EXECUTIVE ORDER

WHEREAS, pursuant to the Louisiana Homeland = Security and=20 Emergency Assistance and Disaster Act, R.S. 29:721, et seq ., = a state=20 of emergency/disaster was declared through Proclamation No. 51 BJ = 2008;

WHEREAS, Hurricane Gustav and its aftermath has = the=20 potential to cause unprecedented and extensive damage in the state of=20 Louisiana and these tragic events has significant consequences on the=20 financial conditions of the state; and

WHEREAS, the Louisiana Homeland Security and = Emergency=20 Assistance and Disaster Act, R.S. 29:721, et seq ., confers = upon the=20 governor of the state of Louisiana emergency powers to deal with = emergencies=20 and disasters, including those caused by fire, flood, earthquake or = other=20 natural or man-made causes, to ensure that preparations of this state = will be=20 adequate to deal with such emergencies or disasters, and to preserve = the lives=20 and property of the citizens of the state of Louisiana;

NOW THEREFORE, I, BOBBY JINDAL, Governor of the = state of=20 Louisiana, by virtue of the authority vested by the Constitution and = the laws=20 of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: For procurement and contracting, strict = compliance with R.S. 39:1481, et seq., and R.S. 39:1551, = et=20 seq., shall not be required. However, all state agencies should = comply=20 with the following conditions:

A. An appointed official within the agency, or the equivalent for = elected=20 officials in higher education, must determine that the failure to = strictly=20 comply with the statutory restriction is necessary due to the = emergency;=20

B. A centralized point of contact for each agency must monitor = all=20 transactions conducted without strict statutory compliance, = maintaining=20 copies of all documentation. Documentation should specify whether = the=20 purchase falls into the "emergency" or "permanent" category and = whether the=20 purchase relates to Hurricane Gustav and all documentation must be=20 maintained and available for audit and FEMA reimbursement purposes; =

C. Written competitive quotes and/or offers must be obtained = whenever=20 possible and agencies must take the necessary steps to assess that = fair and=20 equitable pricing is being offered;

D. Performance-based contracting should be used where practical; =

E. Statewide contracts should be used where practical;

F. To the maximum extent possible, such emergency contracts = should be=20 only for the duration of the emergency or to allow the agency time = to comply=20 with normal competitive bidding requirements if the goods or = services will=20 be required for an extended period of time;

G. Copies of contracts which would otherwise require approval by = the=20 Office of Contractual Review or the Office of State Purchasing and = the=20 supporting documentation discussed above must be provided to these = agencies=20 within 30 days or sooner, if practical. Additionally, ISIS agencies = should=20 enter small purchases into the AGPS/CFMS database as soon as = practical. The=20 Office of Contractual Review or the Office of State Purchasing shall = review=20 the contracts and documentation to determine compliance with this = Executive=20 Order; and

H. Payments to contractors should be made only after verification = that=20 all goods and services meet contract requirements.

SECTION 2: The inspector general is directed and=20 authorized to monitor those transactions conducted outside the scope = of=20 regulatory statutes, orders, rules and regulations to insure that = those=20 transactions are directly related to the emergency situation and are = prudently=20 handled and, if any inappropriate transactions are noted, those = situations=20 shall be reported directly to the governor.

SECTION 3: All cabinet members, statewide elected=20 officials and department heads are authorized to transfer the = directions, job=20 assignments, personnel, and functions of their departments for the = purpose of=20 performing or facilitating emergency services as necessary.

SECTION 4: All available resources of state = government=20 should be utilized as reasonably necessary to cope with this = emergency.

SECTION 5: This Order is effective upon signature = and=20 shall be made applicable August 29, 2008 and continue in effect until = amended,=20 modified, terminated, or rescinded by the governor, or terminated by = operation=20 of law.
IN WITNESS WHEREOF , I have set my hand=20 officially and caused to be affixed the Great Seal of Louisiana, at = the=20 Capitol, in the city of Baton Rouge, on this 29th day of August, 2008. =
Bobby Jindal
Governor

EXECUTIVE ORDER BJ 08-77

EXECUTIVE ORDER
BJ 08-77