La. Admin. Code tit. 34 § V-603

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

Section V-603 - Application [Formerly LAC 34:I.603]

A. Where the using agency utilizes the reverse auction process on behalf of a single state agency, the head of the state agency requesting a reverse auction shall provide:

1. reasons that the best interest of the state would be served and that electronic online bidding is more advantageous than other procurement methods;

2. specifications and terms and conditions to be used for the procurement.

B. When the using agency uses the reverse auction process on its own behalf or on behalf of multiple state agencies, the director of state purchasing shall be considered the department head of the using agency.

C. Vendors shall register before the opening date and time, and as part of the registration, shall agree to any terms and conditions and other requirements of the solicitation.

D. Vendors and/or products shall be prequalified prior to placing bids and only bidders who are prequalified will be allowed to submit bids.

1. The prequalification criteria shall be prescribed in the solicitation.

2. The prequalification period shall be announced in the solicitation.

3. The prequalification period shall end 10 days prior to the beginning of the auction.

4. Bidders shall be notified as to whether they have been prequalified in writing at least seven days prior to the beginning of the auction.

5. When applicable, prequalified products for a particular solicitation shall be announced on the state's internet-based system for posting vendor opportunities seven days prior to the beginning of the auction.

6. Any bidder aggrieved by the pre-qualification process shall have the right to protest the solicitation in accordance with the provisions of R.S. 39:1671.

E. The solicitation shall designate an opening date and time and the closing date and time. The closing date and time may be fixed or remain open depending on the nature of the item being bid.

1. Online reverse auctions shall last no less than one hour.

F. At the opening date and time, the using agency shall begin accepting online bids and continue accepting bids until the bid is officially closed. Registered bidders shall be allowed to lower the price of their bid below the lowest bid posted on the Internet until the closing date and time.

G. Bidders' identities shall not be revealed during the bidding process; only the successively lower prices, ranks, scores, and related bid details shall be revealed.

H. All bids shall be posted electronically and updated on a real-time basis. All prices must be received in the state's system by the announced closing time regardless of what time it was submitted by the vendor.

I. The using agency shall retain the right to cancel the solicitation if it determines that it is in the agency's or the state's best interest.

J. The using agency shall retain its existing authority to determine the criteria that shall be used as a basis for making awards.

La. Admin. Code tit. 34, § V-603

Promulgated by the Office of the Governor, Division of Administration, Office of State Purchasing, LR 38:1406 (June 2012), repromulgated LR 40:1354 (July 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1581.