§1600.2. Invitation to negotiate

            A. Notwithstanding any other provision of law to the contrary, with the written determination by the state chief procurement officer that the best interest of the state would be served, especially where the business need is complex or requires innovation, an invitation to negotiate may be utilized for procurements of any monetary amount, including small purchases.

            B. Before issuing an invitation to negotiate, the state chief procurement officer shall determine and specify in writing that procurement by the other methods of source selection provided in R.S. 39:199, 200, 1594, 1595, 1600(D), and 1702 are not practicable.

            C. The invitation to negotiate shall describe the questions being explored, the facts being sought, and the specific goals or problems that are the subject of the solicitation and shall be subject to all of the following conditions:

            (1) The solicitation shall specifically allow for the possibility of negotiation and describe, with as much specificity as possible, how negotiations may be conducted.

            (2) Only those vendors whose proposals or offers are determined to be acceptable, in accordance with criteria for negotiations set forth in the solicitation, shall be candidates for negotiations.

            (3) Negotiations shall be conducted with all acceptable candidates in accordance with the terms of the solicitation.

            (4) Auction techniques and disclosure of information derived from competing proposals are prohibited while negotiations are underway.

            (5) Any clarifications or changes resulting from negotiations shall be documented in writing.

            (6) If negotiations as provided for in this Section fail to result in a contract, as determined by the office of state procurement, the solicitation may be canceled.

            D. The office of state procurement may terminate negotiations at any time, in the best interest of the state, and shall provide the reasons therefor in writing.

            E. The contract file for the vendor selection through an invitation to negotiate shall contain a short, plain statement that explains the basis for the selection of the vendor and that sets forth the vendor's deliverables and price, pursuant to the contract, along with an explanation of how the deliverables and price provide the best value to the state.

            F. In accordance with the Administrative Procedure Act, the division of administration, office of state procurement, is hereby authorized and directed to adopt and promulgate rules necessary for the administration of the provisions of this Section.

            Acts 2024, No. 734, §2.