La. Admin. Code tit. 34 § III-501

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

Section III-501 - Authority, Policy, Purpose, and Application

A. Authority. Louisiana Revised Statutes provide that all agreements for the lease or rental of space shall be made by the agency whose offices and/or activities are to be housed, but shall be made and entered into only with the approval of the Commissioner of Administration. (Louisiana Procurement Code, Louisiana Revised Statutes, Chapter 17 of Title 39 R.S. 39:1551 et seq. with particular reference to R.S. 39:1641-1644). The commissioner has designated the Office of Facility Planning and Control, Real Estate Leasing Section, to administer this function (R.S. 39:1641).

B. Policy. It is the policy of the Division of Administration to acquire the best available rental space for state agencies with the greatest amount of competition among lessors of privately owned facilities (R.S. 39:1594.G, R.S. 39:1594.E as amended, R.S. 39:1643.A as amended).

C. Purpose. The purpose of these procedures and regulations is to simplify and clarify the procurement practices for renting and leasing of space for state agencies, to provide increased economy and efficiency in procurement activities, to foster more effective competition for bid space, ensure fair and equitable treatment of all persons involved, to enable greater public confidence in the lease procurement process, and to maintain a procurement system of quality and integrity.

D. Application. The definition of agency stated in R.S. 39:2(A)(2) shall be the sole definition of the term state agency employed herein in connection with the acquisition of housing space and the fact that an agency is supported by fees or taxes collected by, or dedicated to, the agency or which otherwise receives its operating funds through means other than direct appropriations, shall not be a test as to whether these rules shall be applicable to an agency of the state. (R.S. 39:1641(C)).

La. Admin. Code tit. 34, § III-501

Promulgated by the Office of the Governor, Division of Administration, Facility Planning and Control, LR 10:902 (November 1984), amended LR 26:1019 (May 2000).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1551-1736.