| Advisory opinion request regarding whether the Code of Governmental Ethics would prohibit CSRS, Inc.'s (CSRS) ability to respond as a subcontractor to the State of Louisiana, Office of Community Development-Disaster Recovery Unit's ("OCD-DRU") Request for Proposals for Restore Louisiana Program Selected Services (RFP# 107140-055). |
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On November 14, 2017, Pan American Engineers, LLC ("PAE") entered into a Professional Services, Independent Contractor, Agreement (the "Contract") with the State of Louisiana, Division of Administration, Office of Community Development ("OCD"). The Agreement had an effective date of October 1, 2017.
The Contract provides that PAE is to assist OCD and sub-recipients to whom OCD awards Community Development Block Grant ("CDBG") funds in the effective and expeditious implementation of the program and of individual CDBG grants awarded to grant recipients. The Contract enables OCD to call on PAE to assist it and its grant recipients in program design, the pre-application process, the application process, project development, bidding and pre-construction, as well as construction and project close out.
On January 24, 2018, PAE entered into a subcontract with CSRS to assist in the performance of PAE's scope of responsibilities to OCD. The subcontract describes the scope of work as including grant management services for the OCD/CDBG Disaster Recovery Program related to Hurricanes Katrina, Rita, Gustav, Ike, Isaac, severe storms and floods of 2016 and future disasters. The subcontract had an effective date of October 1, 2017. Work would be performed by CSRS for the benefit of PAE on the basis of specific work orders with each work order detailing a scope of work, as well as a deliverable, and not to exceed budget.
On May 3, 2018, Revision 1, with an effective date of October 1, 2017, to the PAE subcontract with CSRS was issued engaging CSRS to provide certain executive staff augmentation services and such personnel on a time basis as was necessary, through a series of Task Orders, to provide staff services for the OCD-DRU program. Stacy Bonnaffons and Todd Mann, employees of CSRS, were assigned by CSRS to provide certain staff augmentation services for the OCD-DRU program.
On December 5, 2018, the OCD-DRU issued a Request for Proposals for Restore Louisiana Program Selected Services (RFP# 107140-055). The RFP is for services needed by OCD in connection with the implementation and administration of the Restore Louisiana Program. In addition to the program previously referenced, support services may also be requested by OCD to accommodate other federally funded disaster recovery or resilience/mitigation programs or initiatives currently existing or yet to be defined of which OCD administers or has a stakeholder interest, including programs occurring as a result of past and future disasters.
Hunt, Guillot & Associates (HGA) has submitted a proposal which named CSRS as a subcontractor, on the Restore Louisiana Program Selected Services
The RFP is a new transaction requiring action of OCD to award the contract was open to the general members of the public. Neither CSRS, nor any of its employees, participated in developing or drafting the RFP. Also, the services CSRS, Ms. Bonnaffons and Mr. Mann performed for OCD will not be the same services that it will perform for OCD-DRU under RFP 107140-055. This new transaction is construction management, which is not included in the PAE contract.
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La. R.S. 42:1121B
prohibits a public servant, for a period of two years following termination of his public employment, from assisting another person in a transaction in which the public servant participated, or from rendering any service he rendered to the agency during his public employment on a contractual basis to his former agency.
La. R.S. 42:1121C
prohibits a legal entity in which a former public servant is an officer, director, trustee, partner, or employee, for a period of two years following the termination of his public service, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
La. R.S. 42:1102(16)
"person" means an individual or legal entity other than a governmental entity, or an agency thereof.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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