TITLE 39. PUBLIC FINANCE

SUBTITLE III. GENERAL LAWS ON STATE DEBT

CHAPTER 16. PROFESSIONAL, PERSONAL, CONSULTING, AND SOCIAL SERVICES PROCUREMENT

PART II. SOURCE SELECTION AND CONTRACT FORMATION

SUBPART A. METHODS OF SOURCE SELECTION

39:1498      Approval of contract; penalties

 A. Before approving a proposed contract for professional, personal, consulting, or social services, the director of the office of contractual review or an assistant shall have determined that:

 (1) All provisions of R.S. 39:1497 have been complied with.

 (2) The using agency has statutory authority to enter into the proposed contract.

 (3) The contract will not establish an employer/employee relationship between the state or the using agency and any prospective contractor.

 (4) No current state employee will engage in the performance of the proposed contract except as provided for in R.S. 39:1498.2.

 (5) No using agency has previously performed or contracted for the performance of tasks which would be substantially duplicated under the proposed contract without appropriate written justification.

 (6) There has been appropriated or otherwise lawfully made available and ready for expenditure sufficient monies for payment of the services called for in the contract, at least for the applicable fiscal year.

 (7) The contracting using agency has specified the purpose, duration, specific goals and objectives, measures of performance, and a plan for monitoring the services to be provided under the contract.

 (8) The using agency has a written plan for the monitoring of the contract and such monitoring plan has been submitted in accordance with rules and regulations adopted by the office of contractual review.

 (9) The provisions of R.S. 12:25(E) have been complied with, if the contract is with a business corporation, the provisions of R.S. 12:205(E) have been complied with, if the contract is with a non-profit corporation, or the provisions of R.S. 12:304(A)(11) have been complied with, if the contract is with a foreign corporation.

 B. Any corporation which fails to make complete disclosure of ownership, directors, and officers as required by law shall be required, as a penalty, to refund any funds received by that corporation from the state for the contract.

Added by Acts 1978, No. 772, §1. Amended by Acts 1979, No. 459, §1, eff. July 13, 1979; Acts 1981, No. 870, §1; Acts 1985, No. 673, §1. Amended by Acts 1991, No. 944, §1; Acts 1997, No. 739, §1, eff. July 1, 1997.