La. Admin. Code tit. 31 § III-121
Current through Register Vol. 50, No. 11, November 20, 2024
Section III-121 - Award of Drayage and Storage ContractsA. All contracts shall be awarded to the lowest responsive and responsible bidder within 30 days of bid opening, unless more time is needed by the department to investigate suitability and the bidder is notified accordingly. 1. A responsive bidder means a person who has submitted a bid which conforms in all substantive respects to the invitation for bids, including the specifications set forth in the invitation.2. The award shall be made by unconditional acceptance of a bid without alteration or correction, except as authorized in §111B. If a bidder who is the lowest responsive and responsible bidder declines to accept the contract, the award may be made to the next lowest bidder or the solicitation may be canceled and re-advertised if it is determined to be in the best interest of the state. Any bidder who has declined to accept the contract previously offered shall be ineligible to bid on the subsequent solicitation. A bidder who declines a contract or fails to produce an acceptable performance bond may also be debarred from future bidding.C. If a bidder who is the lowest bidder fails to meet all criteria as a responsive and/or responsible bidder, the award may be made to the next lowest bidder who meets all criteria as a responsive and responsible bidder or the solicitation may be canceled and re-advertised if it is determined to be in the best interest of the state.D. In the case of "tie bids," award shall be made in a manner that will discourage future "tie bids." A written justification for the determination of award must be made by the Secretary of State.E. In-state bidders shall be preferred to out-of-state bidders on a reciprocal basis when there is a tie bid.La. Admin. Code tit. 31, § III-121
Promulgated by the Department of State, Elections Division, LR 34:700 (April 2008).AUTHORITY NOTE: Promulgated in accordance with R.S. 36:742, R.S. 39:1594 and 1595.1.