracts permitted7
A. The types of contracts permitted in the procurement of data processing8
information technology systems, information technology services, equipment,9
related services, and software are defined herein in this Part, and the provisions of10
this Part supersede, with respect to such procurements, any existing conflicting11
statutory provisions and supplement the provisions of R.S. 39:1551 through 1736.12
B. The office of technology services, through the state purchasing office,13
may, on behalf of any state agency, enter into information technology systems14
contracts in accordance with the following provisions:15
(1) Contracts of this type shall be entered into through a request for16
proposals as provided in R.S. 39:199. An invitation to bid format may be17
utilized with written approval from the state chief information officer.18
(2) The term of such contracts shall not exceed five years.19
C. The office of technology services, through the state purchasing office,20
may on behalf of any state agency, enter into information technology services21
contracts in accordance with the following provisions:22
(1) Contracts of this type shall be entered into through a request for23
proposals as provided in R.S. 39:199. An invitation to bid format may be24
utilized with written approval from the state chief information officer.25
(2) The term of such contracts shall not exceed ten years.26
D. The office of technology services, through the state purchasing office,27
may on behalf of any state agency, enter into a information technology systems28
lease contract for an operating lease, installment purchase, or financed lease for29
information technology systems in accordance with the following provisions:30 SB NO. 481 ENROLLED
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(1) All contracts of this type shall be entered into through a request for1
proposals as provided in R.S. 39:199.2
(2) The justification of such contracts must be approved by the office of3
technology services prior to issuance of a request for proposals. Such4
justification shall identify and consider all cost factors relevant to that contract.5
(3) The term of such contracts shall not exceed ten years, except financed6
contracts shall be for a term not to exceed the economic life of the system or ten7
years, whichever is less.8
(4) Upon the advance written approval of the office of technology9
services, state agencies may extend operating leases of information technology10
systems on a month-to-month basis for a period not to exceed one calendar year11
for the stated lease prices.12
E. Notwithstanding the provisions of R.S. 39:1615 to the contrary, the13
use of a multi-year contract for information technology systems and14
information technology services shall be in accordance with rules and15
regulations and under the following conditions:16
(1) The state chief information officer shall approve in writing the use of17
a multi-year contract over one year, not to exceed three years.18
(2) The director of the state purchasing office shall approve in writing19
the use of a multi-year contract over three years, not to exceed five years.20
(3) The commissioner of administration, or his designee, shall approve21
in writing the use of a multi-year contract over five years.22
(4) A report of all multi-year contracts shall be provided to the Joint23
Legislative Committee on the Budget no later than ninety days after the end of24
each fiscal year.25
A F. Direct order contracts. The division of administration office of26
technology services, through the state central purchasing agency, shall, on behalf of27
all state agencies, enter into a direct order contract with a vendor of data processing28
information technology equipment for the purchase, rental, or both, of such29
equipment in accordance with the following provisions:30 SB NO. 481 ENROLLED
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(1) Specifications for direct order contracts. Specifications for direct order1
contracts shall be developed in advance and shall conform to the following2
requirements:3
(a) Specifications for direct order contracts shall cover a specific class of4
equipment and may include all features associated with that class.5
(b) Specifications in the invitation for bids for direct order contracts shall be6
developed by the office of data processing information technology.7
(c) Specifications shall be based on the projected needs of user agencies.8
(d) Specifications for direct order contracts for the purchase and/or rental of9
data processing information technology equipment may include specifications for10
the maintenance of the equipment desired.11
(2) Procurement of direct order contracts. The initial procurement of a direct12
order contract, and procurement of equipment by using agencies under a direct order13
contract, shall be as defined herein:14
(a) Direct order contracts shall be awarded by competitive sealed bidding.15
(b) A using agency may procure required data processing information16
technology equipment available under a direct order contract through release of a17
purchase order for the required equipment to the vendor holding a direct order18
contract. However, such procurement by purchase order shall be accomplished in19
accordance with the procedures and regulations prescribed by the state central20
purchasing agency in the Division of Administration division of administration and21
shall be subject to all other statutory requirements.22
(3) The final authority for entering into direct order contracts shall rest with23
the Division of Administration division of administration, and such contracts shall24
be executed by the purchasing office, in accordance with procedures and regulations25
defined by the Division of Administration division of administration.26
(4) Terms and conditions of direct order contracts. Direct order contracts27
shall include the following terms and conditions:28
(a) Direct order contracts for data processing information technology29
equipment are subject to the following requirements:30 SB NO. 481 ENROLLED
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(i)(a) Direct order contracts shall be valid for not more than three fiscal years.1
(ii)(b) The prices stated in such contract shall be firm for the period of the2
contract; except that, all such contracts shall include a clause granting to the state the3
benefit of any general price reductions effected by the vendor during the term of the4
contract.5
(iii)(c) Individual items of computer hardware which may be included under6
a direct order contract may not have a purchase price greater than seventy-five7
thousand dollars or a monthly rental price greater than two thousand dollars. Such8
price shall not include costs of maintenance, taxes, or transportation.9
(iv)(d) Direct order contracts shall include the annual appropriation10
dependency clause set forth in Subparagraph BG(1)(d) of this Section.11
(v)(e) Direct order contracts may be extended into one additional fiscal year12
only under the following conditions:13
(aa)(i) Such extension of a direct order contract shall be subject to the14
approval of the office of data processing information technology.15
(bb)(ii) The vendor may increase rental prices for the term of the additional16
fiscal year by an amount equal to the lesser of any increase permitted by that17
vendor's contract with the General Services Administration of the United States18
Government for such equipment, or any increase in that vendor's published list prices19
for such equipment, during that fiscal year; provided that, such increase may not20
exceed ten percent, and the increase must have been authorized by the initial direct21
order contract.22
(vi)(f) Items covered by a direct order contract may also be acquired through23
additional competitive sealed bidding.24
B.G. Multiyear contracts other than direct order contracts and contracts for25
fiscal intermediary services in processing claims of health care providers. State26
agencies may enter into contracts for the lease or purchase of data processing27
equipment information technology systems, information technology services, or28
software when the term of such lease or purchase is greater than twelve months or29
involves more than one fiscal year in accordance with the following provisions:30 SB NO. 481 ENROLLED
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(1) General terms and conditions for multiyear contracts shall be as follows:1
(a) All contracts of this type shall be entered into through competitive sealed2
bidding.3
(b) The justification of such contracts must be presented to the state central4
purchasing agency prior to issuance of an invitation for bids. Such justification shall5
identify and consider all cost factors relevant to that contract.6
(c) The term of such contract shall not exceed sixty months.7
(d) All such contracts must contain the following annual appropriation8
dependency clause:9
"The continuation of this contract is contingent upon the continuation of an10
appropriation of funds by the legislature to fulfill the requirements of the contract.11
If the legislature fails to appropriate sufficient monies to provide for the continuation12
of a contract or if such appropriation is reduced by the veto of the governor or by any13
means provided in the Appropriation Act or Title 39 of the Louisiana Revised14
Statutes of 1950 to prevent the total appropriations for the year from exceeding15
revenues for that year or for any other lawful purpose and the effect of such16
reduction is to provide insufficient monies for the continuation of the contract, the17
contract shall terminate on the date of the beginning of the first fiscal year for which18
funds are not appropriated."19
(e) The state central purchasing agency in the Division of Administration20
division of administration shall maintain a list of all multi-year contracts. This list21
must show at a minimum the name of the vendor, the annual cost of each contract,22
and the term of the contract.23
(f) All such contracts for lease must contain a clause granting to the state the24
benefit of any general price reduction effected by the vendor during the term of the25
contract.26
(g) With respect to all such contracts for purchase, there shall be no27
provisions for a penalty to the state for the early payment of the contract.28
(2) Provisions relating to multi-year contracts for software:29
(a) Contracts for software which extend for periods greater than twelve30 SB NO. 481 ENROLLED
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months or which cover all or a portion of more than one fiscal year, but which1
require only a single payment by the state to the vendor, may be entered into by any2
state agency, without regard to the specific requirements of Paragraph (1) of this3
Subsection.4
(3) Provisions relating to multi-year contracts for the installment payment of5
financing for certain equipment, including but not limited to data processing, word6
processing, micro desktop computers, server systems, storage systems, mobile7
computing systems, peripheral systems, software, and related services are as8
follows:9
(a) Installment-payment contracts will be entered into with vendors of the10
defined equipment by the Division of Administration division of administration11
through the state central purchasing agency on behalf of all state agencies in12
accordance with rules and regulations adopted by the director of central purchasing.13
(b) Installment-payment contracts may serve as amendments to and be14
incorporated into the vendor purchase contracts.15
(c) The installment-payment contract may serve as a financing agreement and16
may contain only those provisions pertinent to the payment obligation, including but17
not limited to payment schedule and rate, provisions of default, assignment of18
payment stream, early payment, passage of title, and insurance coverage.19
(d) Each contract shall contain an annual dependency clause, as defined in20
R.S. 39:198(B)(1)(d) Subparagraph (G)(1)(d) of this Section.21
(e) Installment-payment contracts utilized in procuring microcomputer22
equipment, word processing, software, and maintenance through brand name23
contracts shall contain a fixed interest for the term, which will generally be defined24
as one fiscal year, of the brand name contract. The interest rate is to be bid by the25
vendor, accepted by central purchasing, and approved by the State Bond26
Commission.27
(f) Interest rates for individual procurements of equipment either through the28
competitive sealed bid process or under the terms of the applicable brand name29
contract shall be fixed for the term of the multi-year contract specific to that30 SB NO. 481 ENROLLED
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individual procurement.1
(g) The term of an installment-payment contract utilized for the equipment2
defined herein shall not exceed sixty months.3
(4) Provisions relating to the procurement of information technology4
consulting services through the office of technology services shall be conducted5
in accordance with the provisions of R.S. 39:1481 through 1526.6
C.H. Rental Contracts. Upon the advance written approval of the state central7
purchasing agency, state agencies may enter into contracts for the rental of data8
processing information technology equipment and related services on a month-to-9
month basis for a period not to extend beyond the end of the fiscal year in which the10
contract is made. All such contracts shall be entered into only as a result of11
competitive sealed bidding procedures.12
(1) Equipment currently installed, or installed at the beginning of a fiscal year13
under a valid rental contract, may be retained at the end of the fiscal year by14
renewing or extending the existing rental contract for one additional term, not to15
exceed twelve months, without competitive sealed bidding procedures, subject to the16
following provisions:17
(a) All prices under a fiscal year rental contract shall be no greater than the18
supplier's established catalogue price and shall be firm for the fiscal year in which19
the contract is made, with the exception that the state shall be entitled to any general20
price reductions effected by the supplier during the term of the contract.21
(b) All rental contracts shall have a notice of termination provision in favor22
of the state not to exceed ninety days and shall allow termination of the contract as23
it applies to specific equipment or services without termination of the entire contract.24
(c) Renewal of a rental contract shall be subject to the advance review and25
recommendation of the procurement support team and to the advance written26
approval of the state central purchasing agency and shall only be permitted only if27
any proposed price increases do not exceed the supplier's current published list28
prices.29
(2) Termination of a rental contract may be effected, in addition to any other30 SB NO. 481 ENROLLED
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legal reasons, by the state central purchasing agency, which shall have authority to1
direct a user agency to terminate, with adequate notice, a rental contract for the2
failure of any party to comply with the provisions herein, and to initiate competitive3
sealed bidding procedures in order to retain or replace the equipment affected by4
termination.5
D. I. Contracts for fiscal intermediary services in processing claims of health6
care providers. State agencies may enter into contracts for fiscal intermediary7
services in processing claims of health care providers. The term of such a contract8
shall be one hundred twenty months. In the event special circumstances, as provided9
in Paragraph (9) of this Subsection, necessitate, additional one-year extensions of10
the contract may be granted. The award process and final contract shall include the11
following:12
(1) Contracts for fiscal intermediary services in processing claims of health13
care providers shall be awarded by a competitive selection process which shall list14
in the solicitation for proposals the method by which the contract shall be awarded15
and include all criteria to be used and the weights assigned to each criterion. The16
procedure for issuance of the solicitation for proposals shall be in accordance with17
guidelines published by the state central purchasing agency. The selection of the18
contractor shall be made by the head of the using agency only in accordance with the19
method and criteria as set forth in the solicitation for proposals and in accordance20
with the recommendation of the procurement support team.21
(2) Justification for the contract shall be submitted to the state central22
purchasing agency and shall be submitted to the House and Senate committees on23
health and welfare at least forty-five days prior to the issuance of a solicitation for24
proposals. Within thirty days of receipt of the justification by the House and Senate25
committees on health and welfare, either committee may convene a meeting26
separately or jointly for the purpose of conducting a public hearing on the27
justification which was submitted. Such justification shall include identification and28
consideration of all factors, including costs, relevant to the solicitation for proposals29
and the final contract.30 SB NO. 481 ENROLLED
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(3) The one-hundred-twenty-month term of such contract shall be divided1
into one period of between thirty-six months and sixty months, immediately followed2
by successive twelve-month periods. The state shall have an option to renew such3
contract for each of the twelve-month periods. If the state does not exercise its option4
to renew, the contract shall be terminated. In the event special circumstances occur,5
as provided in Paragraph (9) of this Subsection, additional twelve-month extensions6
of the contract may be granted.7
(4) In addition to other provisions as required by law or in the best interests8
of the state, such contract shall contain provisions setting forth, (a) the amount and9
requirements of the contractor's performance bond, (b) penalty and enforcement10
provisions for the failure of the contractor to perform in accordance with the contract11
documents, (c) conditions for optional renewal of the contract by the state in12
accordance with the provisions of this Subsection, and (d) requirements for13
termination of the contract by the state at any time, or for cause, or upon the refusal14
of the state to exercise an option to renew such contract.15
(5) Issuance of specifications for a solicitation for proposals on a contract for16
fiscal intermediary services in processing claims of health care providers shall be17
made at least twelve months prior to the termination date of an existing contract,18
unless the contract termination is for cause or due to the refusal of the state to19
exercise an option to renew.20
(6) No award of the contract shall be made until the House and Senate21
committees on Health and Welfare health and welfare, meeting jointly or a joint22
subcommittee thereof has conducted a public hearing concerning such award.23
(7) No award of the contract shall be made later than eight months prior to24
the termination date of an existing contract, unless the contract termination is for25
cause or due to the refusal of the state to exercise an option to renew.26
(8) No option to renew such contract shall be exercised by the state until the27
following criteria have been satisfied:28
(a) The Department of Health and Hospitals has conducted a public hearing29
concerning such renewal.30 SB NO. 481 ENROLLED
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(b) The Department of Health and Hospitals submits to the House and Senate1
committees on health and welfare a notice of intention by the Department of Health2
and Hospitals to exercise the option to renew such contract and a copy of any public3
testimony which was taken at the public hearing held by the Department of Health4
and Hospitals. The House and Senate committees on health and welfare, meeting5
separately or jointly, may hold a public hearing concerning such renewal within6
thirty days following the receipt of a notice of intention by the Department of Health7
and Hospitals to exercise the option to renew such contract.8
(c) The House and Senate committees on health and welfare, meeting9
separately or jointly, have conducted a public hearing concerning such renewal or10
thirty days have elapsed from the date the Department of Health and Hospitals11
submitted a notice of intention to renew such contract to the House and Senate12
committees on health and welfare and neither committee has posted a public notice13
of meeting concerning the renewal of such contract.14
(9) In the event the Department of Health and Hospitals and/ or the United15
States Department of Health and Human Services, Health Care Financing16
Administration Centers for Medicare and Medicaid Services proposes substantial17
changes in the operations of the Medicaid program that would materially impact the18
services performed by the fiscal intermediary, the Department of Health and19
Hospitals may, subject to the approval of the House and Senate committees on health20
and welfare, approve additional extensions of the contract until such time as it is21
practical to prepare a solicitation for proposals describing the revised services that22
would be performed by the fiscal intermediary. During the time frame covered by23
any extension beyond the original one-hundred-twenty-month period, the fiscal24
intermediary may be required to perform additional functions to assist in preparing25
the Department of Health and Hospitals in the transition to the new program. Such26
functions shall include existing fiscal intermediary services as well as efforts to27
control fraud and abuse, program reports, beneficiary enrollment and program28
information services, encounter data, and annual managed care negotiation data.29
E.J. Master Agreements. The state director of purchasing may enter into30 SB NO. 481 ENROLLED
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master agreements with vendors with which the state conducts substantial business1
over a period of time.2
(1) Such agreements shall set forth those terms and conditions of specific3
legal import which relate to the basic provisions according to which procurement4
activity will be conducted, and shall meet the following requirements:5
(a) Such agreements may be for any term up to sixty months.6
(b) All agreements must contain a clause providing that any changes7
mandated by state or federal law, whether legislative or judicial, will be8
incorporated; however, if such a change is not acceptable to either party, the affected9
term or terms of the contract shall be renegotiated and, if agreement cannot be10
reached, shall be stricken from the contract.11
(c) A specific provision of any such agreement may be waived or changed12
only once during the term of the agreement, by mutual consent, expressed in writing.13
(d) Each master agreement must be negotiated by a procurement support14
team and executed on behalf of the state by the state director of purchasing.15
(2) Vendors may refer to the master agreement on file with the state director16
of purchasing when responding to invitations for bids for specific items of data17
processing information technology equipment, related services, or software. Such18
bid responses must include a proposed schedule incorporating the terms of the master19
agreement and further detailing the items and prices bid. The selected vendor and the20
procuring agency shall sign the schedule and submit it to the state central purchasing21
agency for approval.22
(3) The state director of purchasing, subject to the approval of commissioner23
of administration, shall have authority for determining when and if master24
agreements may be used. Notwithstanding any other provisions of this Part, master25
agreements shall not be used to circumvent the competitive bid process otherwise26
required by law.27
F.K. The Department of Public Safety and Corrections may enter into a28
multiyear contract not to exceed ten years when contracting for the Video Gaming29
Monitoring System for the purposes described in R.S. 27:302(A)(5)(o) R.S.30 SB NO. 481 ENROLLED
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27:405(B)(1). This contract may be awarded by the competitive request for proposal1
procedures set forth in R.S. 39:1593(C).2
G.L. The Department of Wildlife and Fisheries may enter into a multiyear3
contract not to exceed ten years when contracting for the issuance of hunting and4
fishing licenses through an electronic issuance system as authorized by R.S. 56:30.1.5
This contract may be awarded by the competitive request for proposal procedures set6
forth in R.S. 39:1593(C).7
M. Any contract entered into for a period of more than three years as8
authorized by this Section shall be subject to prior approval of the Joint9
Legislative Committee on the Budget.10
§199. Methods of procurement11
A. The only methods of procurement permitted for the acquisition of data12
processing equipment, related services, or software are those defined in this Section.13
Except as provided in Subsection B, all procurement of computer hardware shall be14
by competitive sealed bidding. The office of technology services, through the15
state purchasing office, may procure information technology systems and16
information technology services by a request for proposals to conform with the17
following requirements:18
(1) Public notice of the request for proposals shall be the same as for an19
invitation to bid as provided in R.S. 39:1594(C).20
(2)(a) The request for proposals shall indicate the relative importance of21
all evaluation factors and shall clearly define the work, service, or solution to22
be provided under the contract, the functional specifications, the criteria to be23
used in evaluating the proposals, and the time frames within which the work24
must be completed or the service provided.25
(b) For information systems lease contracts, the request for proposals26
shall require that proposals contain a declaration as to the maximum price for27
which the system may be purchased following the termination of the lease28
contract. No other basis of evaluation shall be used except that set out in the29
request for proposals.30 SB NO. 481 ENROLLED
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(3) The office of technology services shall evaluate all proposals to1
determine the proposal most advantageous to the state, taking into2
consideration all evaluation criteria set forth in the request for proposals, and3
shall make a recommendation of award to the state purchasing office.4
(4) The office of technology services may request that the state5
purchasing office reject all proposals when it is deemed that such action is in the6
best interest of the state.7
B. Other methods. Other methods of procurement permitted for acquisitions8
hereunder are small purchases in accordance with rules and regulations promulgated9
by the state central purchasing agency and emergency acquisitions or rentals of data10
processing equipment if such procurement is conducted under applicable laws and11
rules and regulations specified by the state central purchasing agency. The office of12
technology services may procure information technology systems and13
information technology services in accordance with the law or regulations, or14
both, which govern the state purchasing office, the division of administration.15
C. Method for procuring maintenance services. Notwithstanding any other16
provisions of this Part, any agency may procure maintenance services for data17
processing information technology equipment without the need for competitive18
bidding. Such procurement must have the written advance approval of the state19
central purchasing agency and shall not be for a price greater than the vendor's20
published price. The procurement support team shall develop and deliver to the21
office of state purchasing and the office of information technology proposed rules22
establishing guidelines for procurement activities under this Part. Upon approval of23
the office of information technology, the office of state purchasing shall promulgate24
rules in accordance with the Administrative Procedure Act.25
D. Method for procuring software and software maintenance and support26
services. Notwithstanding any other provisions of this Part, any agency may procure27
data processing software, software maintenance, and support services without the28
need for competitive bidding. Such procurement must have the written advance29
approval of the state central purchasing agency and shall not be for a price greater30 SB NO. 481 ENROLLED
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than the vendor's published price. The procurement support team shall develop and1
deliver to the office of state purchasing and the office of information technology2
proposed rules establishing guidelines for procurement activities under this Part.3
Upon approval of the office of information technology, the office of state purchasing4
shall promulgate rules in accordance with the Administrative Procedure Act.5
E. Method for procuring microcomputer equipment, word processing6
equipment, software, and maintenance services. Notwithstanding any other7
provisions of this Part, any agency may procure by purchase, rental, or lease8
microcomputer equipment, word processing equipment, software, and maintenance9
services through name brand contracts awarded by the state central purchasing10
agency in accordance with the provisions of R.S. 39:1551 through 1736. Such11
procurement must have the written advance approval of the state central purchasing12
agency. The terms and conditions of such name brand contracts may be amended by13
the central purchasing office.14
F. Method for procuring data processing information technology equipment,15
software, and maintenance services for public colleges and universities.16
Notwithstanding any other provisions of this Part, any public college or university17
may procure, through its purchasing officer, data processing information18
technology equipment, software, and maintenance services without the advance19
approval of the state central purchasing agency when a single expenditure for such20
materials or combined materials and services does not exceed one hundred thousand21
dollars.22
G.F.(1) The commissioner of administration shall for each fiscal year23
designate a goal for awarding to small businesses a portion of anticipated total state24
procurement of data processing information technology equipment and software.25
For purposes of this Subsection, "small businesses" shall be defined as an employer26
with fifty or fewer employees. The commissioner may divide the procurements so27
designated into contract award units of economically feasible production runs in28
order to facilitate offers or bids from small businesses. In making his annual29
designation of goals for small business procurements, the commissioner shall attempt30 SB NO. 481 ENROLLED
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to vary the included procurements so that a variety of data processing information1
technology equipment and software produced by different small businesses shall be2
a goal each year. The failure of the commissioner to establish a goal for particular3
procurements shall not be deemed to prohibit or discourage small businesses from4
seeking the procurement award through the normal solicitation and bidding5
processes. The commissioner of administration shall report to the Joint Legislative6
Committee on the Budget and to the House Committee on Commerce and the Senate7
Committee on Commerce, Consumer Protection, and International Affairs on the8
program established in this Subsection each year prior to the submission of the9
executive budget. Such report shall include the goals and awards from the previous10
year, a list of unsuccessful awards as described in Paragraph (4) of this Subsection,11
and the goals for the upcoming year.12
(2) Contract procedure. The commissioner shall establish a contract13
procedure in accordance with law, for the awarding of a procurement contract under14
the goals established in this Subsection. Surety bonds guaranteed by the federal15
United States Small Business Administration shall be acceptable security for an16
award under this Subsection.17
(3) Responsibility of bidder or offeror. Before making a goal award, the18
commissioner shall evaluate whether the small business scheduled to receive the19
award is able to perform the set-aside contract. This determination shall include20
consideration of production and financial capacity and technical competence.21
(4) Award of contracts after unsuccessful goal procedures. In the event that22
the provisions of this Subsection do not operate to extend a contract award to a small23
business, the award shall be placed pursuant to the existing solicitation and award24
provisions established by law. The commissioner shall thereupon designate a goal25
for small businesses' additional state procurements of data processing information26
technology equipment and software corresponding in approximate value to the27
contract unable to be awarded pursuant to the provisions of this Subsection.28
(5) Conflict with other code provisions. All laws and rules pertaining to29
solicitations, bid evaluations, contract awards, and other procurement matters not30 SB NO. 481 ENROLLED
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inconsistent with the provisions of this Subsection shall apply to procurements set-1
aside for small businesses. In the event of conflict with other rules, the provisions of2
this Subsection shall govern.3
§200. General provisions4
The following general provisions shall apply to all procurements under this5
Part:6
A. Used equipment. Used data processing information technology7
equipment is defined to include all equipment which cannot be certified as new by8
the vendor. Used equipment may be acquired through rental or purchase when the9
vendor and/or manufacturer certify that:10
(1) The equipment has been properly maintained and used.11
(2) Maintenance acceptable to the state is available by contract at a cost12
which shall not increase the total cost to the state to that level which would exist13
should the state acquire the same equipment new.14
(3) The equipment is warranted by the manufacturer or vendor under the15
same terms and conditions as those offered by the manufacturer for that equipment16
when new.17
B. Purchase of equipment being leased or rented. Equipment being leased or18
rented by a state agency may be purchased without the need for competitive sealed19
bidding. When the contract under which the equipment is being leased or rented20
provides for any credit of rental or lease payments toward purchase, the leasing or21
renting vendor shall be required to deduct such credits from the purchase price. A22
written analysis of the contract must be made by the using agency and filed with the23
state central purchasing agency. Such analysis shall at a minimum include the current24
market value of the equipment, the total amount paid to the vendor as lease or rental25
payments credited to the purchase price, the total time the equipment was leased or26
rented, and the amount of and contractor for related prior and subsequent contracts,27
including but not limited to maintenance contracts. Such purchases shall have the28
written advance approval of the state central purchasing agency, and the legislature29
shall have provided a specific appropriation for such purchase.30 SB NO. 481 ENROLLED
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C. Disposition of data processing information technology equipment no1
longer required by state agencies. The state central purchasing agency shall have the2
authority to dispose of data processing information technology equipment no longer3
required by a state agency in accordance with regulations which shall be developed4
and published by the state central purchasing agency. Such dispositions may be5
through trade-in, assignment to another state agency, or sale. Dispositions other than6
by assignment to another agency shall be on a competitive basis.7
D. Effective date of contracts. Any contracts entered into under the8
provisions of this Part may have an effective starting date at any point during a fiscal9
year. No contract entered into hereunder shall have an initial effective date earlier10
than the date on which such contract receives the final statutorily required approval.11
However, with the approval of the state central purchasing agency, a state agency12
shall make payments to a vendor in those circumstances where it has utilized the13
data processing information technology equipment to be contracted prior to the14
actual receipt of the final statutorily required approval. The state central purchasing15
agency shall determine the size of the payments in accordance with the number of16
such days of utilization.17
E. Contract amendments. All changes, modifications, and amendments to any18
contract hereunder shall be approved in advance by the state central purchasing19
agency, in addition to any other statutorily required approvals. This Subsection shall20
not apply to contracts for maintenance or software, but amendments to such contracts21
may not increase the rates specified in such contracts to a figure greater than the22
vendor's published standard rates.23
F. Contract form. No contracts entered into hereunder shall be on preprinted24
contract forms supplied by a vendor, unless otherwise approved by the director of25
state purchasing.26
G. Proposal or bid incorporated into contract. Where written proposals or27
bids are submitted by vendors, the proposal or bid of the successful vendor shall be28
incorporated into the final contract consummated with that vendor.29
H. Letters of intent. Letters of intent may be issued by an agency to a vendor30 SB NO. 481 ENROLLED
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solely for the purpose of obtaining a delivery schedule with that vendor. All such1
letters must be clearly identified as such, and must be filed on issuance with the2
office of data processing information technology and the attorney general.3
I. Procurement support. All contracts covered under the provisions of this4
Chapter, in an amount greater than one hundred thousand dollars, whether for5
purchase or rental payments or fiscal intermediary services in processing claims of6
health care providers, or master agreements, but excluding taxes, transportation, and7
other related services, shall be entered into with the assistance of a procurement8
support team as provided in Paragraph (2) below of this Subsection and in9
accordance with guidelines to be published by the state central purchasing agency.10
(1) Procurement support team participation must include, as a minimum,11
assistance in evaluation of bids and negotiation of contracts.12
(2) A procurement support team shall consist of a person chosen jointly by13
the speaker of the House of Representatives and the president of the Senate from14
among the attorneys on the legislative services staff of the House of Representatives15
or the staff of the Senate and one or more representatives from each of the following:16
the Division of Administration, central purchasing agency; the using agency17
initiating the procurement action; and the Legislative Fiscal Office. At least two18
members of the team shall have received formal training in computer contract19
negotiations. At least four members, one from each office or agency designated,20
must be present to constitute a quorum.21
J. Contract specifications. (1) A specification may be drafted which describes22
a product which is proprietary to one company only where when no other kind of23
specification is reasonably available for the state to describe its requirements; or24
where there is a requirement for specifying a particular design or make of product25
due to factors of compatibility, standardization, or maintainability; and, where when26
such specification includes language which specifically permits an equivalent to be27
supplied. Such specification shall include a description of the essential characteristics28
of the product.29
(2) Whenever proprietary specifications are used, the specifications shall30 SB NO. 481 ENROLLED
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clearly state that the proprietary characteristics are used only to denote the quality1
standard of the equipment desired and that such specifications do not restrict vendors2
to the specific brand, make, or manufacture; that they are used only to set forth and3
convey to prospective bidders the general style, type, character, and quality of4
equipment desired; and that equivalents will be acceptable.5
(3) The specifications in an invitation for bids shall contain a list of the6
factors to be considered in evaluating the responses to the invitation, and any weights7
assigned to those factors. No other basis of evaluation shall be used with respect to8
bids received. When relevant, the following factors shall be included in the9
specifications: cost of transportation, installation, and conversion of operations;10
taxes; or cost of conversion to different equipment architecture.11
K. The provisions of this Part shall, with respect to the procurement of12
information technology systems or information technology services, supersede13
specifications of any contradictory or conflicting provisions of the following14
statutes: R.S. 38:2211 et seq. with respect to awarding of public contracts and15
R.S. 39:1551 through 1736, but all other provisions in Chapter 17 of Title 3916
apply to all procurements under this Part. The provisions of this Part do not17
relate to the procurement of services covered by R.S. 39:1481 through 152618
except as provided in R.S. 39:198. The Louisiana Lease of Movables Act, R.S.19
9:3301 through 3342, shall not apply to the provisions of this Part.20
L. Volume discounts. The state director of purchasing, on behalf of one or21
more state agencies, may enter into non-binding agreements with vendors for the22
purpose of establishing volume discounts. Such agreements shall be based on the23
estimated usage and requirements of state agencies. In addition to specific24
authorizations contained in this Part, and pursuant to R.S. 39:15.2(C), the state25
chief information officer, with the approval of the commissioner of26
administration or his designee, shall have the power and authority to make27
necessary and reasonable regulations and orders to carry out the provisions of28
this Part in accordance with the provisions of the Administrative Procedure29
Act.30 SB NO. 481 ENROLLED
Page 32 of 32
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
M. Other laws. The provisions of this Part shall, with respect to the1
procurement of data processing equipment, related services, and software, supersede2
specifications of any contradictory or conflicting provisions of the following statutes:3
R.S. 39:330 with respect to the disposition of equipment; R.S. 38:2211 et seq. with4
respect to the awarding of public contracts; and Chapter 17 of Title 39. The5
provisions of this Part do not relate to the procurement of services covered by R.S.6
39:1481 through R.S. 39:1526.7
Section 3. The Louisiana State Law Institute is hereby authorized and requested to8
review all statutes which contain the name of the office of information technology, changed9
in this Act, and in all locations it deems appropriate change said references to the office of10
technology services.11
Section 4. This Act shall become effective on July 1, 2014; if vetoed by the governor12
and subsequently approved by the legislature, this Act shall become effective on July 1,13
2014, or on the day following such approval by the legislature, whichever is later.14
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: