RDCSB132 2549 2165
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)]
SB 132 Reengrossed 2020 Regular Session Henry
Present law provides for the conditions that shall be satisfied prior to the state procurement
officer or an assistant approving professional, personal, consulting, or social services
contracts:
(1)All provisions of R.S. 39:1623 have been complied with.
(2)The using agency has statutory authority to enter into the proposed contract.
(3)The contract will not establish an employer/employee relationship between the state
or the using agency and any prospective contractor.
(4)No current state employee will engage in the performance of the proposed contract
except as provided for in R.S. 39:1626.
(5)No using agency has previously performed or contracted for the performance of tasks
which would be substantially duplicated under the proposed contract without
appropriate written justification.
(6)There has been appropriated or otherwise lawfully made available and ready for
expenditure sufficient monies for payment of the services called for in the contract,
at least for the applicable fiscal year.
(7)The contracting using agency has specified the purpose, duration, specific goals and
objectives, measures of performance, and a plan for monitoring the services to be
provided under the contract.
(8)The using agency has a written plan for the monitoring of the contract and such
monitoring plan has been submitted in accordance with rules and regulations adopted
by the office of state procurement.
(9)The provisions of R.S. 12:25(E) have been complied with, if the contract is with a
business corporation, the provisions of R.S. 12:205(E) have been complied with, if
the contract is with a nonprofit corporation, or the provisions of R.S. 12:304(A)(11)
have been complied with, if the contract is with a foreign corporation.
(10)The prospective contractor is current in the filing of all applicable tax returns and
reports, and in payment of all taxes, interest, penalties, and fees owed to the state and
collected by the Department of Revenue in accordance with R.S. 47:1678.
Proposed law retains present law and provides that, prior to the state chief procurement
officer or an assistant approving any contract with a value greater than or equal to $25
million annually, the state chief procurement officer or an assistant shall verify that the
following has occurred:
(1)The state agency entering into contract with a value greater than or equal to $25
million annually has received the approval of the Joint Legislative Committee on the
Budget (JLCB) to enter into the contract.
(2)If the request for proposal process was utilized in the procurement process for a
contract with a value greater than or equal to $25 million annually, the state agency
notified the JLCB of the potential cost of such contract prior to the issuance of the
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request for proposals, provided that such cost was reasonably anticipated at the time
of issuance.
Proposed law further provides that the provisions of proposed law apply to cooperative
endeavor agreements for professional, personal, consulting, or social services that have a
value of twenty-five million dollars or more.
Proposed law prohibits application of proposed law during a state of emergency declared
pursuant to present law.
Present law allows state agencies to enter into contracts for fiscal intermediary services in
processing claims of health care providers. Requires the award process and the final contract
to meet certain criteria, including approval by the House and Senate committees on health
and welfare.
Proposed law retains present law and moves the approval authority from the House and
Senate committees on health and welfare to JLCB.
Effective July 1, 2020.
(Amends R.S. 39:198(I)(2), (6), (8)(b) and (c), and (9); adds R.S. 39:1624(C)-(E))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Move approval of fiscal intermediary services contract awards from the
House and Senate committees on health and welfare to JLCB.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
reengrossed bill:
1. Add a provision requiring approval by JLCB for cooperative endeavor
agreements for professional, personal, consulting, or social services that have a
value of twenty-five million dollars or more.
2. Prohibit applicability of proposed law during any state of emergency declared
pursuant to present law.
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