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Bid Process/Purchasing. Michael Vallan Assistant Attorney General Louisiana Department of Justice Office of the Attorney General . Using Louisiana's Public Bid Law. La. R.S. 38:2211-2296 Louisiana Department of Justice. James D. “Buddy” Caldwell Attorney General. Michael J. Vallan
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Offered Process/Purchasing Michael Vallan Assistant Attorney General Louisiana Department of Justice Office of the Attorney General

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Using Louisiana\'s Public Bid Law La. R.S. 38:2211-2296 Louisiana Department of Justice James D. "Pal" Caldwell Attorney General Michael J. Vallan Assistant Attorney General

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Application All Political Subdivisions All Locally Elected Officials Louisiana Legislature State Judiciary State Agencies for Public Works Only

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Application Public Works Construction Remodeling Utilities Roads and Bridges Improvements

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Application Public Works Total Project cost of $100K or More Projects under $100K might be finished by Force Account Construction Manager precluded from overseeing Public Work as general contractual worker Design Build restricted

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Application Public Works Maintenance of Public Works should dependably be possible with your own particular representatives Construction of structures should be possible with your own workers if under 100K Contracts for development over $50K require an authorized temporary worker

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Application Purchases Equipment Vehicles Supplies All Other Movable Property

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Application Purchases Below $10K – No methodology indicated $10K to $20K – Three phone or fax cites required $20K or more – Advertise for fixed offers

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Application PBL Does Not Apply to: Purchase of Services Professional or Otherwise Pure Leases Insurance

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Specifications Division or partition of any buy or open works venture to stay away from offer law is Illegal

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Specifications "Prerequisites" Contracts Office Supplies Sand and Gravel Gasoline Tires Auto Parts Other Commodities required in little, repeating sums

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Specifications Index Pricing Award in light of Margin over "File Price" "Cost Plus" contracts not permitted

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Specifications Must Be Open May utilize a brand name and model number Must express that results of comparative quality are worthy Must be connected genuinely Must not reject items that are practically proportionate to one portrayed in details Change orders approved if inside the extent of agreement

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Specifications Alternates Maximum of 3 Alternate by any name is still a substitute Order of acknowledgment can\'t influence grant

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Specifications Data Processing and Telecommunications May utilize ITB May utilize RFP Advantages of RFPs May utilize RFP for administration contract

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Advertising for Bids Required above limits In the official diary Complete arrangements and specs accessible Must tell when and where offers will be opened

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Advertising for Bids Public Works Once every Week for Three Different Weeks Begin 25 days before offers are to be gotten Time and place of compulsory pre-offered gathering must be incorporated into promotion. No addendum might be issued inside 72 hours of offer opening Addendum issued inside 7 days must be sent by fax, email or hand conveyed and standard mail

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Advertising for Bids Purchases Two notices Must start no less than fifteen days before offers are to be gotten

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Other Procurement Issues Emergencies Very limited definition Public body must proclaim crisis Negotiate contract Advertise see inside 10 days of revelation Extreme crisis

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Opening of Bids Need not be done before people in general body Late offers ought to be returned unopened Bids must be freely opened and read resoundingly Bids are open records

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Bid Evaluation Bidder "Obligation" Bidder "Responsiveness"

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Bid Evaluation "Responsiveness" Has bidder offered you what you request?

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Bid Evaluation "Obligation" Refers to the character or nature of the bidder Past involvement with bidder Are you safe working with this contractual worker?

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Bid Evaluation Disqualification for absence of obligation Must give a listening to Rejection to lethargy Notify bidder of reason

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Bid Evaluation Withdrawing a Bid Must be finished by testimony Must be done inside 48 hours of offer opening Only for "patently self-evident, accidental and significant mechanical, administrative or scientific blunders"

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Bid Evaluation Cancelation of Solicitation Must have "noble motivation" after offers opened Within 45 days must: Award to most minimal bidder Reject all offers for worthy motivation Extend due date with assent of low bidder

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Bid Evaluation Informalities Statute prohibits waiver Courts permit "waiver of deviations that are not substantive" This contention gives you adaptability Be steady

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Other Procurement Issues Product Preferences Food stuffs and paper items, become fabricated or prepared in Louisiana; compulsory 10% value inclination Grown outside Louisiana and handled inside Louisiana; obligatory 7% inclination Other items – open element may give "second nibble" for Louisiana items whose cost is inside 10% of low offered cost for non-Louisiana item

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Bonds Statutory prerequisites change much of the time Bonds ought to be given by US Treasury recorded surety or Louisiana possessed surety

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Bonds Bid Bond Mandatory for open works at 5% of offer sum Optional for buy of materials and supplies

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Bonds Performance Bond Mandatory for every single open work let by offer half of agreement sum Payment Bond Mandatory for every open work $25K or more half of agreement sum

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Other Procurement Issues Legal Remedies May be looked for by any bidder or any resident May ask for a directive or mandamus May look for harms for unlawful acts "Shriek blower" may ask for AG examination Potential honor of lawyer expenses and punishments

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How to Avoid the PBL Use state contracts Use state contracts through neighborhood merchant "Piggy back" buys Adopt the acquirement code

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Support Procurement Professionalism National Institute of Government Procurement Seminars Training for Certification

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You May Contact My Office Michael Vallan Telephone 225/326-6083 Fax 225/326-6096

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