RÉSUMÉ DIGEST
ACT 273 (HB 477) 2020 Regular Session Ivey
Existing 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. Existing law (R.S. 39:1551 et seq.) provides procedures and
requirements for state procurement.
New law creates an exception allowing an agency to not follow the procedures in existing
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 Joint Legislative
Committee on Technology and Cybersecurity and the specific procurement is approved by
the Joint Legislative Committee on the Budget.
Existing law (R.S. 39:199) provides an exception for public colleges or universities to
procure information technology equipment, software, and maintenance services without the
advance approval of the office of state procurement. Prior law authorized use of the
exception if a single expenditure for such materials or services did not exceed $100,000.
New law increases the limit from $100,000 to $150,000.
Existing law (R.S. 39:200) provides that all contracts for information technology
procurement in excess of a certain amount require the assistance of a procurement support
team. Prior law set the threshold at $100,000. New law increases this threshold from
$100,000 to $225,000.
Existing law (R.S. 39:1600) provides an exception authorizing certain contracts for
consulting services to be awarded as negotiated noncompetitive contracts. Prior law provided
that only such contracts with a total maximum value below $50,000 qualified for the
exception. New law increases this limit from a total maximum value below $50,000 to a
total maximum amount of compensation less than $75,000 in a twelve-month period.
Existing law (R.S. 39:1621) provides an exception authorizing contracts for consulting
services with a value below a certain amount to be awarded without competitive bidding or
competitive negotiation. Prior law provided that only contracts with a total maximum
amount of compensation less than $50,000 for a twelve-month period qualified for the
exception. New law increases this limit from less than $50,000 for a twelve-month period
to less than $75,000 for a twelve-month period.
Existing law further provides that contracts for consulting services above a certain value
must be awarded pursuant to a request for proposals. Prior law established the threshold as
a value of $50,000 or more for a twelve-month period. New law increases this threshold to
a value of $75,000 or more in a twelve-month period.
Existing law further provides that all contracts for consulting services above a certain amount
may be entered into with the assistance of a procurement support team. Prior law provided
that contracts with a total maximum amount of compensation of $140,000 or more qualified
for the assistance of a procurement support team. New law increases this threshold from
$140,000 to $225,000.
Existing law (R.S. 39:1679) establishes a maximum penalty for intentional violation of the
La. Procurement Code or any rule or regulation with respect to purchasing promulgated by
the commissioner of administration. Prior law set the maximum penalty at $500. New law
increases the maximum penalty to $1,000.
Provisions with respect to alternative technology procurement procedures become effective
when House Bill No. 636 of this 2020 R.S. is enacted and becomes effective (Aug. 1, 2020).
The remainder of the bill becomes effective upon signature of the governor (June 11, 2020).
(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)