HLS 15RS-368 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 74
BY REPRESENTATIVE RICHARD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
BUDGETARY PROCEDURES: Prohibits awarding certain contracts for social services
without competitive bid
1 AN ACT
2To amend and reenact R.S. 39:1619(B) and (C), relative to contracts for social services; to
3 remove authorization to award certain contracts without competitive bid; to prohibit
4 contracts for certain appropriations; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 39:1619(B) and (C) are hereby amended and reenacted to read as
7follows:
8 ยง1619. Social service contracts
9 * * *
10 B. Contracts for social services may be awarded without the necessity of
11 competitive bidding or competitive negotiation only if the state chief procurement
12 officer determines that any one of the following conditions is present. The using
13 agency shall document the condition present and such documentation shall be part
14 of the contract record submitted to the office of state procurement.
15 (1) The services are available only from a single, or sole, source. Sole
16 source procurement shall be determined by the state chief procurement officer. A
17 contract shall also only be considered as sole source if a request for proposals is
18 issued in accordance with R.S. 39:1595(B) and only one or no proposals are
19 received.
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1 (2) The state legislature has made an appropriation for that particular
2 contractor or contractors as authorized via the appropriation bill or other statutes
3 statute.
4 (3) A quasi-public or nonprofit corporation, such as a parish voluntary
5 council on aging, an area agency on aging, an affiliate of The Arc of Louisiana or
6 equivalent, an organization serving persons with intellectual or developmental
7 disabilities, an organization serving children, youth, or families, or an organization
8 promoting independence from public assistance has been established in coordination
9 with the state to provide the particular service involved in the contract.
10 (4) Local matching funds of greater than ten percent of the contract amount
11 are required to be contributed by the contractor. Such matching funds may be in the
12 form of cash, certified expenditures or in-kind contributions, where applicable to the
13 funding source.
14 (5) The nature of the services being provided necessitates that a continuity
15 of contractors be maintained as in but not limited to therapeutic and crisis support
16 to clients and employment and training programs.
17 (6)(4) An emergency exists which will not permit the delay in procurement
18 necessitated by the request for proposal procedure given in R.S. 39:1595(B). Such
19 emergency shall be determined by the state chief procurement officer.
20 (7) The total contract amount is less than two hundred fifty thousand dollars
21 per twelve-month period. Service requirements shall not be artificially divided so
22 as to exempt contracts from the request for proposal process.
23 (8)(5) The contract is with another governmental entity or governmental
24 body.
25 (9)(6) Funds are specifically designated by the federal government for a
26 particular private or public contractor or political subdivision.
27 (10) The contract is with a social service contractor who supplies services
28 under a contract in existence as of November 30, 1985, as long as such contractor
29 continues to supply substantially the same services and the using agency certifies:
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HB NO. 74
1 (a) The services are satisfactory.
2 (b) They intend to continue contracting with that contractor.
3 C. If none of the conditions given in Subsection B of this Section are
4 determined by the state chief procurement officer to be present in a contract for
5 social service, then that contract shall be awarded through a request for proposal
6 process in accordance with R.S. 39:1595(B) under rules and regulations issued by
7 the office of state procurement. However, if the state legislature makes an
8 appropriation to a particular contractor or contractors via an appropriation bill, but
9 there is no statute authorizing the appropriation to the contractor or contractors, the
10 contract shall not be awarded.
11 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 74 Original 2015 Regular Session Richard
Abstract: Deletes authority to award certain social service contracts without competitive
bid and prohibits the awarding of contracts to certain contractors unless the
contractor is authorized by statute to receive the appropriation.
Present law authorizes certain contracts for social services to be awarded without the
necessity of competitive bidding or negotiation in certain particular circumstances.
Proposed law deletes the following conditions under which a contract for social services may
be awarded without competitive bid or negotiation:
(1)When local cash or in-kind contributions exceed 10% of the required contract
amount.
(2)When services provided necessitate a continuity of contractors, including therapeutic
and crisis support and employment and training programs.
(3)When the total contract is less than $250,000 per 12-month period.
(4)Certain social service contracts in existence as of Nov. 30, 1985, as long as the
contractor continues to satisfactorily supply substantially the same services.
Present law authorizes social service contracts to be awarded without competitive bid or
negotiation for sole source procurement, as determined by the state chief procurement
officer. Present law additionally allows a social service contract to be considered as sole
source if a request for proposals (RFP) is issued and only one or no proposals are received.
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HB NO. 74
Proposed law limits sole source procurement to contracts for which only one or no proposals
are received under the RFP process.
Present law authorizes a social service contract to be awarded without competitive bid or
negotiation if the state legislature has made an appropriation for that particular contractor
via an appropriation bill or other statute.
Proposed law specifies that the exception only applies to appropriations provided by statute.
Proposed law prohibits the awarding of a contract to a contractor in cases where the
legislature makes an appropriation to the contractor but the appropriation is not authorized
by law.
(Amends R.S. 39:1619(B) and (C))
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