EXECUTIVE ORDER MJF 00-38

EXECUTIVE ORDER MJF 00-38

Cooperative Endeavor Agreements


WHEREAS, Act No. 998 of the 1997 Regular Session of the Louisiana Legislature enacted R.S. 39:1493.1-1493.3, for the purpose of creating the Commission for the Review and Improvement of Services Procurement (hereafter "Crisp") to review all professional, personal, consulting, and social services contracts of the departments, commissions, boards, agencies, and offices of the executive branch of the state of Louisiana (hereafter "department"), and the operations of the Office of Contractual Review, Division of Administration (hereafter "OCR"), R.S. 39:1493.3(D);

WHEREAS, Crisp issued a report on March 5, 1999, which included the recommendation that the director of OCR should "exercise her privilege of special delegation of authority under R.S. 39:1488, without limitation on contract value, for recurring and non-controversial services" when

a) the contract is prepared in accordance with an OCR-approved format,

b) the contracting department has a positive record of contract compliance,

c) contract monitors are identified,

d) the contract is approved by either the department secretary or undersecretary,

e) the department submits monitoring reports to OCR and the Legislative Auditor as required by law,

f) the department complies with a specific filing and/or reporting requirements, and

g) the delegation of authority to the department is revocable at the will of the director of OCR at any time;

WHEREAS, the Crisp recommendation regarding delegation of authority may not be applied to cooperative endeavor agreements (hereafter "CEAs") due to provisions in Executive Order No. MJF 96-24, issued on August 9, 1996, which order each department to submit all CEAs requiring the expenditure of public funds to OCR for review and approval; and

WHEREAS, the best interests of the citizens of the state of Louisiana are served by amending the provisions of Executive Order No. MJF 96-24 to adopt the Crisp report recommendations;

NOW THEREFORE, I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and the laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: Section 1 of Executive Order No. MJF 96-24, issued on August 9, 1996, is amended to provide as follows:

Unless exempted by written delegation of authority granted by the director of the Office of Contractual Review, Division of Administration, with the approval of the commissioner of administration, each department, commission, board, agency, and/or office in the executive branch of the state of Louisiana (hereafter "department") shall submit all cooperative endeavor agreements (hereafter "agreements") which require the expenditure of public funds to the Office of Contractual Review for review and approval.

SECTION 2: Section 4 of Executive Order No. MJF 96-24 is amended to provide as follows:

All agreements shall contain a provision that conditions the agreement and/or continuation of the agreement on a) the availability of sufficient funds to fulfill the obligations of the department under the agreement and b) the approval of the director of the Office of Contractual Review and/or the commissioner of administration, unless exempt by written delegation of authority granted pursuant to Section 1 of this Order.

SECTION 3: All other sections, subsections, and/or paragraphs of Executive Order No. MJF 96-24 shall remain in full force and effect.

SECTION 4: All departments, commissions, boards, agencies, and offices of the state of Louisiana or of any political subdivision thereof are authorized and directed to cooperate in the implementation of the provisions of this Order.

SECTION 5: This Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 19th day of October, 2000.

M.J. "Mike" Foster, Jr.
Governor

ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State