Louisiana 2020 2020 Regular Session

Louisiana House Bill HB800 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)]
HB 800 Original	2020 Regular Session	Deshotel
Abstract: Establishes procedure for agencies to compare existing procurement contract offerings
and determine which vendor offers best value.
Present law authorizes multiple different types of procurement contracts but does not provide a way
for agencies to compare offerings between those existing contracts.
Proposed law requires the office of state procurement to post on its website a list of all available
"price schedule" contracts, grouped by offered good and to identify which contract holders are based
in La.  Defines "price schedule" contracts as a brand name contract, multiple award schedule, or
public cooperative contract (all established in present law).
Proposed law further requires any agency wishing to procure more than $25,000 in goods from a
price schedule contract to  prepare a request for responses describing the nature and volume of goods
sought and provide any other criteria or special requirements.  Using the list of price schedule
contracts on the office of state procurement's website (established pursuant to proposed law), the
agency must solicit responses to the request for responses from at least three listed contract-holders,
if available. At least one of these selected, if available, shall be a business domiciled in La. or a
business for whom a majority of ownership is held by residents of La.  The agency must then
evaluate responses to the request for responses and document its decision in writing. Proposed law
requires the outcome of this evaluation to be a public record. Requires the agency to award to the
respondent offering the lowest price, but allows award to another respondent if other legitimate
business interests of the agency, or non-price characteristics of the various offerings, adequately
justify award to another respondent. Examples of interests and characteristics that may justify
awarding the contract to another respondent include: the quality and extent of product warranties
offered, product life cycle cost, maintenance, contractor production capacity, and timeliness of
delivery.
Effective July 1, 2020.
(Adds R.S. 39:1593.1)