La. Admin. Code tit. 34 § XV-1103

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

Section XV-1103 - [Effective until 4/5/2025] Competitive Thresholds

A. Single procurements of information technology equipment, software, installation, license, modifications, integration, training, hosted software, software subscriptions, support etc., collectively known as IT, and hardware/software maintenance estimated to cost less than $250,001 during a 12 month period shall be made using procedures approved by the secretary.

B. Procurements of information technology equipment, software, installation, license, modifications, integration, training, hosted software, software subscriptions, support etc., collectively known as IT, and hardware/software maintenance estimated to cost at least $250,001 but less than $1 million during a 12 month period shall be made using the competitive methods of an RFQ.

C. Procurements of information technology equipment, software, installation, license, modifications, integration, training, hosted software, software subscriptions, support etc., collectively known as IT, and hardware/software maintenance estimated to cost $1 million or more during a 12 month period shall be made using the competitive methods of an RFP.

D. LED IT Procurement Support Team. A LED procurement support team may be formed for IT contracts in an amount greater than $1 million, with the approval of the commissioner. The LED IT procurement support team may include, but not be limited to, one representative per agency from the following: LED; the Attorney General's Office (AG); and the Legislative Fiscal Office (LFO). At least two of the members of each procurement support team should have formal training in computer contract negotiations. The LFO and the AG shall each designate in writing to LED the names of a primary and an alternate team member. At least three members, one from each agency designated, must be present to constitute a quorum.

E. The individual agencies represented on the LED IT procurement support teams will have the following primary responsibilities:

1. Legislative Fiscal Office. The LFO shall have primary responsibility for the financial analysis of RFP's, and review of funding procedures, and certification of specific appropriation for the proposed purpose prior to the final contract award.

2. Attorney General's Office. The AG's Office shall have primary responsibility for developing the legal terms and conditions of draft contracts, evaluating the legal impact of substantive terms and conditions, reviewing to ensure compliance with statutes and regulations, and legal negotiations.

3. Louisiana Economic Development. LED shall have primary responsibility for the determination of the compliance of proposals with the functional requirements, drafting of RFP's, the evaluation of RFP's, the award of the contract and for all management decisions of the procurement process.

F. The LED IT Procurement Support Team shall operate as a super-evaluator, following an initial evaluation by LED's team, and, as a minimum, the LED IT Procurement Support Team shall review the RFP proposals, review LED evaluations of proposals, and review draft contract terms. There will be at least one group meeting to review proposals and it shall make a written group recommendation to LED.

G. LED shall review and consider any group recommendations, however, the final determination of an award shall be made by the secretary, in writing, which shall be considered the Final Agency Determination.

La. Admin. Code tit. 34, § XV-1103

Promulgated by Louisiana Economic Development, LR 51, exp. 4/5/2025 (Emergency).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:104 and R.S. 39:1554.