The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Senate Legislative Services. The keyword,
summary, 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)]
DIGEST
SB 151 Engrossed 2025 Regular Session Mizell
Present law establishes the La. Procurement Code (R.S. 39:1551, et seq.) to provide for procurement
by public bodies, including provisions for procurement regulations, source selection for items to be
purchased and methods for such purchases, bid procedures, types of contracts, specifications,
contract modification, termination and contract clauses, legal and contractual remedies,
administrative appeals, and cooperative purchasing. Proposed law modifies the La. Procurement
Code as detailed below:
Advertisement Requirements
Present law requires adequate public notice of an invitation for bids for small purchases at least 10
days prior to the date set for the opening of bids. Proposed law reduces the time for adequate public
notice from 10 days to five days and otherwise retains present law.
Present law requires notice and advertising for small purchases in excess of $25,000. Proposed law
eliminates the $25,000 threshold for small purchases and authorizes the monetary threshold for small
purchases to be set by executive order.
Present law requires public notice and advertising for competitive sealed bid procurement methods
in the official journal of the state. Proposed law removes this requirement and instead authorizes
advertisement in the official journal of the state.
Present law requires competitive sealed proposals to be advertised in the official journal of the state
at least 30 days before the last day proposals will be accepted. Proposed law instead requires
advertising through a centralized electronic interactive environment administered by the division of
administration and on the electronic website accepting the electronic bids. Proposed law allows the
agency to also advertise in the official journal of the state and other print media, depending upon the
type of service being procured.
Present law requires the agency to provide written notice of certain competitive sealed proposals to
persons, firms, or corporations in a position to furnish the required services at least 30 days before
the last day proposals will be accepted. Proposed law allows this contact to be made electronically.
Present law requires advertisements for requests for proposals (RFP) for applicable consulting
service contracts to be placed in national trade journals which serve the particular contract for
consulting services. Proposed law removes this requirement and instead permits this method of
advertisement and further requires advertising through a centralized electronic interactive environment administered by the division of administration and on the electronic website accepting
the electronic bids.
Present law requires certain social services contracts not qualifying under present law to be
advertised in the official journal of the state, in the official journal of the parish in which the services
are to be performed and other media as appropriate in the circumstance at least once 30 days before
the last day proposals will be accepted. Proposed law instead requires advertising through a
centralized electronic interactive environment administered by the division of administration and on
the electronic website accepting the electronic bids, and allows the agency to also advertise in the
official journal of the state, in the official journal of the parish in which the services are to be
performed, and other media as appropriate.
Present law requires consulting contracts entered into outside of DOTD with a maximum
compensation of $50,000 or more to be advertised in the official journal of the state and in one or
more newspapers of general circulation in the state 30 days before the last day proposals will be
accepted. Proposed law increases this threshold to $150,000 or more and instead requires advertising
through a centralized electronic interactive environment administered by the division of
administration and on the electronic website accepting the electronic bids.
Present law requires consulting contracts entered into by DOTD with a maximum compensation of
$50,000 or more to be advertised in the official journal of the state, with the first notice appearing
at least 15 days before the last day proposals will be accepted. Proposed law increases this threshold
to $150,000 or more and instead requires advertising through a centralized electronic interactive
environment administered by the division of administration and on the electronic website accepting
the electronic bids.
Competitive Sealed Bid Process
Present law authorizes competitive sealed proposal procurement to be utilized in certain
circumstances with the approval of the commissioner of administration and written determination
by the state chief procurement officer. Proposed law removes requirement of the approval of the
commissioner of administration to proceed with competitive sealed proposal procurement and
otherwise retains present law.
Present law requires RFP for all consulting, social, and professional services contracts not otherwise
exempt by law or regulation to indicate relative importance of price and other evaluation factors and
to clearly define the tasks to be performed under the contract and the criteria to be used in evaluating
the proposals and the time frames within the work must be completed. Present law further requires
all other RFP to clearly state the technological or other outcome desired from the procurement of
supplies, services, or major repairs, if applicable. Proposed law makes these requirements uniform
for all RFP by removing the requirement that certain requests clearly state the technological or other
outcome desired from the procurement of supplies, services, or major repairs, if applicable.
Present law provides for a procedure in the negotiating and awarding of contracts. Proposed law allows contract bid proposals to be modified or withdrawn at any time prior to the
conclusion of negotiations.
Proposed law requires the using agency to negotiate a contract with the responsible proposer whose
proposal is determined in writing by the using agency to be the most advantageous to the state, taking
into consideration review of price and the evaluation factors set forth in the RFP.
Proposed law requires contract negotiations be directed toward making certain the proposer has a
clear understanding of the scope of work and the essential requirements involved in providing the
required work, service, or supply, determining that the proposer will make available the necessary
personnel and facilities to perform the services in the required time, and agreeing upon fair and
reasonable compensation for the services rendered.
Proposed law requires the contract to be awarded to the proposer if the contract can be agreed upon
with the most advantageous proposer.
Present law requires certain elements to be included in contracts entered into through RFP. Proposed
law adds a requirement that the commencement date of the contract must be at least 14 days after
the notice of award is issued.
Present law assigns full responsibility of administration and monitoring of the contract to the using
agency and provides requirements on reporting the performance of the contract. Proposed law retains
present law.
Present law provides that no contract shall be valid until executed by the head of the using agency,
or his designee, and the contractor, and has been approved in writing by the state chief procurement
officer, or his designee, or the director of purchasing at a college or university, if applicable.
Proposed law retains present law.
Present law provides for a procedure for the head of a using agency to delegate authority to a
subordinate to sign contracts on behalf of the agency. Proposed law retains present law.
Proposed law requires the office of state procurement to send written notice of an award to the
contractor and a copy of such notice to all other proposers upon approval of the contract by the state
chief procurement officer.
Proposed law provides a procedure for failure to negotiate a contract with an advantageous proposer
that allows the using agency to enter into negotiations with the next most advantageous proposer.
Proposed law further authorizes using agencies to select additional proposers to continue
negotiations in certain circumstances.
Proposed law authorizes proposals or other solicitations to be cancelled or other all proposals to be
rejected if it is determined, based on the reasons provided in writing, that such action is in the best
interest of the state. Proposed law further requires reasons for the cancellation to be included in the contract file.
Present law requires a determination from the state chief procurement officer that other contract
procurement methods are not practicable before issuing an invitation to negotiate procurement
method. Proposed law repeals present law.
Present law authorizes consulting services contracts valued less than $75,000 for a 12-month period
to be awarded without the necessity of competitive bidding or competitive negotiation. Proposed law
increases this threshold to $150,000 over a 12-month period and adds invitation to negotiate and
cooperative purchasing as additional procurement methods available to use for consulting contracts.
Present law authorizes consulting services contracts valued at $250,000 or more to be entered into
with the assistance of a procurement support team provided in law and in accordance with guidelines
created by the office of state procurement. Proposed law removes the floor of $250,000 and
otherwise retains present law.
Advertisement and Award of Lease Bids
Present law requires all contracts and agreements for lease or rental space be made in the name of
and by the authorized representative or representative body of the agency and requires commissioner
of administration approval on any such agreement. Proposed law retains present law but removes
the requirement of commissioner approval for leases or rental space of a storage unit that is 1,000
square feet or less.
Present law requires every lease for the use of 5,000 square feet or more of space in a privately
owned building in which the state is a lessee be awarded by competitive sealed bid with certain
requirements. Proposed law increases this threshold to leases of 10,000 square feet or more.
Present law authorizes leases of less than 5,000 square feet or less to be amended up to 4,999 square
feet. Proposed law increases this threshold to allow leases of less than 10,000 square feet to be
amended up to 9,999 square feet.
Present law authorizes existing leases for office or warehouse space to be renegotiated with the
present lessor in certain circumstances. Proposed law retains present law but expands the authority
to renegotiate with lessors to any existing lease.
Contract Controversies and Protests
Present law prohibits the state from proceeding with solicitation or awarding of a contract under
timely protest unless the state chief procurement officer makes a determination the contract award
is needed without delay.
Proposed law repeals present law and instead allows a protestor to obtain a stay of a contract
solicitation or award if the following conditions are met: (1)The protester has timely protested the solicitation or award during the applicable protest
period of the contract solicitation or award.
(2) The protestor posts a bond with a good and solvent surety or submits other security approved
by the office of state procurement valued at 25% the estimated value of the contract.
Proposed law requires the bond posted or other security to be returned to the person who posted the
bond or security if the protest is upheld and the award is cancelled. Proposed law requires the state
chief procurement officer to hold an informal hearing on the claim to determine the amount owed.
Proposed law further provides that if the protest is rejected and the award is upheld, the using agency
may file a claim against the bond or security for the expenses incurred and other monetary losses
suffered by the using agency resulting from the unsuccessful protest. Proposed law further requires
any money not awarded by the state chief procurement officer to be returned to the person who
posted the bond or submitted the security.
Present law requires the commissioner of administration or his designee to immediately render
decisions on claims by or controversies between the state and a contractor arising out of a contract
for professional, personal, consulting or social services. Present law renders this decision final and
conclusive unless the contractor institutes suit. Proposed law retains present law but specifies that
a final decision of the commissioner may be made executory by the 19th JDC in accordance with
present law (C.C.P. Art. 2782).
Present law provides the 19th JDC jurisdiction over claims arising from RFP or awards of contract
or other legal disputes surrounding contracts, given all administrative avenues have been exhausted.
Proposed law modifies this jurisdiction to having only appellate jurisdiction in these matters.
Proposed law further asserts that if the evidence, as reasonably interpreted, supports the
commissioner of administration's initial decision, that his decision shall have great weight and not
be reversed or modified unless there is clear showing that the decision was arbitrary or capricious.
Present law provides a timeline in which filing appeals in protests to solicitations or awards of
contracts can be made to the commissioner. Present law establishes the commissioner's decision to
be final unless either the decision is fraudulent or an appeal is filed in court. Proposed law adds that
if an appeal is filed in court, that if the evidence, as reasonably interpreted, supports the
commissioner of administration's initial decision, the commissioner's decision shall have great
weight and not be reversed or modified unless there is clear showing that the decision was arbitrary
or capricious.
Present law provides a procedure to appeal decisions on contracts and breach of contract
controversies to the commissioner of administration for contracts other than professional, personal,
consulting, and social services contracts. Present law establishes the commissioner's decision to be
final unless either the decision is fraudulent or an appeal is filed in court. Proposed law adds that if
an appeal is filed in court, that if the evidence, as reasonably interpreted, supports the commissioner
of administration's initial decision, that the commissioner's decision shall have great weight and not
be reversed or modified unless there is clear showing that the decision was arbitrary or capricious. Present law establishes the 19th JDC as the exclusive venue over an action between the state and a
bidder, offerer, or contractor to determine if a solicitation or award of a contract is legal and provides
for types of actions this entails. Proposed law adds actions between the state and a person or proposer
to the venue's exclusive jurisdiction. Proposed law further limits jurisdiction of the 19th JDC to be
appellate jurisdiction in such matters.
Present law requires any action to be commenced within sixty days after receipt of the commissioner
in decisions regarding contract controversies for contracts other than professional, personal,
consulting, or social services contracts. Proposed law adds controversies between the state and a
contractor arising out of professional, personal, consulting, or social services contracts to the
requirement of action to be commenced within 60 days and otherwise retains present law.
Cooperative Purchasing
Present law allows public procurement units to participate, sponsor, conduct, or administer
cooperative purchasing agreements with other entities to purchase of any supplies, services, major
repairs, or construction services. Proposed law adds personal services, professional services,
consulting services, and social services contracts to this list.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 39:1594(C)(1) and (3), 1595, 1621(A)-(C)(1) and (3), 1630, 1641(A), 1643(A),
1644(A)(1), (B), and (C), 1671(F), 1672.3, 1672.4(A), 1683(E)(2), 1685(E)(2), 1691 (heading), (A),
(C), and (D), 1692(C), and 1702(A)(1); repeals R.S. 39:1600.2(B))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original bill
1. Change the provision on advertisements on competitive sealed bids from being
required to be published in the official journal of the state to being authorized to be
published in the official journal of the state.
2. Increase the maximum threshold RFP's for consulting services contracts except for
those entered into by DOTD that are exempt from public notice requirements from
$100,000 to $150,000.
3. Change the entity required to notify failed negotiations in the invitation to negotiate
procurement procedure from the using agency to the office of state procurement.
4. Add restrictions in which to timely apply for a stay of a contract in which a vendor
has protested the solicitation.
5. Make technical changes.