La. Admin. Code tit. 34 § V-101

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

Section V-101 - General Purpose and Policies [Formerly LAC 34:I.301]

A. Definition and Purpose

1.Specification- any description of the physical functional, or performance characteristics, or of the nature of a supply, service, or major repair item. The specification includes, as appropriate, requirements for inspecting, testing, or preparing a supply, service, or major repair item for delivery. Unless the context requires otherwise, the terms specification and purchase description are used interchangeably throughout these regulations.

2. The purpose of a specification is to serve as a basis for obtaining a supply, service, or major repair item adequate and suitable for the state's needs in a cost effective manner, taking into account, to the extent practicable, the costs of ownership and operation as well as initial acquisition costs. It is the policy of the state that specifications permit maximum practicable competition consistent with this purpose. Specifications shall be drafted with the objective of clearly describing the state's requirements.

3. All definitions, whether listed here or elsewhere within Part V of these regulations, or as listed in R.S. 39:1556, shall apply.

a.Invitation for Bids- all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in R.s. 39:1594. Unless the context requires otherwise, invitation for bids (IFBs) and invitation to bid (ITB) are used interchangeably herein.

b.Proposer- a firm, venture or individual who responds to the competitive sealed proposal.

B. Nonrestrictiveness. All specifications shall be written in such a manner as to describe the requirements to be met, without having the effect of exclusively requiring a proprietary supply, service, or major repair item, or procurement from a sole source, unless no other manner of description will suffice. In that event, a written determination shall be made that is not practicable to use a less restrictive specification.

C. Preference for Commercially Available Products. It is the general policy of this state to procure standard commercial products whenever practicable. In developing specifications, accepted commercial standards shall be used and unique requirements shall be avoided, to the extent practicable.

D. Escalation and De-Escalation Clauses. Solicitation specifications may contemplate a fixed escalation or de-escalation in accordance with a recognized escalation index.

La. Admin. Code tit. 34, § V-101

Promulgated by the Office of the Governor, Division of Administration, Office of State Purchasing, LR 21:566 (June 1995), repromulgated LR 40:1347 (July 2014), LR 40:2547 (December 2014), Amended by the Office of the Governor, Division of Administration, Office of State Procurement, LR 44750 (4/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1581.