La. Admin. Code tit. 42 § IX-1303

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

Section IX-1303 - General

A. Definitions. The following terms shall have the following meanings when used in these policies and rules unless the context clearly indicates otherwise.

Act or The Act- the "Louisiana Economic Development and Gaming Corporation Act" or the provisions of R.S. 4:601 et seq.

Authorized Officers- the president, the vice president, the secretary-treasurer, the procurement officer and all persons designated as division heads in the corporation's organizational structure from time to time.

Board- the board of directors of the corporation as established and existing pursuant to the Act.

Business- any corporation, partnership, individual, joint stock association, sole proprietorship, joint venture, business association, cooperative association, professional corporation or any other legal entity through which business is conducted.

Contractor- any vendor, entity or business with which the corporation has entered into a procurement contract.

Director- a member of the board.

LouisianaLaws- all provisions of the statutes in the Constitution of the State of Louisiana and all statutes, codes, rules and regulations.

Major Procurement- shall have the same meaning ascribed to such term in §605(23) of the Act.

Minor Procurement- shall have the same meaning ascribed to such term in §605(24) of the Act.

Person- any business, individual, union, committee, club, firm, corporation or other organization or group of individuals.

Procurement- the acquisition by the corporation of any goods or services in return for a cash payment or the promise thereof. The term shall not include:

a. acquisitions from an agency or political subdivision of the state of Louisiana;

b. employment contracts with individuals;

c. financing; or

d. contracts for goods or services provided as part of, or related to, a lease of immovable property.

Procurement Agent- the officer of the corporation appointed by the president, or the board in the absence of the president, to manage and supervise procurement from time to time.

Procurement Authorization Form- the document prepared by the corporation pursuant these procurement rules by which a procurement is authorized.

Request for Proposals or RFP- the document prepared and issued by the corporation pursuant to §1305. B of these policies and rules.

Special Circumstances- the circumstances meeting the requirement of or described in §1305. J of these procurement rules.

Special Procurement- an emergency or special procurement authorized in §1305. J of these policies and rules.

B. Authority of the Corporation. These procurement rules are adopted pursuant to the power granted the corporation under the Act. These procurement rules are supplemental to and may be utilized in substitution of all Louisiana Laws relating to procurement. These policies and rules when utilized shall, pursuant to the Louisiana Economic Development and Gaming Corporation Act, render Louisiana Laws on procurement inapplicable to the corporation. Additionally, these policies and rules shall be deemed to incorporate any adopted or promulgated corporation rules of conduct, the Louisiana Code of Governmental Ethics and the Act and no procurement rule, policy or practice of the corporation under these special procedures shall be construed to allow any procurement by the corporation which would otherwise be prohibited by the Act, the corporation rules of conduct, or the Louisiana Code of Governmental Ethics.

La. Admin. Code tit. 42, § IX-1303

Promulgated by the Louisiana Economic Development and Gaming Corporation, LR 19:1018 (August 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 4:601 et seq.