La. Admin. Code tit. 34 § V-2503

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

Section V-2503 - Definitions and Classes of Contractual Services

A. The following services shall be contracted out in accordance with these regulations.

1.Personal Services-for contracts with individuals who render work which requires use of creative or artistic skills including but not limited to those individual services identified in R.S. 39:1556(37) and entertainers, expert speakers and other services satisfying the requirements of the definition for personal services as added by regulation.

2.Professional Service-for contracts with a total amount of compensation of $50,000 or more, the definition of "professional service" shall be limited to lawyers, doctors, dentists, psychologists, certified advanced practice nurses, veterinarians, architects, engineers, land surveyors, landscape architects, accountants, actuaries, claims adjusters, pharmacists, visiting professors, municipal advisors, and any other profession that may be added by regulations adopted by the Office of State Procurement of the Division of Administration.

3.Consulting Service-for contracts as defined in R.S. 39:1556(10).

4.Retroactive Claims Recovery Services-those consulting services where third party coverage identification and verification represent the primary services, and any operations type activities such as information technology and/or claims submission are merely incidental to the total work tasks to be performed, and where such services will result in revenue enhancement to the state through a contingency fee arrangement. The RFP process for this type of consulting service shall require that at least 50 percent of total weighted criteria for evaluation be allocated to cost.

5.Social Service-for contracts as defined in R.S. 39:1556(54).

6

.a.Performance-Based Energy Efficiency Contract-a contract for energy efficiency services and equipment in which the payment obligation for each year of the contract is either:

i. set as a percentage of the annual energy cost savings attributable to the services or equipment under the contract; or

ii. guaranteed by the person under contract to be less than the annual energy cost savings attributable to the services or equipment under the contract.

b. Any state agency, board, or commission may enter into a performance-based energy efficiency contract for services and equipment. Any such agency, board, or commission shall contact the Division of Administration for assistance in preparation of the requests for proposals, analysis of the proposals, and development of the contract. The contract shall be considered a consulting services contract.

c. Performance-based energy efficiency contracts shall be awarded through a request for proposal process. Any performance-based energy efficiency contract entered into shall be for a period not to exceed 10 years and shall contain a guarantee of energy savings.

7. Interagency contracts between governmental entities as defined in R.S. 39:1556(25) and 1556(30), respectively, for any of the services enumerated in Paragraphs 1, 2, 3, 4, 5 or 6 of this Subsection shall be governed by these regulations, except that contracts between boards of higher education and their respective institutions shall be exempt.

La. Admin. Code tit. 34, § V-2503

Promulgated by the Office of the Governor, Division of Administration, Office of Contractual Review, LR 7:181 (April 1981), amended LR 8:591 (November 1982), LR 10:455 (June 1984), LR 11:1067 (November 1985), LR 13:652 (November 1987), LR 17:264 (March 1991), LR 20:542 (May 1994), repromulgated by the Office of the Governor, Division of Administration, Office of State Purchasing, LR 41:1669 (September 2015), LR 40:2556 (December 2014), amended LR 40:2544 (December 2014), repromulgated by the Office of the Governor, Division of Administration, Office of State Procurement, LR 41:1669 (September 2015), Amended LR 44761 (4/1/2018), Amended LR 47585 (5/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1490(B).