PART V-A. INFORMATION TECHNOLOGY PROCUREMENT

§196. Application of Part: responsibility for determining; state chief information officer

            A. The provisions of this Part shall be applicable to all state agencies in the executive branch, as defined in R.S. 36:3(1), except for any agency of a statewide elected official, with respect to the purchase, lease, and rental of all information technology equipment, related services, and software.

            B. The office of technology services shall, subject to the provisions of this Part, have sole authority and responsibility for defining the specific information technology systems and information technology services to which the provisions of this Part shall be applicable. Rules and regulations shall be promulgated as may be necessary to carry out the provisions of this Part.

            C.(1) Notwithstanding any other provision of law of this Part or any other law to the contrary, any public postsecondary education institution seeking to utilize its own group purchasing and cooperative purchasing procurement provisions shall submit a request for and obtain approval of its management board and the Board of Regents.

            (2)(a) The requesting public postsecondary education institution shall adopt its own group purchasing and cooperative purchasing procurement provisions pursuant to rules and regulations in accordance with the Administrative Procedure Act. Notwithstanding the provisions of R.S. 49:966(B)(19), the rules and regulations promulgated pursuant to this Subsection shall be submitted to the Senate Committee on Finance and the House Committee on Appropriations for review.

            (b) Such rules shall include provisions for adequate public notice in the procurement process.

            (3) Authority of an institution to participate in its own group purchasing and cooperative purchasing procurement provisions shall be for an initial term of three years. After the initial term, the institution may be authorized to participate in its own procurement provisions under this Section for an additional term of five years upon approval of the Joint Legislative Committee on the Budget.

            (4) A report of all group purchasing or cooperative purchasing contracts by each institution authorized under these provisions shall be provided to the Joint Legislative Committee on the Budget no later than ninety days after the end of each fiscal year. Such report shall, at a minimum, include a measurement of the savings derived from the utilization of the group purchasing or cooperative purchasing process.

            D. Notwithstanding any other provision of law to the contrary, the purchase, lease, and rental of all information technology equipment, related services, and software by Louisiana Economic Development shall be exempt from this Part, and the oversight and procurement authority of the chief information officer and office of technology services provided for in R.S. 39:15.1 et seq., except Louisiana Economic Development shall be required to continue as a LaGov agency for use of the enterprise resource planning. Louisiana Economic Development shall develop rules and regulations for the purposes adopted in this Subsection in accordance with the Administrative Procedure Act. Louisiana Economic Development and the office of technology services shall establish a transition plan that shall be completed by June 30, 2025. The actions taken pursuant to this Subsection shall be subject to the approval of the commissioner of administration before they are sent to committees required for review of agency rules in R.S. 49:966(B)(1).

            Acts 1983, No. 478, §2, eff. July 6, 1983; Acts 2001, No. 772, §6, eff. July 1, 2001; Acts 2014, No. 700, §1, eff. July 1, 2014; Acts 2014, No. 712, §2, eff. July 1, 2014; Acts 2024, No. 590, §2, eff. June 11, 2024.