La. Admin. Code tit. 19, § III-301 - Definitions
A. When used in
these regulations, the following terms shall have meanings as set forth below.
1.
Small Business-a business
entity organized for profit (including an individual, partnership, corporation,
joint venture, association or cooperative), as defined by the Small Business
Administration of the United States Government which, for purposes of size
eligibility or other factors, meets the applicable criteria set forth in Part
121 of the Title 13 of the Code of Federal Regulations, as
amended, and which has its principal place of business in Louisiana.
2.
Minority- a person who is
a citizen or lawful permanent resident of the United States, domiciled in
Louisiana, and who is a member of one or more of the following groups:
a.
Black-having origins in
any of the black racial groups of Africa.
b.
Hispanic- having origins
in Mexico, Puerto Rico, Cuba, Central or South America, or in other Spain or
Portuguese cultures, regardless of race.
c.
Asian American- having
origins in any of the original peoples of the Far East, Southeast Asia, the
Indian subcontinent, or the Pacific Islands.
d.
American Indian or Alaskan
Native- having origins in any of the original peoples of North
America.
3.
Minority Business Enterprise or Minority-Owned Business- a
small business, organized for profit and performing a commercially useful
function, which is owned and controlled by one or more minority individuals or
minority business enterprises and which has its principal place of business in
Louisiana.
a.
Commercially Useful
Function- responsible for execution of a contract or distinct element
of work under a contract by actually performing, managing, and supervising the
work involved.
b.
Owned and
Controlled- ownership of at least 51 percent of the firm, or in the
case of a corporation, at least 51 percent of the voting stock, and controlling
at least 51 percent of the management and daily business operations of the
business.
4.
State Procurement Activity- the purchase, lease, or rental of
any goods and/or services undertaken for any state governmental entity which is
subject to these regulations. Procurement activities specifically include the
following types of expenditures.
a.
Goods and/or Services- all purchases for supplies or services
made under Chapters 16 or 17 of Title 39 of the Louisiana Revised Statutes of
1950, and all purchases of materials and supplies made under Chapter 10 of
Title 38 of the Louisiana Revised Statutes of 1950, including selection of
professional services under Part VII of Chapter 10 of Title 38.
i.
Personal Service- work
rendered by an independent contractor which requires the use of creative or
artistic skills, such as graphic artists, sculptors, musicians, photographers
and writers, or which requires the use of highly technical or unique individual
skills or talents, such as paramedical, therapists, handwriting analysts, and
expert witnesses for adjudication or court proceedings.
ii.
Professional Service-
work rendered by an independent contractor who has a professional knowledge of
some department of learning or science used by its practical application of the
affairs of others or in the practice of an art founded on it, including but not
limited to lawyers, doctors, dentists, veterinarians, architects, engineers,
landscape architects, and accountants. A profession is a vocation founded upon
prolonged and specialized intellectual training which enables a particular
service to be rendered. The word professional implies
professed attainments in special knowledge as distinguished from mere skill.
For contracts with a total amount of compensation of $75,000 or more, the
definition of professional service shall be limited to
lawyers, doctors, dentists, veterinarians, architects, engineers, landscape
architects, accountants, and any other profession that may be added by
regulations adopted by the Office of Contractual Review of the Division of
Administration.
iii.
Consulting Service- work, other than professional or personal
services, rendered by an independent contractor who possesses specialized
knowledge, experience and expertise to investigate assigned problems or
projects and to provide counsel, review, design, development, analysis or
advice in formulating or implementing programs or services or improvements in
programs or services, including but not limited to such areas as management,
personnel, finance, and accounting, planning and feasibility studies, data
processing, advertising and public relations.
b.
Public Works- all work,
including construction, highway and ferry construction alteration and
improvements (other than ordinary maintenance)- as provided in Chapter 10 of
Title 38 or Chapter 1 of Title 48 of Louisiana Revised Statutes of
1950.
5.
Certified Minority Vendor- a minority business enterprise or
minority-owned business as defined in §301. A.3, which has completed the
certification process as provided in Chapter 5 of this Part.
6.
Certification- the
process provided in Chapter 5 of this Part by which a minority-owned business
or minority business enterprise is certified by the Office of Minority Business
Enterprises (OMBE) as meeting the criteria for participation in the state's
minority-owned business set-aside program.
7.
Non-Certified Minority
Vendor- a minority business enterprise or minority-owned business, as
defined in §301. A.3, which has not been certified for participation in the
set-aside program under Chapter 5 but which has confirmed its minority status
under the procedures specified in Chapter 19 of this Part.
8.
State Agency- any agency,
department, office division, board, commission, educational institution,
correctional facility, or other governmental entity within the executive branch
of the state of Louisiana.
9.
Set-Aside- those purchases, contracts, contract classes, or
public works which have been designated and specifically set-aside by the
commissioner of administration and/or the agency for awarding to minority-owned
businesses or minority business enterprises under the provisions of Chapter 13
and Chapter 17 of this Part.
a.
Contract- all types of state agreements, regardless of name of
the purchase of supplies or services or for construction or major repairs. The
term contract includes, but is not limited to, the following:
i. awards and notices of award;
ii. contracts of fixed price, cost, cost and
fixed fee, or incentive type;
iii.
leases/rental agreements;
iv.
letter contracts;
v. contracts
involving job or task orders;
vi.
purchase orders;
vii. any
supplemental agreement of these types.
b.
Class of Contracts- an
entire group of contracts having a common characteristic.
10.
Annual Target Goal- the
annual overall percentage of funds expected to be expended by each state agency
for the procurement of all goods and services from minority-owned businesses,
which has been established by the executive director of the Office of Minority
Business Enterprises and the commissioner of administration in accordance with
§1301 of this Part.
11.
Annual Plan- the annual
document prepared by each department of state government in accordance with
§1303 of this Part which details the
means by which that entity shall attempt to achieve its established annual
target goal.
12.
Contracting Base- the total annual funds of an agency which
have been budgeted for the procurement of goods and services, other than
capital outlay expenditures, for the subject fiscal year.
13.
Adjusted Fiscal Year (Target)
Base- the contracting base for an agency, less any excluded estimated
expenditures under Chapter 13 of this Part, against which the annual goal
percentage is to be applied.
Notes
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