La. Admin. Code tit. 34 § XIII-1902

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

Section XIII-1902 - Contract Clauses; Administration

A. Required Contract Clauses. Clauses providing for the following requirements may be included in contracts, except upon a written determination by the CPO, approved in writing by the CFO or designee that the interests of university are best served by omitting the clause. The interest of the university that may include the following:

1. termination of the contract for default;

2. the right to suspend or terminate a contract based on the absence of budgeted funds for the acquisition of goods or services;

3. prohibiting illegal discrimination by the contractor;

4. requiring that Louisiana law shall apply to all disputes, and that venue for any actions brought against university arising out of the contract shall be only in the Nineteenth Judicial District Court in East Baton Rouge Parish;

5. liquidated damages as appropriate;

6. specified reasons for delay or nonperformance;

7. termination of the contract in whole or in part for the convenience of the university;

8. for cost reimbursement-based contracts, an itemized budget;

9. a description of reports or other deliverables to be received, when applicable;

10. a schedule when reports or other deliverables are to be received, when applicable;

11. responsibility for payment of taxes, when applicable;

12. assignability of the contract or rights to payments under the contract;

13. indemnification;

14. payment terms in accordance to R.S. 13:4202(B) for the applicable time period.

B. Required Contract Clauses. Clauses providing for the following requirement shall be included in contracts.

1. All contracts will contain audit language to comply with R.S. 39:1629.1.

C. Contract Clauses. May permit or require the inclusion of clauses providing for appropriate equitable adjustments in prices, time for performance, or other contract provisions.

D. Documentation. If it is determined by the university that additional evidence of the validity of a claim for payment is required, such evidence shall be requested within 10 days, excluding Saturdays, Sundays and postal holidays from the receipt of the bill. In instances where additional evidence is required, the bill shall be reviewed and payment or rejection made within 30 days from receipt of the evidence requested by the university.

La. Admin. Code tit. 34, § XIII-1902

Promulgated by the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, Office of Procurement and Property Management, LR 41552 (3/1/2015), Amended by LR 411120 (6/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of 2014.