Louisiana

Key Agency(ies):

• The Office of State Procurement (OSP) is the centralized purchasing agency for the State of Louisiana and is responsible for all state procurement activities.

Key Statute:

• The Louisiana Procurement Code is codified at La. Stat. Ann. 39 §§ 1551-1755.
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Key Regulations:

• Louisiana Administrative Code (La. Admin. Code), Title 34, Part V is the primary procurement regulation for Louisiana.
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• The OSP also maintains a website of agency resources for contractors including official memorandums and guidance:
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Procurement Types/Highlights:

• Competitive Sealed Bidding
• Small Purchases
• Reverse Auctions
• Emergency Procurements
• Sole Source Procurements

Bid Protests:

Regs Governing Bid Protests:

• Bid protest procedures are governed by La. Stat. Ann. § 39:1671 et seq., La. Stat. Ann. § 39:1683, and La. Stat. Ann. § 39:1693, along with implementing regulations in LAC Title 34, Part V.

Eligible Protesters:

• “Any person who is aggrieved in connection with the solicitation or award of a contract may protest to the CPO.” La. Stat. Ann. § 39:1671.

Timeliness Rules:

• Solicitation protests must be submitted in writing at least two days prior to bid opening, except for housing of state agencies, which requires 10 days prior. La. Stat. Ann. § 39:1671(A).
• Award protests must be submitted in writing within 14 days after contract award. La. Stat. Ann. § 39:1671(A).

Protest Process:

• The CPO is authorized to settle and resolve the protest prior to court action. La. Stat. Ann. § 39:1671(B).
• If not resolved by mutual agreement, the CPO shall issue a written decision within 14 days, stating the reasons and informing the protesting party of its right to administrative and judicial review. La. Stat. Ann. § 39:1671(C).
• The decision is final and conclusive unless it is fraudulent or an administrative appeal has been timely filed.
• The Commissioner’s decision is also final unless fraudulent or timely appealed to court.
• If a protest is timely filed before award, the procuring officer shall make no award until the protest is resolved.
• If a protest is timely filed after award, the award shall be stayed without penalty to the state, unless the CPO determines that immediate execution is necessary to protect substantial state interests.

Appeals:

• Judicial review is available through the 19th Judicial District Court, which has exclusive venue over suspension and debarment actions and bid protest appeals. Bid protest appeals must be filed within 14 days of the Commissioner’s decision for bid protests.

Claims: 

• Claims are governed by La. Stat. Ann. §§ 39:1672.2, 1672.3, and 1673 with different procedures for professional, personal, consulting, social services contracts (handled by the Commissioner), and all other contracts (handled by the CPO).
• The CPO or Commissioner must issue a written decision resolving the claim; if not issued within 60 or 120 days, the contractor may proceed as if denied.
• Administrative appeals for non-service contracts must be with the Commissioner within 14 days of the CPO’s decision; service contracts go directly to the court.
• All decisions are final and conclusive unless fraudulent or timely appealed.

Suspension & Debarment:

• The CPO may suspend a person if there is probable cause to believe that they engaged in activity that might lead to debarment.
• Suspension shall not exceed six months.
• For debarment, the CPO must issue a written decision detailing the reasons and informing the person of their right to administrative and judicial review.
• The decision by the CPO is final unless fraudulent or timely appealed.
• Grounds for debarment include the following:
• Conviction for criminal offenses related to public/private contracts
• Violations of state/federal statutes involving embezzlement, theft, bribery, forgery, falsification of records, or other offenses indicating lack of integrity
• Antitrust violations related to bidding
• Deliberate failure to perform contracts without good cause
• Unsatisfactory performance not caused by external factors
• Debarment by another governmental entity
• Violations of the Louisiana Code of Governmental Ethics
• Administrative appeals must be filed within 14 days of the CPO’s decision.
• The Commissioner must decide within 14 days whether the CPO’s action was lawful and fair.
• Upon request, the CPO shall review the file of a debarred individual or business annually.

Interesting/Distinctions: 

• Louisiana has special provisions for the contracting of professional services.
• Contracts for professional or personal services, as well as consulting services with a total maximum compensation of less than $75,000 for a 12-month period, may be awarded without competitive bidding or negotiation.
• Contracts for consulting services with a total maximum compensation of $75,000 or more for a 12-month period and social services contracts for $250,000 or more, must be awarded pursuant to the competitive sealed proposals process.