La. Admin. Code tit. 4 § V-5303

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

Section V-5303 - Policy

A. To respond to the needs of state agencies, as well as for auditing purposes and for programming purposes in the States LaGov SRM system, it shall be the policy of the Office of State Procurement to delegate to all agencies which are subject to the provisions of the Louisiana Procurement Code the authority to purchase, procure and to contract up to maximum limits by assigning to each Delegated Procurement Authority ("DPA").

1. DPA refers to the maximum amount an agency may purchase, procure or contract for without utilizing the services of, or having to seek preapproval from, the Office of State Procurement.

2. Any agency that acts under a DPA extended by the Office of State Procurement is responsible for ensuring that any purchase or contract fully complies with all applicable requirements under the Procurement Code, rules and applicable OSP policy, including, but not limited to:

a. any and all requirements to seek approval to use a Request for Proposals (RFP) solicitation before it is issued or to seek approval from a Procurement Support Team where applicable;

b. any and all requirements to solicit quotes, to competitively bid or to seek competitive proposals, or to post solicitations to the States electronic vendor notification system;

c. any and all requirements to report contracts, including sole source and emergency contracts, to the Office of State Procurement, the Joint Legislative Committee on the Budget and the Louisiana Legislative Auditor as may be applicable; and

d. any and all requirements to seek ratification of purchases or contracts that do not comply with law.

B. The Office of State Procurement shall periodically review an agencys DPA, and may increase, maintain or decrease the DPA after considering the following factors:

1. whether increasing, maintaining or decreasing an agencys DPA is in accordance with the states strategic plans;

2. whether the agency has demonstrated (or can no longer demonstrate) an ability to responsibly handle a higher DPA in accordance with Office of State Procurement policy, guidance and directions; and

3. whether the agency has adequate resources and personnel (or no longer has adequate resources and personnel) to comply with all requirements of the Procurement Code and other applicable provisions of law.

C. Any contract for professional, personal, consulting or social services, or for complex, IT or major repairs, entered into by an agency pursuant to its assigned DPA must be:

1. reduced to writing;

2. signed by the contractor and the agency head; and

3. entered into the States LaGov SRM system.

La. Admin. Code tit. 4, § V-5303

Promulgated by the Office of the Governor, Division of Administration, Office of State Procurement, LR 42:2 (January 2016).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1566.