La. Admin. Code tit. 34 § I-5515

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

Section I-5515 - Pre-Printed Contract Forms; Clauses; Approval

A. In accordance with the provisions of R.S. 39:200(F)the director of purchasing may approve a vendor's pre-printed contract form in accordance with the following requirements.

B. All pre-printed contract forms submitted for approval shall, at a minimum, contain the following provisions:

1. the contract shall be governed by the laws of the state of Louisiana;

2. the unilateral right of the state to order in writing changes in the work within the general scope of the contract in any one or more of the following:

a. drawings, designs, or specifications, if the supplies to be furnished are to be specially manufactured for the state in accordance therewith;

b. method of shipment or packing; or

c. place of delivery;

3. the unilateral right of the state to order in writing temporary stopping of the work or delaying of performance;

4. variations between estimated quantities of work in a contract and actual quantities;

5. termination of the contract for vendor's default;

6. termination of the contract in whole or in part for the convenience of the state;

7. the vendor agrees continuation of contracts in effect during more than one fiscal year is contingent upon the appropriation of funds to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the contract or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act or Title 39 of the Louisiana Revised Statutes of 1950 to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated.

C. If applicable, the following provisions may be included as negotiated by the parties and approved by the director of purchasing:

1. liquidated damages as appropriate;

2. specified excuses for delay or nonperformance;

3. the vendor shall agree to indemnify the state and hold the state harmless

4. the vendor shall agree to secure and maintain insurance;

D. The director of purchasing may approve a vendor's pre-printed contract form with the participation of the procurement support team.

E. A pre-printed contract form that has been approved shall display the following language adjacent to its title: "This contract form has been approved by the director of state purchasing."

F. The pre-printed contract form shall also display in the form footer the contract approval date and the contract version number as provided by the director of state purchasing.

G. In the event any contractor fails to fulfill or comply with the terms of any contract, the director of purchasing may rescind approval of the vendor's pre-printed contract form.

H. Only those terms and conditions contained in the pre-printed form approved by the director of purchasing shall have any effect between the parties and any reference to or inclusion of other terms and conditions contained in other documents or websites is prohibited.

I. Any alterations or changes to the terms and conditions of the approved pre-printed form are prohibited and will automatically void the approval of the pre-printed form.

La. Admin. Code tit. 34, § I-5515

Promulgated by the Office of the Governor, Division of Administration, Office of State Purchasing, LR 39:1280 (May 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:200(F).