La. Admin. Code tit. 34 § V-319

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

Section V-319 - Receipt, Opening and Recording of Bids

A. Receipt. Upon receipt, all bids and modifications will be time-stamped, if received other than electronically, but not opened. All bids received shall be secured until bid opening time.

1. Electronically received bids receipt time shall be determined in accordance with R.S. 9:2615(B).

B. Opening and Recording

1. Bids and modifications shall be opened publicly, in the presence of one or more witnesses, at the time and place designated in the invitation to bid. The names of the bidders and the bid price shall be read aloud or otherwise made available and shall be recorded.

2. The opened bids shall be available for public inspection, in accordance with R.S. 44.Chapter I.

C. Postponed Openings Exceptions. In the event that bids are scheduled to be opened on a day that is a federal holiday, or if the governor by proclamation creates an unscheduled holiday, or for any cause that exists that creates a nonworking day, bids scheduled to be opened on that day shall be opened on the next working day at the same address and time specified in the invitation to bid.

D. The final disposition of an unopened withdrawn bid or an unopened late bid shall be managed according to the following steps.

1. For purposes of this Subsection only, bid shall be understood to also refer to a competitive sealed proposal, and bidder shall be understood to also refer to a person submitting a competitive sealed proposal.

2. The Office of State Procurement or the using agency shall not open an unopened bid in its possession for any reason unless so properly ordered by a court of competent jurisdiction.

3. The Office of State Procurement or the using agency shall document by scan, photograph, or similar means any and all visible surfaces of the bid envelope or packaging which appear to contain text. Resulting images shall be retained in the bid file.

4. The Office of State Procurement or the using agency shall notify, in writing, the bidder whose bid is withdrawn or late that such bid is not the property of the state because it has been withdrawn or determined to be late, and that the bidder should retrieve, or arrange for third-party disposition of, its property within 30 days of written notice.

5. If the bidder fails to retrieve its bid within 60 days of written notice, the Office of State Procurement or the using agency shall dispose of the bid using secure means.

La. Admin. Code tit. 34, § V-319

Promulgated by the Office of the Governor, Division of Administration, Office of State Purchasing, LR 8:329 (July 1992), amended LR 21:566 (June 1995), repromulgated LR 40:1351 (July 2014), LR 40:2551 (December 2014), Amended by the Office of the Governor, Division of Administration, Office of State Procurement, LR 44753 (4/1/2018), Amended LR 47580 (5/1/2021).

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