2004 REGULAR LEGISLATIVE SESSION Prepared by: Office of Contractual Review

SENATE RESOLUTION 12 Requires (4) state public retirement systems (State Employees, Teachers, School Employees & State Police) to comply with state policy, procedures & regulations governing travel, contracts, procurement, effective immediately.

SENATE RESOLUTION 124 Creates the Louisiana Prosper Commission to study public bid law, state executive agency procurement law, and bid preferences and reciprocal preferences.

ACT 433 HOUSE BILL 1224 (Requires RFP’s to be Advertised Electronically)  Provides for definitions for “written” and “in writing”  Requires RFP’s under RS 39:1503 to be advertised by agency through centralized electronic interactive website administered by DOA (LAPAC)  Electronic notice to include name & address of contracting agency and establish date, time & place whereby RFP’s are to be received.  Effective October 1, 2004

ACT 842 HOUSE BILL 702 (Provides for Multi-Year Contracts)  Allows DSS contracts for electronic disbursement services for child support payments and DOC contracts for prisoner dialysis to be entered into for up to 5 years.  Allows contracts for electronic benefits issuance system to be entered into for 10 years and may be applied to current contract at discretion of Department Secretary.

ACT 871 HOUSE BILL 1309 (Requires Repayment of Funds Received from the State)  Requires cooperative agreements or other agreements between state and non-governmental entities providing for expenditure of state funds, directly or indirectly, to include a requirement for the repayment of funds received if entity ceases to do business in the state, ceases to do business, defaults on agreement or breaches agreement terms.  Paragraph not applicable to entities participating in business incubator programs.  Requires the state entity executing such contract to enforce the provisions.  Subsection not applicable to Quality Jobs Program or Enterprise Zone Program.

ACT 832 HOUSE BILL 421 (Exempts Certain Proprietary or Trade Secret Information from Public Records Law)  Records containing proprietary or trade secret information pertaining to any code, pattern, formula, design, device, method or process submitted to public body by developer, owner or manufacturer must contain cover sheet and clearly identified as proprietary or trade secret.  Determination of such proprietary or trade secret information shall be made by custodian within 30 days of submission or within 72 hours of a public records request.  Custodian must notify developer, owner or manufacturer of such public records request immediately and prior to disclosure of custodian’s determination.  General information and non-proprietary or trade secret information is subject to public examination and reproduction.

ACT 869 HOUSE BILL 1256 (Provides for Review & Execution of Performance Based Energy )  Energy savings guarantee shall ensure total annual savings sufficient to fund any financing arrangement agreed to fund the contract.  Describes minimum contract content but exempts contracts resulting from RFP’s advertised prior to June 17, 2004 from this requirement.  Describes evaluation procedures to be followed, including evaluation by DNR and an independent 3 rd party consultant selected by Commissioner of Administration.  Allows for assistance from 3 rd party consultant in the negotiation process.

ACT 869 HOUSE BILL 1256 Cont. (Provides for Review & Execution of Performance Based Energy )  Final selection & award of contract shall be made by Commissioner of Administration.  Provisions of E(a) through (d) not applicable to RFP’s or contracts received in DOA prior to January 1,  Proposer required to pay up to 2 ½ % of total value of contract to cover cost of administering the project.  Commissioner to send proposed rules to JLCB no later than August 1, 2004 and to La. Register for publication within 10 days of JLCB approval.