Louisiana 2020 2020 Regular Session

Louisiana House Bill HB477 Comm Sub / Analysis

                    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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 477	2020 Regular Session	Ivey
Keyword and oneliner of the instrument as it left the House
PURCHASING/PROCUREMT CD:  Provides relative to technology procurement
Report adopts Senate amendments to:
1. Adds a new Section to the bill that increases thresholds for various technology and
consulting contracts and penalties.
2. Make technical changes.
3. Bifurcate the effective date.
Report rejects Senate amendments which would have:
1. Made a technical change to a section heading.
Report amends Senate amendments to:
1. Make technical changes, including changing where amendments are placed in the bill.
Digest of the bill as proposed by the Conference Committee
Present law (R.S. 39:196 et seq.) provides procedures and requirements for agencies in the
executive branch of state government (other than agencies headed by a statewide elected official)
to use for the purchase, lease, and rental of information technology equipment, related services,
and software. Present law (R.S. 39:1551 et seq.) provides procedures and requirements for state
procurement.
Proposed law retains present law and additionally provides that an agency shall not be required to
follow the procedures provided in present law for procurement of software and the hardware used
to support the software if the alternative procedures to be used by the agency are approved by the
Jt. Legislative Committee on Technology and Cybersecurity and the specific procurement is approved by the Jt. Legislative Committee on the Budget.
Present law (R.S. 39:199) provides that public colleges or universities may procure information
technology equipment, software and maintenance services without the advance approval of the
office of state procurement when a single expenditure for such materials or services does not
exceed $100,000. Proposed law increases the threshold from $100,000 to $150,000.
Present law (R.S. 39:200) provides that all contracts for information technology procurement in
excess of $100,000 require the assistance of a procurement support team. Proposed law increases
the threshold from $100,000 to $225,000.
Present law (R.S. 39:1600) provides that contracts for consulting services with a total maximum
value of less that $50,000 may be awarded as negotiated noncompetitive contracts. Proposed law
increases the threshold from a total value of $50,000 to $75,000 in a twelve-month period.
Present law (R.S. 39:1621) provides that contracts for consulting services with a value of
$50,000 for a twelve-month period may be awarded without competitive bidding or competitive
negotiation.  Proposed law increases this threshold from $50,000 for a twelve-month period to
$75,000 for a twelve-month period. 
Present law further provides that contracts for consulting services with a total maximum
compensation of $50,000 or more in a twelve-month period shall be awarded pursuant to a
request for proposals. Proposed law increases this threshold from $50,000 or more in a twelve-
month period  to $75,000 or more in a twelve-month period.
 
Present law further provides that all contracts for consulting services which have a total
maximum amount of compensation of $140,000 or more may be entered into with the assistance
of a procurement support team. Proposed law increases this threshold from $140,000 to
$225,000.
Present law (R.S. 39:1679) establishes a maximum penalty of $500 for intentional violation of
the La. Procurement Code or any rule or regulation with respect to purchasing promulgated by
the commissioner of administration. Proposed law increases this penalty from $500 to $1,000.
Provisions with respect to alternative technology procurement procedures become effective if
and when House Bill No. 636 of this 2020 R.S. is enacted and becomes effective.  The remainder
of the bill becomes effective upon signature of the governor.
(Amends R.S. 39:199(E), 200(I), 1600(E), 1621(A), (B), and (C)(1), and 1679(B); Adds R.S.
39:199.1)