1. A. The contract shall, at a minimum, contain those provisions from the list below that the chief procurement officer determines to be appropriate or applicable:

   1. 1. the unilateral right of the state to order in writing changes in the work within the general scope of the contract in any one or more of the following:

      1. a. drawings, designs, or specifications, if the supplies to be furnished are to be specially manufactured for the state in accordance therewith;
      2. b. method of shipment or packing;
      3. c. place of delivery;
      4. d. security for contract performance;
      5. e. insurance requirements including as appropriate but not limited to general liability, automobile coverage, workers' compensation, and errors and omissions;
      6. f. beginning and ending dates of the contract; and
      7. g. maximum compensation to be paid the contractor including due date of the payment(s).
   2. 2. the unilateral right of the state to order in writing temporary stopping of the work or delaying of performance;
   3. 3. variations between estimated quantities of work in a contract and actual quantities;
   4. 4. the submission of manufacturers' design drawings in duplicate for all state buildings, to the appropriate state agency at the conclusion of the contract;
   5. 5. liquidated damages;
   6. 6. specified excuses for delay or nonperformance;
   7. 7. an annual appropriation dependency clause;
   8. 8. the acceptability of original or electronic signatures. Unless otherwise stated, when a contract requires an original signature, as provided by R.S. 9:2601-2621 and LAC 4:I.Chapter 7, Implementation of Electronic Signatures in Global and National Commerce Act—P.L., 106-229, an electronic signature is considered an original signature;
   9. 9. description of the work to be performed or objectives to be met;
   10. 10. description of reports or other deliverables to be received;
   11. 11. date of reports or other deliverables to be received;
   12. 12. responsibility for payment of taxes;
   13. 13. circumstances under which the contract can be terminated either with or without cause;
   14. 14. remedies for default;
   15. 15. a statement giving the legislative auditor the authority to audit records of the individual firm;
   16. 16. performance measurement;
   17. 17. monitoring plan;
   18. 18. the requirement that any term or condition in any contract entered into by the state that requires the state to defend, indemnify, or hold harmless another person, shall be null and void, unless such term and condition is expressly authorized by law;
   19. 19. the requirement that all contracts must be governed by Louisiana law, including the Louisiana Procurement Code (R.S. 39:1551-1755);
   20. 20. the requirement that a contract related to information technology is also governed by R.S. 39:196-200 and its corresponding rules and regulations.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1600.2.

Historical Note

HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of State Procurement, LR 51:1161 (August 2025).