reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VII - Louisiana Economic Development Corporation › Subpart 11 - Louisiana Seed Capital Program (LSCP) › Chapter 89 - SSBCI Seed Capital ARPA 2021 › Section VII-8905 - Eligibility for Seed Capital Fund to Participate in This Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. LEDC will
				  undertake a formal evaluation process and consider various factors when
				  determining which applicants will be selected to participate in this program.
				  Among the factors which may be taken into account in the evaluation process are
				  the following.
B. The applicant
				  organization may be organized either for profit or non-profit
				  purposes.
C. The applicant
				  organization must demonstrate that its management personnel have at least three
				  years of experience in managing investments in individual, privately-held
				  companies, utilizing funds provided by others to make such
				  investments.
D. The applicant
				  organization is encouraged to have a Louisiana-based production
				  office.
E. The applicant
				  organization must have raised a minimum of $500,000 in investments or has a
				  minimum of $2 1/2 million under management, and have on hand cash sums
				  sufficient to cover the general and administrative costs for the first and
				  early years of its operations for participation in the SSBCI Venture Capital
				  Program.
F. In addition, LEDC
				  investments made in venture capital funds shall meet the following criteria:
1. the venture capital fund(s) shall target
				  an average business-size of 500 employees or less at the time the individual
				  business investment is made;
2. It
				  is strongly encouraged for each venture capital fund(s) to make every effort to
				  target and invest in SEDI-owned businesses and VSB;
3. such individual business investments shall
				  not be extended to businesses with more than 750 employees;
4. any investment targeted in this program
				  shall not exceed the amount of $ 5,000,000; and
5. any investment transaction or investment
				  round extended through this program shall not exceed the amount of $
				  20,000,000.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VII - Louisiana Economic Development Corporation › Subpart 11 - Louisiana Seed Capital Program (LSCP) › Chapter 89 - SSBCI Seed Capital ARPA 2021 › Section VII-8907 - Application Requirements for Investment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to a seed capital fund submitting a
				  request to the Louisiana Economic Development Corporation (LEDC) for
				  consideration for an investment, a prospective seed capital fund shall first
				  submit an application for the applicant fund to be considered qualified or
				  eligible to participate in this program. The application for the fund's
				  qualification or eligibility to the LEDC shall consist of detailed information
				  covering three main categories, including:
1.
				  the experience and qualifications of the Fund's existing or proposed management
				  team;
2. if applicable, the fund's
				  fund raising abilities, activities and success; and
3. the business plan for the seed capital
				  fund. The applicant can use its own format, as long as the basic information is
				  provided. Moreover, the applicant should provide additional information which
				  is viewed as relevant. The LEDC or its staff may request additional information
				  beyond that which is specified below and what is provided by the
				  applicant.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VII - Louisiana Economic Development Corporation › Subpart 11 - Louisiana Seed Capital Program (LSCP) › Chapter 89 - SSBCI Seed Capital ARPA 2021 › Section VII-8909 - Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  applications under this program must be submitted to the Louisiana Economic
				  Development Corporation, as directed by staff.
1. Application Requirements for Qualification
				  or Eligibility to Participate in this Program and Investment Application.
a. The application for qualification or
				  eligibility of the seed capital fund to participate in this program and its
				  application for the investment project may be, but are not required to be,
				  submitted simultaneously for consideration.
b. Once a seed capital fund is deemed
				  qualified or eligible to participate in this program, the fund is not required
				  to resubmit a qualification or an eligibility application for subsequent
				  investment requests.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VII - Louisiana Economic Development Corporation › Subpart 11 - Louisiana Seed Capital Program (LSCP) › Chapter 89 - SSBCI Seed Capital ARPA 2021 › Section VII-8911 - Investments

Current through Register Vol. 50, No. 6, June 20, 2024
A. A qualified or
				  eligible fund may receive an investment equal to $1 of LEDC funds for each $1
				  of funds privately raised by the applicant fund. The maximum total dollar
				  amount of an LEDC investment in an eligible fund shall not exceed $5,000,000.
				  Subject to availability of SSBCI funding and associated allocation to this
				  program.
B. The method of LEDC's
				  investment into the qualified or eligible fund or investment will be equal to
				  the method of investment of the other investors into that fund, i.e., committed
				  capital for committed capital, cash investment for cash investment, or cash and
				  commitment for cash and commitment.
C. A qualified or eligible fund may charge
				  for services as allowed by the U.S. Treasury.
D. Investment funds may be used for out of
				  state investments, after approval by LED.
E. Investment funds must make investment in
				  accordance to U.S. Treasury guidelines.
F. Prior to the disbursement of funds, the
				  secretarytreasurer of LEDC and any one of the following: either the chairman of
				  the board, the president, or the president's designee, shall execute all
				  necessary legal instruments after certification that all appropriate legal
				  requirements have been met.
AUTHORITY
					 NOTE: Promulgated in accordance with R.S. 36:104, 36:108 and
					 51:2312
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VII - Louisiana Economic Development Corporation › Subpart 11 - Louisiana Seed Capital Program (LSCP) › Chapter 89 - SSBCI Seed Capital ARPA 2021 › Section VII-8913 - Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon closing of
				  each investment, each venture capital fund that is the recipient of LEDC funds
				  shall provide to LEDC the following information:
1. name of company, census tract, NAICS code,
				  amount of investment, total amount of round of funding, and date of
				  investment;
2. the number of jobs
				  with corresponding salaries, new and retained;
3. narrative of business, use of funds, board
				  presentation;
4. prior and post
				  investment of private capital; and
5. assurances and certifications in
				  accordance to U.S. Treasury guidelines.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VII - Louisiana Economic Development Corporation › Subpart 11 - Louisiana Seed Capital Program (LSCP) › Chapter 89 - SSBCI Seed Capital ARPA 2021 › Section VII-8915 - Conflict of Interest

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				  member of the corporation, employee thereof, or employee of the Department of
				  Economic Development, or members of their immediate families shall either
				  directly or indirectly be a party to or be in any manner interested in any
				  contract or agreement with the corporation for any matter, cause, or thing
				  whatsoever by reason whereof any liability or indebtedness shall in any way be
				  created against such corporation. If any contract or agreement shall be made in
				  violation of the provisions of this Section, the same shall be null and void,
				  and no action shall be maintained thereon against the corporation.
AUTHORITY
					 NOTE: Promulgated in accordance with R.S. 36:104, 36:108 and
					 51:2312
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VII - Louisiana Economic Development Corporation › Subpart 13 - Collateral Support Program › Chapter 91 - SSBCI Collateral Support Program ARPA 2021 › Section VII-9109 - General Lender Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Louisiana Economic Development Corporation will be guided by the following
				  general principles in approving or accepting loans or lines of credit under
				  this program.
1. The corporation shall confirm
				  that the financial institution lender has sufficient commercial lending
				  experience and financial and managerial capacity to participate in this
				  program. The corporation may utilize, among other resources, the lender's most
				  recent call report or audited financial statement showing the percentage of
				  commercial loans in its portfolio.
2. The corporation shall not knowingly
				  approve any loan (or line of credit loan) if the applicant/borrower has
				  presently pending or outstanding any claim or liability relating to failure or
				  inability to pay promissory notes or other evidence of indebtedness, state or
				  federal taxes, or a bankruptcy proceeding; nor shall the corporation approve
				  any loan if the applicant/borrower has presently pending, at the federal,
				  state, or local level, any proceeding concerning denial or revocation of a
				  necessary license or permit or any legal proceeding involving a criminal
				  violation other than misdemeanor traffic violations. Further, the corporation
				  shall not approve any loan if the applicant/borrower or his/her/its principle
				  management has a criminal record showing convictions for any criminal
				  violations other than misdemeanor traffic violations in which the
				  applicant/borrower or his/her/its principle management has not been reinstated
				  into society.
3. The terms or
				  conditions imposed and made part of any loan (or line of credit) authorized by
				  vote of the corporation's board, or its designated board committee, or LEDC
				  staff shall not be amended or altered by any member of the board or employee of
				  the LEDC or the Department of Economic Development except by subsequent vote of
				  approval by the board, or designated board committee at the next meeting of the
				  board or committee in open session with full explanation for such
				  action.
4. Each participating
				  lender shall be required to have a meaningful amount of its own capital
				  resources at risk in each small business loan included in this program. Such
				  lenders shall bear at least 20 percent or more of the loss from a small
				  business loan default. The LEDC accepted loan (including line of credit loan)
				  enrolled into this program shall not be sold, assigned to, or participated with
				  other lenders (within lender's 20 percent risk interest, as described above),
				  or otherwise transferred by lender without the prior written consent of the
				  LEDC board.
5. The corporation
				  shall not subordinate its position to other creditors.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VII - Louisiana Economic Development Corporation › Subpart 13 - Collateral Support Program › Chapter 91 - SSBCI Collateral Support Program ARPA 2021 › Section VII-9113 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. Confidential
				  information in the files of the corporation and its accounts acquired in the
				  course of its duty is to be used solely for the corporation. The corporation is
				  not obliged to give out any credit rating or confidential information regarding
				  the applicant/borrower. (See Louisiana Attorney General's Opinion
				  #82-860.)
AUTHORITY
					 NOTE: Promulgated in accordance with R.S. 36:104, 36:108 and
					 51:2312
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VII - Louisiana Economic Development Corporation › Subpart 13 - Collateral Support Program › Chapter 91 - SSBCI Collateral Support Program ARPA 2021 › Section VII-9115 - Conflict of Interest

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				  member of the corporation, employee thereof, or employee of the Department of
				  Economic Development, or members of their immediate families shall either
				  directly or indirectly be a party to or be in any manner interested in any
				  contract or agreement with the corporation for any matter, cause, or thing
				  whatsoever by reason whereof any liability or indebtedness shall in any way be
				  created against such corporation. If any contract or agreement shall be made in
				  violation of the provisions of this Section, the same shall be null and void,
				  and no action shall be maintained thereon against the corporation.
AUTHORITY
					 NOTE: Promulgated in accordance with R.S. 36:104, 36:108 and
					 51:2312
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VII - Louisiana Economic Development Corporation › Subpart 13 - Collateral Support Program › Chapter 91 - SSBCI Collateral Support Program ARPA 2021 › Section VII-9117 - Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				  Economic Development Corporation (LEDC), or the Louisiana Department of
				  Economic Development, also known as Louisiana Economic Development (LED), as
				  the administrators of this program, may make, create, or issue from time to
				  time Guidelines interpreting, construing, explaining and/or supplementing these
				  Rules; and may revise, supplement, or otherwise change or modify the guidelines
				  at any time with or without notice.
AUTHORITY
					 NOTE: Promulgated in accordance with R.S. 36:104, 36:108 and
					 51:2312
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 1 - Certification Program › Chapter 1 - General Provisions › Section VIII-101 - Statement of Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  accordance with the provisions of
				  R.S.
				  39:2006 and
				  R.S.
				  51:931, the Department of Economic
				  Development's Small Entrepreneurship (Hudson Initiative) Certification Program
				  [SE (HI) Certification Program] through its designee or its staff administers
				  these regulations which are intended to prescribe the procedures for qualifying
				  and certifying a business as a "small entrepreneurship" to facilitate access to
				  state procurement and public contracts and encourage business opportunities for
				  small entrepreneurships.
B.
				  Certifications that a business is a "small entrepreneurship" are not to be
				  construed as an entitlement for any business locating or located in Louisiana
				  either to such a certification, to any public contract, or to any proceeds from
				  any state contract; and the Secretary of the Department of Economic
				  Development, the director, or his or their designee, the SE (HI) Certification
				  Program, or its designee or staff, shall have the discretion to determine
				  whether or not each particular applicant or application meets the criteria for
				  the certification as provided herein; and in all such circumstances, the
				  exercise of that discretion shall be deemed to be a final determination of such
				  certification status.
C. In no way
				  whatsoever shall the sex, race, birth, age, physical condition, religious
				  beliefs, political ideas, or affiliations of a business' owners or officers be
				  considered as a factor in determining whether a business receives certified
				  status.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2006 and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 1 - Certification Program › Chapter 1 - General Provisions › Section VIII-103 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purposes and
				  intent of this program are to provide the maximum opportunity for small
				  entrepreneurships to become so certified as small entrepreneurships and thereby
				  become eligible to participate in a competitive modern business economy, to
				  facilitate their access to state procurement and public contracts, and
				  encourage business opportunities for such small entrepreneurships. These
				  purposes shall be accomplished by providing a program for the certification of
				  a business as a "small entrepreneurship."
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2006 and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 1 - Certification Program › Chapter 1 - General Provisions › Section VIII-105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. When used in
				  these regulations, the following terms shall have meanings as set forth
				  below.
Applicant
- an individual, firm or business
					 that seeks to be certified as a small entrepreneurship.
Certification
-the determination and
					 acknowledgement that a business qualifies for designation as a small
					 entrepreneurship.
Designee
-the person designated by the
					 secretary or by the director to act in his absence.
Director
-the Director of the Small
					 Entrepreneurship (Hudson Initiative) Certification Program designated by the
					 Secretary of the Department of Economic Development.
Firm
-a business that seeks to be or that
					 has been certified as a small entrepreneurship.
Full Time
-employed and working in the firm
					 at least 35 hours per week on a regular basis.
Program
- the Small Entrepreneurship
					 (Hudson Initiative) Certification Program [SE (HI) Certification Program] in
					 the Department of Economic Development.
Secretary
-the Secretary of the Department
					 of Economic Development.
Small Entrepreneurship (SE)
-any business
					 or firm organized for profit, including any corporation, partnership,
					 individual, sole proprietorship, joint stock company, joint venture, or any
					 other legal entity which meets all of the criteria for certification by the
					 Secretary of the Department of Economic Development as specified in
					 R.S.
					 39:2006(A), as it may be
					 amended from time to time. A nonprofit organization is not a small
					 entrepreneurship for purposes of this program.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2006 and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 1 - Certification Program › Chapter 3 - Certification › Section VIII-303 - Responsibility for Applying

Current through Register Vol. 50, No. 6, June 20, 2024
A. It
				  is the responsibility of any individual or business wishing to participate in
				  the program to complete the appropriate written application and required
				  certification process. Failure to provide complete, true, accurate or timely
				  any requested additional supporting information may result in the rejection of
				  the application.
B. Application and
				  certification materials will be distributed by the SE (HI) Certification
				  Program, or its designee or staff, upon written or verbal request. Written or
				  verbal requests for application and certification materials should be directed
				  to the SE (HI) Certification Program office in the Department of Economic
				  Development in Baton Rouge.
C.
				  Certification as a small entrepreneur (SE) also does not constitute compliance
				  with any other laws or regulations and does not relieve any firm of its
				  obligations under other laws or regulations. Certification as a small
				  entrepreneurship also does not constitute any determination by the SE (HI)
				  Certification Program, its designee or staff, that the firm is a responsible
				  one according to
				  R.S.
				  39:1505 or
				  R.S.
				  39:1601, or that the firm is capable of
				  performing any work of any kind.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2006 and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 1 - Certification Program › Chapter 3 - Certification › Section VIII-305 - Certification Application Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant must submit an application
				  to the SE (HI) Certification Program office in the Department of Economic
				  Development in Baton Rouge, containing a signed, dated, and notarized affidavit
				  attesting to the correctness of the information provided in the application and
				  to the authenticity of all supporting documentation or information which may be
				  provided by the applicant pursuant to the request of the SE (HI) Certification
				  Program, or its designee or staff, and attesting to the applicant's eligibility
				  requirements or criteria as specified in
				  R.S.
				  39:2006(A), as it may be
				  amended from time to time.
B. The
				  SE (HI) Certification Program, through its designee or staff, shall review the
				  application, and if it is found to be incomplete or if further information is
				  needed (such as, for example, applicant's most recent financial statements,
				  federal and state tax returns, a copy of its most recently filed Louisiana
				  Department of Labor (LDOL) ES-4 form, and any other appropriate supporting
				  documentation or information as may be requested or required by the SE (HI)
				  Certification Program, or its designee or staff), the SE (HI) Certification
				  Program designee or staff will contact the applicant business and request such
				  additional information. If the applicant does not respond with the further
				  requested information within 15 days, the application will be denied. If the
				  application is found to be sufficient, or if the application along with the
				  additional information provided is found to be sufficient, a determination
				  shall be made by the SE (HI) Certification Program, or its designee or staff,
				  as to whether or not the applicant business will be certified as a small
				  entrepreneur.
C. The director, or
				  his designee, shall notify the applicant in writing of the decision whether or
				  not to grant such SE certification; and if such SE certification is to be
				  granted, a written certification as to such status in appropriate form, as
				  determined by the director or his designee, shall be provided to the applicant
				  business.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2006 and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 1 - Certification Program › Chapter 3 - Certification › Section VIII-307 - Duration of Certification; Graduation through Growth

Current through Register Vol. 50, No. 6, June 20, 2024
A. The amount of time that a firm may be
				  granted certification by the SE (HI) Certification Program is unlimited until
				  the firm graduates by growing to exceed the eligibility requirements for
				  certification, or is terminated from the program by LED.
B. Retention of the firm in the program
				  depends upon the passing of time, the firm's growth and progress toward
				  successfulness and the attainment of its business goals, its compliance with
				  all reporting requirements, willingness and ability to cooperate with and
				  follow through on recommendations of the SE (HI) Certification Program designee
				  or staff.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2006 and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 1 - Certification Program › Chapter 3 - Certification › Section VIII-311 - Deception Relating to Certification of a Small Entrepreneurship

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any individual
				  or business found guilty of deception relating to certification of a Small
				  Entrepreneurship (SE) will be denied its SE certification, or have its already
				  approved certification revoked and shall be discharged from the program, and
				  will not be eligible to reapply under the business name involved in the
				  deception or under any business with which such individual(s) or business may
				  be associated or affiliated.
B. In
				  the event an applicant or certified business knowingly files a false statement
				  in its application or in any other filing, the applicant or the certified
				  business and/or its representatives may be guilty of the offense of filing
				  false public records, and may be subject to the penalty provided for in
				  R.S.
				  14:133. In the event an applicant or a
				  certified business and/or its representative is reasonably believed to have
				  filed a false statement in its application or any other filing, the SE (HI)
				  Certification Program, or its designee or staff, is authorized to notify the
				  district attorney of East Baton Rouge Parish, Louisiana, and may also notify
				  any other appropriate law enforcement personnel, so that an appropriate
				  investigation may be undertaken with respect to the false statement and the
				  application of any state funds to the application for other filing.
C. The SE (HI) Certification Program or its
				  designee or staff shall have and retain the right, and shall have the
				  authority, but not the obligation, to require and/or conduct full
				  investigations, at any time and from time to time, including but not limited to
				  full financial and performance audits of any applicant, certified business or
				  SE firm, including all relevant accounts, records and documents of the
				  individual or business.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2006 and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 1 - Certification Program › Chapter 3 - Certification › Section VIII-313 - Departmental Listing; Availability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall maintain a listing of
				  all certified small entrepreneurships which shall be updated monthly. The
				  listing shall be available on the Internet and shall also be available in
				  written form upon written request.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2006 and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 1 - Certification Program › Chapter 3 - Certification › Section VIII-315 - Departmental Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department shall report annually to the commissioner of administration with
				  respect to the graduation rates for businesses which grew to exceed the
				  eligibility requirements for certification in the most recently concluded
				  fiscal year.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2006 and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 2 - Procurement › Chapter 11 - General Provisions › Section VIII-1101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state of
				  Louisiana's Small Entrepreneurship (Hudson Initiative) Program, hereinafter
				  called SE (HI), was created to provide additional opportunities for
				  Louisiana-based small entrepreneurships, hereinafter called SE's, to
				  participate in contracting and procurement with the state of Louisiana. By
				  formalizing existing practices and implementing new procedures, the SE (HI)
				  will allow the state of Louisiana to target more effectively certified SE
				  participation and create opportunities relating to the state's contracting and
				  procurement. Shown below are the key features of the SE (HI).
B.
1. The
				  SE (HI) is a goal-oriented program, encouraging state agencies to contract with
				  certified SE's as well as encouraging contractors who receive contracts from
				  the state to use good faith efforts to utilize certified SE's. The SE (HI) is a
				  race and gender-neutral program. SE (HI) participation is restricted to
				  Louisiana-based certified SE's in accordance with rules promulgated by the
				  Louisiana Department of Economic Development.
a. The state will establish annual goals for
				  certified SE participation in state procurement and public contracts. Contract
				  goals will vary based on contracting and subcontracting opportunities,
				  availability of certified SE's, and price competitiveness.
b. To participate, SE's must be certified by
				  the Louisiana Department of Economic Development. Certification is based on a
				  firm's gross revenues, number of employees, and other criteria as specified by
				  Act 440 of the 2005 Legislative Session.
c. The SE (HI) has guidelines for counting
				  certified SE participation.
d. The
				  SE (HI) incorporates several procedures to help implement the
				  initiative.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 2 - Procurement › Chapter 11 - General Provisions › Section VIII-1103 - Mission and Policy Statement

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Act 440 of the 2005 legislative session enacted
				  R.S.
				  39:2001 et seq., and
				  R.S.
				  51:931, creating the Small Entrepreneurship
				  (Hudson Initiative) Program for the state of Louisiana. As enacted, the SE (HI)
				  is a goal-oriented program, encouraging the state to contract with certified
				  SE's as well as encouraging the state's contractors to use good-faith efforts
				  to utilize Louisiana-based certified SE's as subcontractors.
B. It is the mission of the state to promote
				  trade and economic development. It is the state's policy to promote economic
				  development and business opportunities for all sectors of our community.
				  Certified SE's need to be given an opportunity to participate in a fair portion
				  of the total purchases and contracts for property, services, and construction
				  for the state. Therefore, the state establishes the SE (HI) to ensure
				  opportunities for certified SE's to participate in the state's contracting and
				  procurement opportunities and ultimately to enhance the stability of
				  Louisiana's economy.
C. As a matter
				  of policy, the state recognizes and requires competitive pricing,
				  qualifications, and demonstrated competencies in the selection of contractors.
				  The SE (HI) is designed to create opportunities, while requiring
				  competitiveness and quality of work. As such, it allows the state to target
				  more effectively and strive to increase certified SE participation in the
				  state's contracting and procurement activities. In its operations, the SE (HI)
				  will assist the state in its mission of promoting economic
				  development.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2001 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 2 - Procurement › Chapter 11 - General Provisions › Section VIII-1105 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. These procedures
				  apply to all state departments, prime contractors, subcontractors, and
				  certified SE's involved with SE (HI) contracts. These procedures do not apply
				  to agency expenditures for amortization of debt, debt service, depreciation,
				  employee benefits, per diem, relocation expenses, salaries, postage, and
				  transfer of charges. These procedures do not apply to contracts for sole source
				  items, contracts with other governmental entities, and those contracts that are
				  prohibited by federal law from inclusion in these procedures.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2001 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 2 - Procurement › Chapter 13 - Procedures › Section VIII-1301 - Operational Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  procedures herein are established to govern the program components of the SE
				  (HI) including, without limitation, program compliance, specific implementation
				  measures, purchasing methods, reporting of certified SE participation,
				  imposition of sanctions, and dispute resolution.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2001 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 2 - Procurement › Chapter 13 - Procedures › Section VIII-1303 - Objectives

Current through Register Vol. 50, No. 6, June 20, 2024
A. The overall
				  objectives for this program are:
1. to
				  implement the policy of the SE (HI) to promote economic development and
				  business opportunities for all sectors throughout the state;
2. to ensure opportunities for certified SE's
				  to participate in all phases of the state's contracting activities;
3. to stimulate participation of
				  Louisiana-based certified SE's with the state and create opportunities through
				  the state's contracting and procurement;
4. to encourage certified SE's to seek work
				  from prime contractors when qualified and work is available;
5. to formalize existing procurement and
				  contracting practices and implement new procurement and contracting procedures
				  to assist more effectively certified SE participation;
6. to carry out the mandate of the state as
				  enacted by Act 440 of the 2005 Legislative Session;
7. to ensure nondiscriminatory practices in
				  the use of certified SE's for state contracts.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 2 - Procurement › Chapter 13 - Procedures › Section VIII-1309 - Overall Annual SE (HI) Goals and Agency Participation Levels

Current through Register Vol. 50, No. 6, June 20, 2024
A. Overall Annual
				  Goals. Overall annual goals for SE (HI) participation for the state will be set
				  each year by the commissioner of administration as a percentage increase based
				  on prior year activity.
B.
				  Individual Agency Participation Levels. The commissioner of administration will
				  provide guidance on how agencies will determine participation levels. The
				  criteria used to set individual agency participation levels may include but not
				  be limited to certified SE capacity, certified SE availability, nature of the
				  contract, past experiences with SE (HI) participation, recognized industry
				  composition, and subcontracting opportunities. No quotas or set-asides will be
				  used in implementing the SE (HI).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2001 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 2 - Procurement › Chapter 13 - Procedures › Section VIII-1313 - Procedures for Counting Small Entrepreneurship Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state may
				  count towards its SE (HI) goals the total dollar value of the contract awarded
				  to the certified SE, if the certified SE is the prime contractor.
B. The state may count the total dollar value
				  of a contract that is subcontracted to a certified SE.
C. The state may count towards its SE (HI)
				  goals the total dollar value of a contract awarded to a joint venture, of which
				  a certified SE is a part. The joint venture must provide an affidavit stating
				  the amount of work actually performed by the certified SE.
D. The state may count toward its SE (HI)
				  goals the total dollar value of the contract if the RFP contemplated awarding
				  10 percent of the total evaluation points to a proposer who demonstrated good
				  faith efforts to use certified SE's as subcontractors, but was unsuccessful in
				  doing so.
E. The state may count
				  toward its SE (HI) goals the total dollar value of those contracts in which the
				  contractor has provided a good faith subcontracting plan as part of the
				  contract.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2001 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 2 - Procurement › Chapter 13 - Procedures › Section VIII-1315 - Certification Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Certification procedures are in accordance with rules and regulations
				  promulgated by the Louisiana Department of Economic Development. (LAC
				  19:VII.Subpart A)
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2001 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 2 - Procurement › Chapter 13 - Procedures › Section VIII-1319 - Legal Remedies

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Legal remedies will be in accordance with applicable procurement statutes
				  including contract controversies, suspension and/or debarment.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2001 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part VIII - Small Entrepreneurship (Hudson Initiative) Certification Program › Subpart 2 - Procurement › Chapter 13 - Procedures › Section VIII-1321 - Reporting Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commissioner of administration is charged with the preparation of an annual
				  report on the progress of the SE (HI) in the most recently ended fiscal year.
				  The commissioner must present the report to the House Committee on
				  Appropriations and the Senate Committee on Finance by the fifteenth day of
				  January each year. Therefore, information for the commissioner's report
				  regarding an agency's achievement of SE (HI) goals must be submitted to the
				  commissioner no later than the first day of October each year. Each agency is
				  required to report for the preceding fiscal year:
1. total number and dollar value of all
				  contracts awarded in whole or in part to certified SE's;
2. number of contracts and the value of the
				  contracts that included a good faith certified SE subcontracting
				  plan;
3. number of actual agency
				  staff that attended Division of Administration training for SE (HI) and the
				  number of certified SE's that attended workshops and training
				  sessions.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 1 - Certification Program › Chapter 1 - General Provisions › Section IX-101 - Statement of Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Department of Economic Development, through its designee or its staff, shall
				  administer these regulations for the Louisiana Initiative for Veteran and
				  Service-Connected Disabled Veteran-Owned Small Entrepreneurships Certification
				  Program, which are intended to prescribe the procedures for qualifying and
				  certifying a business as a "Veteran-owned small entrepreneurship" or
				  "Service-connected disabled veteran-owned small entrepreneurship" to facilitate
				  access to state procurement and public contracts and encourage business
				  opportunities for small entrepreneurships.
B. Certifications that a business is a
				  "veteran-owned small entrepreneurship" or "service-connected disabled
				  veteran-owned small entrepreneurship" are not to be construed as an entitlement
				  for any business locating or located in Louisiana either to such a
				  certification, to any public contract, or to any proceeds from any state
				  contract; and the Secretary of the Department of Economic Development, the
				  Director, or his or their designee, the SE (VI) Certification Program, or its
				  designee or staff, shall have the discretion to determine whether or not each
				  particular applicant or application meets the criteria for the certification as
				  provided herein; and in all such circumstances, the exercise of that discretion
				  shall be deemed to be a final determination of such certification
				  status.
C. In no way whatsoever
				  shall the sex, race, birth, age, religious beliefs, political ideas, or
				  affiliations of a business's owners or officers be considered as a factor in
				  determining whether a business receives certified status.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. R.S.
					 39:2006,
					 R.S.
					 39:2171 et seq. and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 1 - Certification Program › Chapter 1 - General Provisions › Section IX-103 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purposes and
				  intent of this program are to provide the maximum opportunity for Small
				  Entrepreneurships to become so certified as "Veteran-owned small
				  entrepreneurship" or "Service-connected disabled veteran-owned small
				  entrepreneurship" and thereby become eligible to participate in a competitive
				  modern business economy, to facilitate their access to state procurement and
				  public contracts, and encourage business opportunities for such small
				  entrepreneurships. These purposes shall be accomplished by providing a program
				  for the certification of a business as "veteran-owned small entrepreneurship"
				  or "service-connected disabled veteran-owned small entrepreneurship."
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. R.S.
					 39:2006,
					 R.S.
					 39:2171 et seq. and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 1 - Certification Program › Chapter 3 - Certification › Section IX-301 - Eligibility Requirements for Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligibility. An applicant for
				  certification must meet two sets of requirements:
1. an applicant must establish that it is a
				  "service-connected veteran-owned small entrepreneurship" (SDVSE) or a
				  "veteran-owned small entrepreneurship" (VSE), by providing appropriate
				  documentation from the United States Department of Veterans Affairs or the
				  Louisiana Department of Veterans Affairs; and
2. shall meet all the requirements for a
				  small entrepreneurship (SE):
a. independently
				  owned and operated;
b. not dominant
				  in its field of operation, which shall be determined by consideration of the
				  business's number of employees, volume of business, financial resources,
				  competitive status, and ownership or control of materials, processes, patents,
				  license agreements, facilities, and sales territory; and
c. together with any of its affiliates, has
				  fewer than 50 full-time employees with average annual gross receipts not
				  exceeding $10,000,000 per year for construction operations and $6,000,000 per
				  year for non-construction operations, for each of the previous three tax
				  years.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 1 - Certification Program › Chapter 3 - Certification › Section IX-303 - Responsibility for Applying

Current through Register Vol. 50, No. 6, June 20, 2024
A. It
				  is the responsibility of any individual or business wishing to participate in
				  the program to complete the appropriate written application and required
				  certification process. Failure to provide complete, true, accurate or timely
				  any requested additional supporting information may result in the rejection of
				  the application.
B. Application and
				  certification materials will be distributed by the SE (VI) Certification
				  Program, or its designee or staff, upon written or verbal request. Written or
				  verbal requests for application and certification materials should be directed
				  to the SE (VI) Certification Program office in the Department of Economic
				  Development in Baton Rouge.
C.
				  Certification as a (SDVSE) or (VSE) also does not constitute compliance with
				  any other laws or regulations and does not relieve any firm of its obligations
				  under other laws or regulations. Certification also does not constitute any
				  determination by the SE (VI) Certification Program, its designee or staff, that
				  the firm is a responsible one according to
				  R.S.
				  39:1505 or
				  R.S.
				  39:1601, or that the firm is capable of
				  performing any work of any kind.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. R.S.
					 39:2006,
					 R.S.
					 39:2171 et seq., and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 1 - Certification Program › Chapter 3 - Certification › Section IX-305 - Certification Application Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants for certification must submit
				  to the SE (VI) Certification Program office:
1. a written application;
2. supporting financial and other background
				  information;
3. a statement
				  certifying that the applicant meets the eligibility requirements or criteria as
				  specified in
				  R.S.
				  39:2176(A);
4. an affidavit signed, dated, and notarized
				  attesting to the correctness of the information provided and to the
				  authenticity of all supporting documentation or information provided;
				  and
5. if requested, the applicant
				  must also furnish, within a reasonable time, applicant's most recent financial
				  statements, Federal and State tax returns, a copy of its most recently filed
				  Louisiana Department of Labor (LDOL) ES-4 form, and any other appropriate
				  supporting documentation or information as may be requested or required by the
				  SE (VI) Certification Program, or its designee or staff.