La. Admin. Code tit. 34 § V-1709

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-1709 - Use of Brand Name, LaMAS (Louisiana Multiple Award Schedule), and Multi-State Contracts

A. The state reserves the right to create and use brand name, LaMAS, and multi-state contracts (hereinafter referred to as Louisiana price schedules for different brands of same or similar item(s).

B. Where Louisiana price schedules ("LaPS") exist for same or similar item(s) and the estimated cost of the procurement exceeds the defined maximum value for small purchases established by executive order of the Governor, all eligible users of these contracts will utilize the following procedures.

1. Prepare a request for responses that may include, if applicable the following: (A request for response is an informal process used to make a best value determination.)

a. a performance-based statement of work that includes such things as:

i. the work to be performed;

ii. location of work;

iii. period of performance;

iv. deliverable schedule;

v. applicable performance standards;

vi. acceptance criteria;

vii. any special requirements (e.g., security clearances, special knowledge, etc.);

viii. the products required using a generic description of products and functions whenever possible;

b. if necessary or applicable, a request for submittal of a project plan for performing the task and information on the contractor's experience and/or past performance performing similar tasks;

c. a best value determination is one that considers, in addition to underlying contract pricing, such factors as:

i. probable life of the item selected;

ii. environmental and energy efficiency considerations;

iii. technical qualifications;

iv. delivery terms;

v. warranty;

vi. maintenance availability;

vii. administrative costs;

viii. compatibility of an item within the user's environment; and

ix. user's familiarity with the item or service;

d. a request for submittal of a firm-fixed total price for labor and/or products which are no higher than prices in the LaPS contract.

2. Submit the request for response to at least three LaPS contract holders, whenever available, offering functionally equivalent products and/or services that will meet the agency's needs.

3. Evaluate responses and select the contractor to receive the order.

a. After responses have been evaluated, the order shall be placed with the contractor that represents the best value that meets the agency's needs. The ordering agency should give preference to small-entrepreneurships or small and emerging businesses when two or more contractors can provide the services and/or products at the same firm-fixed total price.

b. The ordering agency shall document in the procurement file the evaluation of the contractors' responses that formed the basis for the selection. The documentation shall identify the contractor from which the services and/or products were purchased, the services and/or products purchased, and the cost of the resulting purchase order.

c. Purchases shall not be artificially divided to avoid the requirements of this section when recurring requirements for same products are known.

d. A listing of all contracts applicable to this Section will be maintained on the website of the Office of State Procurement.

La. Admin. Code tit. 34, § V-1709

Promulgated by the Office of the Governor, Division of Administration, Office of State Purchasing, LR 33:2650 (December 2007), repromulgated LR 40:1360 (July 2014), Amended by the Office of the Governor, Division of Administration, Office of State Procurement, LR 44758 (4/1/2018), Amended LR 47583 (5/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1581.