§292. Noncompetitive negotiation selections

A. In special and rare circumstances, noncompetitive selection may be utilized. These circumstances include, but are not limited to:

(1) Specialty contracts where the necessary expertise is available only from one or a few sources.

(2) The extension of services by the original consultant required on a project for which the contract has been satisfactorily completed and closed out at an earlier date.

(3) Contracts requiring immediate action.

B. The section head, after ascertaining the need for a noncompetitive selection, shall request approval from the secretary or his authorized designee through the chief engineer, assistant secretary for operations, assistant secretary for planning and programming, or assistant secretary of public works, hurricane flood protection, and intermodal transportation, whichever is applicable to the project, to engage a specific firm to perform the required services. The request shall be in written form containing the following information:

(1) The justification for a noncompetitive selection.

(2) The recommended firm and the reason for the recommendation.

(3) The type of contract recommended.

(4) The approximate cost.

C. For federal aid projects, the noncompetitive selection shall be submitted to the appropriate federal agency for approval at an early stage.

D. For research projects, the determination for noncompetitive selection shall be based upon a recommendation by the Louisiana Transportation Research Center to the secretary and documented as required in R.S. 48:292(B).

Acts 1991, No. 784, §1; Acts 1998, 1st Ex. Sess., No. 35, §1; Acts 2009, No. 255, §1, eff. July 1, 2009.