La. Admin. Code tit. 28 § I-1103

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1103 - Purchasing, Auditing, and Contracts for Professional/Consulting/Social Services

A. Purchasing. Entities under the jurisdiction of the board shall comply with all applicable federal and state laws, rules, regulations, and board policy which govern the purchase of goods and services.

B. Auditing

1. Entities under the jurisdiction of the board shall submit to an audit of their operations. This audit shall be conducted in accordance with provisions and timelines established by the Office of the Legislative Auditor.

2. Once the Office of the Legislative Auditor has issued a report on the operations of an entity under the board's jurisdiction, it shall be the responsibility of the LDE to provide the board with a complete analysis of the report and to recommend corrective actions to be taken, when necessary.

3. The board shall annually approve the audit plan for the operations of the Bureau of Internal Audit (BIA) within the Louisiana Department of Education.

C. Authority and Delegation for contracts for Professional/Consulting/Social Services

1. Entities under the jurisdiction of the board shall negotiate all contracts for professional/consulting/social services in accordance with all applicable federal and state laws and in accordance with all applicable federal and state rules and regulations and board policy.

2. The state superintendent may negotiate and approve contracts for professional/consulting/social services in the amount of $50,000 or less and shall issue a report for receipt by the board on all contracts approved. Contracts in the amount of $50,000 or less, approved via the authority of the state superintendent, cannot be amended under this same authority, such that the original contract and subsequent amendments result in an overall amount of greater than $50,000, unless approved by the board, or the board president and chairman of finance via emergency authority.

3. The state superintendent shall recommend to the board for approval all contracts negotiated by the LDE and/or RSD in accordance with board policy for professional/consulting/social services over $50,000. BESE approval and signature of the board president shall be obtained prior to execution and/or payment of contracts greater than $50,000.

4. In the event of a suspension of any provisions of the Louisiana Procurement Code or of any provision of the corresponding rules and regulations, BESE approval shall be required as provided in Subparagraphs 2 and 3 of this subsection, unless those provisions are also suspended.

a. The request shall be forwarded to the BESE executive director to include the following:

i. the reason for the request, the name of the contractor/recipient, the amount of the contract/allocation;

ii. the contract/allocation period; and

iii. a description of the services to be provided.

b. The emergency approval shall be communicated, to the extent possible, electronically, including all of the aforementioned information, to all board members within 24 hours of approval, as well as presented at its next meeting.

c. An emergency condition is a situation which creates a threat to public health, welfare, safety, or public property such as may arise by reason of floods, epidemics, riots, equipment failures, or such other reason as proclaimed by the state superintendent. The existence of such condition creates an immediate and serious need for supplies, services, or major repairs that cannot be met through normal procurement methods and the lack of which would seriously threaten:

i. the functioning of Louisiana government;

ii. the preservation or protection of property; or

iii. the health or safety of any person.

d. The state superintendent shall require that a record be created of all emergency declarations by making a written determination stating the basis for an emergency procurement, in addition to BESE emergency approval, as well as the selection of a particular contractor/recipient. In addition to the written determination describing the basis for the emergency procurement and issuance, the record shall also contain:

i. each contractor's/recipient's name;

ii. the amount and type of each contract/recipient; and

iii. a listing of services procured under each contract or allocated to each recipient; and

iv. the written memorandum from the state superintendent of education or his designee setting forth the request for BESE approval, the reason for the request, the name of the contractor, the amount of the contract, the contract period, and a description of the services to be provided.

5. In the event that there is an emergency, as defined in applicable law and BESE policy below and prior to execution, issuance, or payment, the chairman of the Board Finance Committee and the board president may jointly approve, upon signature, a contract, contract amendment, or allocation, upon the receipt of a written memorandum from the state superintendent of education or his/her designee, setting forth the request for approval.

a. The request shall be forwarded to the BESE Executive Director to include the following:

i. the reason for the request, the name of the contractor/recipient, the amount of the contract/allocation;

ii. the contract/allocation period; and

iii. a description of the services to be provided.

i. the functioning of Louisiana government;

ii. the preservation or protection of property; or

iii. the health or safety of any person.

i. each contractor's/recipient's name;

ii. the amount and type of each contract/recipient; and

iii. a listing of services procured under each contract or allocated to each recipient; and

La. Admin. Code tit. 28, § I-1103

Promulgated by the Board of Elementary and Secondary Education, LR 34:424 (March 2008), amended LR 38:3155 (December 2012), LR 39:3266 (December 2013), Amended LR 482559 (10/1/2022), Amended LR 49242 (2/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10).