La. Admin. Code tit. 34 § V-145

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

Section V-145 - Request for Proposals

A. Unless otherwise stated, this Section applies to Requests for Proposals (RFP) for both consulting and social services contracts.

1. Prequalification of Offerers for Consulting Services Contracts Only. A using agency which intends to issue a RFP shall request the prequalified offerers list, as described below, prior to issuing an RFP. A using agency shall forward a notice of the request for proposals to those businesses on said list who offer the services requested in the RFP.

a. The Office of Contractual Review shall prepare and maintain a prequalified list of offerers to be used in the request for proposal procedure as provided for in R.S. 39:1506.

b. Contractors who are interested in being placed on this list shall submit a statement of qualifications to the Office of Contractual Review. This statement must describe the potential contractor's current qualifications by subject area and include key personnel currently employed or associated, and be accompanied by a rÉsumÉ of each. Additionally, a list should be provided describing previous work done (by subject area), with whom (governmental agency or private business) and the names of contact persons for each client listed.

c. Each statement of qualifications shall have attached to it a financial statement or other evidence of financial solvency.

d. Finally, any other current information or material which would further describe a potential contractor's qualifications will be accepted.

2. Notice to Social Service Proposers. Written notice shall be mailed to persons, firms or corporations who are known to be in a position to furnish such social services, at least 14 days before the last day that such proposals will be accepted. This requirement is subject to reasonable limitation at the discretion of the using agency.

3. Advertisements. Written notices shall contain a general description of the consulting or social services desired and state the name and address of the using agency desiring to contract for consulting or social services; where and how the request for proposal may be obtained and where proposals are to be sent; in the event of a proposer's conference, the date, time and place it will be held; the date and time not later than which proposals must be received; and the date, time, and place that a proposal may be accepted.

4. Questions to be received from potential contractors must be in writing and all responding answers must be provided by the using agency to all potential contractors participating in the selection process. A proposer's conference may be provided in lieu of the above question-and-answer process. However, copies of the proceedings shall be made available to all those who are participating in the selection process.

5. Written or oral discussions shall be conducted by the using agency with all responsible offerers who submit proposals determined in writing to be reasonably susceptible of being selected for award. Discussions shall not disclose any information derived from proposals submitted by competing offerers. Discussions need not be conducted:

a. with respect to prices, where such prices are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions; or

b. where time of delivery or performance will not permit discussions; or

c. where it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience with that particular service that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerers of the possibility that an award may be made on the basis of the initial offers.

6. In addition to the requirements of R.S. 39:1503 and these regulations, a request for proposals shall:

a. specifically define the task and desired results of project;

b. identify agency liaison personnel and resources available to the contractor, both in preliminary studies and the actual services;

c. state approximately when the contractor can begin the work, plus an estimate of the time necessary to accomplish the work, if applicable;

d. specify applicable procedures concerning billing, documentation requirements, progress reports, and final reports, if applicable;

e. specify that a minimum of two copies of the proposal be submitted;

f. inform the potential contractors of the criteria and the selection methodology and the weight which will be applied to each significant evaluation criteria to be used in evaluating the proposals' responsiveness to the RFP;

g. require potential contractors to include the following information in their proposals:

i. a description of the firm's qualifications to include a specific list of personnel to be used in the services and their qualifications (at least list the number and the qualifications of each position). However, a rÉsumÉ will be required on each of the key personnel. Additionally for consulting services, the contractor must stipulate that these personnel will not be removed from the contract without prior approval of the using agency;

ii. a list of the agencies with names and contact persons, for whom similar work has been done;

iii. if applicable, the length of time needed for the services, broken down by phases, if phasing is necessary;

iv. the proposed methodology for accomplishing the services with a precise statement of what the state will receive as an end product of the services (this is sometimes referred to as the technical section of the proposal);

v. for consulting services only, an itemized cost statement showing various classes of man-hours at appropriate rate, delineated by phases, if phasing is used, and an itemized listing of all other expenses or fees that are expected to be paid by the state and a complete breakdown of consultant overhead rate, if applicable;

vi. for social services only, a detailed budget or other cost breakdown as may be required by the using agency and/or the federal government.

7. The final selection of a contractor shall be made by the using agency in accordance with the selection criteria established in the RFP. However, no contract may be enforced against the state until approval of the contract has been granted by the Director of the Office of Contractual Review. When a final selection has been made by the using agency, the contract file containing that information outlined in Paragraphs 1-6 above, including the request for proposals, and the proposed contract, along with a selection memorandum justifying the final selection shall be sent to the Office of Contractual Review for final concurrence (R.S. 39:1503.C. The selection memorandum shall include, but not be limited to:

a. a list of criteria used along with the weight assigned each criteria;

b. scores of each proposal considered in each of the categories listed above along with overall scores of each proposal considered;

c. a narrative justifying selection.

8. Right to Protest. Any contractor who is aggrieved in connection with the request for proposal or award may protest to the head of the agency issuing the proposal, at which time the agency shall notify the Office of Contractual Review that a protest has been lodged. Said protest shall be in writing and state fully the reason(s) for the protest. A protest of a consulting service solicitation must be filed at least 14 days prior to the date for receipt of proposals. A protest of a social service solicitation must be filed at least seven days prior to the date for receipt of proposals. Protests with respect to an award shall be submitted within 14 days after the award has been announced by the agency.

9. Stay of Award during Protest. If a person protests the request for proposal, then an award shall not be made until said protest is resolved. If a person protests an award, then work on the contract shall not be commenced until the protest is resolved administratively.

10. Decision. The head of the agency must notify the protesting party within 10 days after receipt of said protest whether or not the protest is denied or granted. If granted as to the proposal the request for proposal may be amended if possible or canceled and reissued. If the protest is granted as to the award then the contract will be voided and the remaining proposals may be re-evaluated for another selection. If another selection can not be made or if it appears to be in the best interest of the state, a new request for proposal shall be issued.

11. Appeal. If an aggrieved party is not satisfied with the agency's decision, then that party may appeal said decision in writing to the Commissioner of Administration. Such appeals must be made within 14 days of receipt of the agency's decision by the protesting party. The protesting party should fully explain the basis of his appeal. The commissioner then must render a decision in writing within 10 days of receipt of the appeal or the date of the hearing. The commissioner's decision is final and an aggrieved party must bring judicial action within six months from receipt of said decision; an agency may proceed with an award after the commissioner so decides.

12. Delays. The delays provided for in this Part may be extended only with the concurrence of the using agency, the protesting party and the Commissioner of Administration.

La. Admin. Code tit. 34, § V-145

Promulgated by the Office of the Governor, Division of Administration, Office of Contractual Review, LR 4:495 (December 1978), amended LR 7:180 (April 1981), LR 8:594 (November 1982), LR 10:459 (June 1984), LR 11:1072 (November 1985).

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