La. Admin. Code tit. 34 § V-301

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

Section V-301 - Content of the Invitation to Bid (ITB)

A. Invitation to Bid

1. Purchases whose estimated cost exceeds the defined maximum value for small purchases established by executive order of the governor shall provide adequate public notice in accordance with R.S. 39:1594. Determination of adequate public notice shall take into consideration the nature and complexity of the solicitation. All advertisements, written invitations to bid, or other forms of solicitations allowed by law posted through a secure centralized electronic interactive environment pursuant to the Louisiana Uniform Electronic Transaction Act (R.S. 9:2601-2621) and applicable rules and regulations (i.e. LAC 4:XV.701 et seq.) shall contain general descriptions of the classes of commodities on which bids are solicited and shall state:

a. the date and time when bids will be received, opened and publicly read;

b. the names and locations of the state agencies for which the purchases are to be made;

c. where and how specifications and bid forms may be obtained.

2. The invitation to bid shall be on the states standard forms containing all pertinent information and shall be full and complete including specifications, quantities, units, packaging and number of containers to the case.

B. Content. The invitation to bid shall include the following:

1. the purchase description, evaluation factors, delivery or performance schedule, and inspection and acceptance requirements not included in the purchase description; and

2. the contract terms and conditions, including warranty and bonding or other security requirements, as applicable.

C. Incorporation by Reference. The invitation to bid may incorporate documents by reference provided that the invitation to bid specifies where such documents can be obtained.

D. Special Conditions. If any special conditions are to apply to a particular contract, they shall be included in the invitation to bid.

E. Types of Purchases. Purchases are made in two different ways.

1.Open Market-a purchase made other than under a schedule or term contract.

2.Term Contracting-a technique by which a source of supply is established for a specific period of time. Term contracts are usually based on indefinite quantities to be ordered "as needed," although such contracts can specify definite quantities with deliveries extended over the contract period.

F. Request for Proposals. In the event the state uses the request for proposals method of procurement pursuant to R.S. 39:1595, the procurement shall be made in accordance with Chapter 26 of this Part.

La. Admin. Code tit. 34, § V-301

Promulgated by the Office of the Governor, Division of Administration, Office of State Purchasing, LR 8:328 (July 1982), amended LR 21:566 (June 1995), repromulgated LR 40:1349 (July 2014), LR 40:2549 (December 2014), amended by the Office of the Governor, Division of Administration, Office of State Procurement, LR 41:1281 (July 2015), Amended LR 44751 (4/1/2018), Amended LR 47579 (5/1/2021).

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