La. Admin. Code tit. 34 § XV-303

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

Section XV-303 - [Effective until 4/5/2025] Contractual Provisions

A. Clauses providing for the following may be included in contracts, except upon a written determination by the secretary or their designee that the interests of LED are best served by omitting the clause. Standard clauses may include but not be limited to:

1. beginning and ending dates;

2. description of work and goals and objectives;

3. maximum amount and schedule of payments to be made;

4. deliverables;

5. performance measures;

6. monitoring plan;

7. termination clauses, for cause and convenience;

8. remedies for default;

9. legislative Auditor right to audit;

10. assignability clause;

11. travel requirements in accordance with PPM 49, if applicable;

12. multi-year fiscal funding clause, if the duration of the contract crosses a fiscal year;

13. anti-discrimination clause, if applicable;

14. an itemized budget for cost-reimbursement contracts;

15. a clause requiring that Louisiana law shall apply to all disputes, and that venue for any actions brought against LED arising out of the contract shall be only in the Nineteenth Judicial District Court in East Baton Rouge Parish;

16. responsibility for payment of taxes, when applicable;

17. advance payments on all contracts except those for professional services are allowable if limited to less than or equal to 20 percent of the contract and if necessary to provide for the lowest cost delivery of service. If federal funds are to be advanced, federal guidelines shall prevail on the conditions and amount of the advance. Specific state statutory authority may override the 20 percent limit for certain contracts;

18. prohibition of Discriminatory Boycotts of Israel;

19. any additional clause required by an Executive Order.

B. contracts funded fully or in part by federal funds, in addition to meeting all state requirements, shall meet all applicable federal standards and shall contain all necessary clauses required by federal statutes, rules or regulations.

C. In addition to any required contractual clauses, proof of review and approval by other agencies may be required as follows:

1. contracts for private legal counsel to represent LED must have Attorney General approval, with the concurrence of the commissioner of Administration, in accordance with R.S. 49:258;

2. all contracts must have Civil Service approval, unless exempted.

La. Admin. Code tit. 34, § XV-303

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.