Noncompetitive selection may be used only in special and rare circumstances, and the required approval request must be made in writing with specified information.
§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 assistant secretary for project delivery in consultation with the chief engineer, assistant secretary for operations, or commissioner of the office of multimodal commerce, 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; Acts 2025, No. 380, §1.