La. Admin. Code tit. 34 § V-2536

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

Section V-2536 - Determination of Responsibility

A. In order to qualify as responsible, a proposer must meet and, upon request by the agency or the chief procurement officer, present evidence of compliance with the standards identified in §1505.A of this Part, as they relate to the particular procurement under consideration.

B. No contract for consulting services meeting the value specified in R.S. 39:1621(B), regardless of time period, or for social services exceeding the value indicated in R.S. 39:1619(B)(7), regardless of time period or other exemption applicable pursuant to R.S. 39:1619(B), shall be awarded to any person or firm unless the head of the using agency has first determined that such person or firm is responsible.

C. In any case where a contract for consulting services meets the value threshold specified in R.S. 39:1621(B), regardless of time period, or where a contract for social services exceeds the value threshold specified in R.S. 39:1619(B)(7), regardless of time period or other exemption applicable pursuant to R.S. 39:1619(B), the head of the using agency shall prepare, sign, and place in the contract file a statement of the facts on which a determination of responsibility was based. Any supporting documents or reports and any information to support determinations of responsibility of the proposer or potential subcontractors should be kept on file with the agency, subject to inspection upon the request by the director of state procurement or his designee.

D. Before making a determination of responsibility, the head of the using agency shall have sufficient current information to satisfy himself that the prospective contractor meets the standards identified in §1505.A of this Part. Information from the sources identified in §1505.A.2 of this Part shall be utilized before making a determination of responsibility.

E. To the extent that a prospective contractor cannot meet the standards identified in §1505.A of this Part except by means of proposed subcontracting, the prospective prime contractor shall not be considered to be responsible unless recent performance history indicates an acceptable subcontracting system or prospective major subcontractors are determined by the Office of State Procurement or the head of the using agency to satisfy that standard.

La. Admin. Code tit. 34, § V-2536

Promulgated by the Office of the Governor, Division of Administration, Office of Contractual Review, LR 4:496 (December 1978), amended LR 8:593 (November 1982), LR 10:458 (June 1984), LR 11:1070 (November 1985), LR 13:654 (November 1987), repromulgated LR 40:2565 (December 2014), Amended by the Office of the Governor, Division of Administration, Office of State Procurement, LR 44766 (4/1/2018), Amended LR 47586 (5/1/2021).

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