| Advisory opinion request by David Phelps, on behalf of Emergent Method, regarding whether Emergent Method may be a sub-contractor on a proposer's bid on a Request for Proposal (RFP) with the Louisiana Office of Community Development-Disaster Recovery Unit (OCD-DRU) to provide program management support to supplement state staff capabilities relative to developing, facilitating, and implementing the Louisiana Watershed Initiative while Emergent Method has a contract with OCD-DRU to provide similar services. |
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Emergent Method currently has a contract with OCD-DRU to provide communication outreach services to the agency and has an executed task order to provide outreach, communications services, and public relation functions for the Louisiana Watershed Initiative. A small part of the services sought under the RFP are similar in nature to services Emergent Method is already providing OCD-DRU under a task order through its current contract. Emergent Method did not participate in any way with the drafting of the new RFP. It is possible that OCD-DRU could task Emergent Method with the outreach and communication services for the Louisiana Watershed Initiative through its current contract with Emergent Method.
Currently, Emergent Method performs work for OCD-DRU under a contract with a broad scope and which stipulates that Emergent Method will provide work as assigned by OCD-DRU through specific tasks orders. OCD-DRU has the right to request whatever scope or level of services it deems appropriate under a task order. Emergent Method has previously developed and supported the Louisiana Watershed Institute program's website under a separate task order. It has also developed an outreach plan, supported the planning and hosting of a statewide listening tour, and developed a brand name and logo. Emergent Method has also supported several technical advisory groups for the Watershed Initiative.
The services that Emergent Method may perform under the new RFP would be related to coordinating communications and outreach functions for the program, as well as support policy development as requested in the RFP. Compensation that Emergent Method would receive would be an hourly rate negotiated by OCD-DRU and the prime contractor.
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The Board has consistently used doctrine established in Advisory Opinion 1983-148 to determine that the "agency" of the governmental contractor shall be determined by reference to the scope of the services to be rendered to the governmental entity and the perimeters of the "governmental function" thus performed according to its governmental contract or contracts.
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La. R.S. 42:1113A(1)(a) provides that no public servant or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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| Assigned Attorney: |
Brett Robinson |
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