La. Admin. Code tit. 34 § XIII-525

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

Section XIII-525 - Exceptions to the Competitive Solicitation Process

A. Exceptions. Exceptions to the competitive solicitation processes, when deemed in the best interest of the university, as the following, but not limited to:

1. equipment or vehicle repairs and repair parts from an authorized dealer or original equipment manufacturer;

2. equipment moves by the original equipment manufacturer or authorized dealer to ensure equipment operation to original equipment manufacturer specifications, calibration, warranty, etc.;

3. vehicle body repairs covered by insurance recovery and in accordance with insurance requirements;

4. livestock procured at public auction;

5. livestock sperm and ova;

6. working class animals trained to perform special tasks, including, but not limited to, narcotics detection, bomb detection, arson investigation and rescue techniques;

7. publications and/or copyrighted materials procured directly from the publisher or copyright holder;

8. publications and/or copyrighted materials procured by libraries or text rental stores from either subscription services or wholesale dealers which distribute for publishers and/or copyright holders;

9. publications of articles, manuscripts, etc. in professional scientific, research, or educational journals/media and/or the procurement of reprints;

10. royalties and license fees for use rights to intellectual property, such as, but not limited to: patents, trademarks, service marks, copyrights, music, artistic works, trade secrets, industrial designs, domain names, etc.;

11. public utilities and services provided by local governments;

12. prosthetic devices, implantable devices and devices for physical restoration;

13. educational training and related resources used to enhance the performance of university employees and good standing of state agencies, including memberships in and accreditations by professional societies and organizations;

14. materials, supplies, exhibitor fees and exhibit booths for conferences, seminars and workshops or similar events (business, educational, promotional activities) which enhance economic development or further the universitys mission, duties and/or functions, with the approval of the CPO or equivalent;

15. food, material and supplies for teaching and training where procuring, preparing and serving of food are part of the prescribed course;

16. shipping charges and associated overseas screening and broker fees between international and domestic origins and destinations;

17. parcel services, including but not limited to Federal Express, United Parcel services, Airborne Express and Express Mail;

18. advertising where the CPO certifies that specific media is required to reach target audiences;

19. scientific and laboratory supplies, equipment and services for scientific research when procured by the university for laboratory, educational or scientific research; not to exceed $50,000 per transaction;

20. procurement or rental of mailing lists;

21. art exhibitions, rentals and/or loan agreements and associated costs of curatorial fees, transportation and installation;

22. instructors for continuing education courses taught on an as-needed basis;

23. procurement of services from subcontractors named in federal, state and private sponsored agreements when the grant award is received in which a portion of the services is subcontracted;

24. services paid for with federal funds provided specifically for such purposes;

25. used equipment and antique procurements;

26. Office of State Purchasing contracts or state master agreements;

27. procurements from GSA contract schedules;

28. intergovernmental or interagency contracts;

29. procurement of items for resale;

30. renewal of document storage facilities;

31. dues, registrations and membership fees;

32. analysis of research specimens necessary to preserve continuity of science;

33. goods or services purchased in foreign countries;

34. contracts for employee benefit plans as authorized by law;

35. client services;

36. procurements not exceeding the amounts established by the management board may be made in accordance with small purchase procedures, except that procurement requirements shall not be artificially divided so as to constitute a small purchase;

37. web-based or subscription services;

38. services provided by expert witnesses;

39. renewal of termite service contracts.

B. Emergency Procurements. Emergency procurements shall be made using the most competitive process available consistent with the need for responding to the emergency. Reasonable efforts under the circumstances shall be made to obtain quotations from three or more vendors when goods or services are to be purchased on an emergency basis. Emergency procurement shall be limited to only those goods and services necessary to meet the emergency.

C. Cooperative Purchasing Agreements

1. The CPO may approve a single purchase or approve ongoing participation in a cooperative purchasing agreement as a University-wide price agreement. The CPO has the final authority to approve the universitys participation in cooperative purchasing agreements.

2. If it is in the best interests of the university after considering:

a. the competitiveness of pricing under the contract;

b. the competitiveness of the solicitation and award process;

c. the efficiencies and cost savings of using the contract.

3. The university may participate in, conduct, sponsor or administer a cooperative purchasing agreement.

4. A report of all group purchasing or cooperative purchasing contracts by each institution authorized under these provisions shall be provided to the Joint Legislative Committee on the Budget no later than 90 days after the end of each fiscal year. Such report shall, at a minimum, include a measurement of the savings derived from the utilization of the group purchasing or cooperative purchasing process.

La. Admin. Code tit. 34, § XIII-525

Promulgated by the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, Office of Procurement and Property Management, LR 41547 (3/1/2015).

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