reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-127 - Procedure for Denial of Certification or Recertification

Current through Register Vol. 50, No. 6, June 20, 2024
A. A business denied certification or
				  recertification by the CRT will be notified by the safety programs Section of
				  the determination and may request a review of the CRT's decision. The request
				  must be in writing and must detail specific areas in which the business feels
				  the decision is in error. The written request must be received by the CRT
				  within 14 calendar days of the business' notification that it has been
				  denied.
B. The CRT will consider
				  requests for hearings on denials of certification or recertification if the
				  request is received during the stated time limit. Hearings are not, however,
				  mandatory. When the record clearly establishes the SDBE applicant lacks the
				  background and experience to control day-to-day and major operational
				  decisions, a hearing request may be denied.
C. By majority vote the CRT may choose to
				  request a meeting with the business owners to clarify certain areas. If this is
				  the case, it will be mandatory that the SDBE applicant attend the hearing and
				  represent themselves before the CRT. An attorney may accompany the applicant,
				  but may only attend to advise their client. The date will be specified by the
				  CRT and failure to appear will result in rejection.
D. A SDBE applicant may appeal the CRT's
				  decision to the secretary of DOTD in writing within 14 days from receipt of the
				  CRT's final rejection. The secretary's decision is final.
E. A business that is denied certification or
				  recertification may not reapply for certification with the department for at
				  least 180 days from the date of the final decision by DOTD.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-129 - Procedure for Decertification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  CRT shall "decertify," that is, to withdraw recognition and certification as a
				  SDBE upon discovery that the business does not meet the eligibility
				  criteria.
B. The CRT will notify
				  the business of the department's intent to decertify them. This notification
				  will be in writing and the business will be provided an opportunity to respond
				  in writing. The response must be received within 14 days of the notification of
				  intent and must detail specific areas in which the CRT's decision is in
				  error.
C. The CRT will consider
				  requests for hearings if the request is received during the stated time limit.
				  If a hearing is granted, it is mandatory that the SDBE owner attend the
				  hearing. Failure of the SDBE owner to appear will result in
				  rejection.
D. The CRT will make its
				  final decision. This decision may be appealed to the secretary of DOTD in
				  writing within 14 days of notification. The secretary's decision is
				  final.
E. Should the secretary
				  uphold the CRT's decision to decertify, the firm shall be immediately
				  decertified. The firm shall be notified of the secretary's decision in writing
				  and may not reapply for certification for at least 180 days.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-131 - List of Certified SDBE Firms

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Purpose of the List
1. A listing of certified
				  SDBEs is maintained by the safety programs Section. The listing contains the
				  name and basic identifying data of each SDBE. Separate lists are maintained for
				  construction and consulting firms.
2. In addition to the name, address, phone
				  number and contact person for each firm, the list includes the type of work
				  capabilities in which the firms have past experience and in which the
				  department's CRT has approved the firms participation for goal
				  credit.
3. The list is not an
				  endorsement or guarantee of the capability, dependability, or availability of
				  any business listed. Listing assures only that the business has been certified
				  eligible and will, if employed on a department project, serve toward
				  fulfillment of contract goals. The certified SDBE must perform a commercially
				  useful function in order to be credited toward contract goals and retain
				  certification.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-133 - Ineligibility Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  individual, firm, agency or other person who believes that an applicant
				  certified as a SDBE does not qualify under the standards of eligibility for
				  certification may file a written, signed complaint with the safety programs
				  section. Such complaints must contain sufficient information for the section to
				  determine the validity of the complaint, including specific identification of
				  the affected applicant business; the basis for the belief that the applicant
				  does not meet eligibility criteria; and an identification of the
				  complainant.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-135 - Investigation of Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within
				  available resources, the safety programs section must investigate each
				  complaint as promptly as possible. In no event shall any investigation period
				  exceed 60 calendar days from receipt of the complaint.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-137 - Notification of Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  safety programs section shall notify the subject SDBE of the details of the
				  complaint by certified mail, return receipt requested, within 10 calendar days
				  of complaint receipt.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234
					 (C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-139 - Response to Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. No SDBE
				  shall be decertified based upon a complaint, without first having an
				  opportunity to respond to the complaint. However, failure of the SDBE to
				  respond to notification of the complaint within 20 calendar days of mailing of
				  notice from the safety programs section may result in
				  decertification.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-141 - Cooperation in Complaint Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The SDBE shall cooperate fully in any
				  complaint investigation and shall make its staff and/or records available to
				  assist the safety programs section in its investigation as necessary.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-143 - Temporary Suspension

Current through Register Vol. 50, No. 6, June 20, 2024
A. The CRT
				  may suspend the certification of the affected SDBE pending the outcome of the
				  investigation, after providing the firm with seven calendar days notice via
				  certified mail, return receipt requested to show cause why suspension should
				  not occur. Any such suspension shall last not more than 60 calendar
				  days.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-145 - Complaint Investigation Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon completion of the investigation, the
				  CRT shall issue a written decision, either rejecting the complaint or revoking
				  certification of the SDBE. The written decision shall be distributed to both
				  the SDBE involved and to the complainant.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter D - The Contract › Section XIX-147 - Determination of Successful Bidder and Award

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bid openings and award of contracts will
				  be conducted in accordance with the department's established procedures. All
				  current bid procedures and contract forms utilized in the department's federal
				  DBE program will be used in the SDBE program.
B. A pre-award review will be performed by
				  the department's construction section to verify the low bidder's resources to
				  perform on the construction contract. The secretary, or his designated
				  representative, will evaluate this report, and make a final determination on
				  contract award.
C. DOTD Required
				  Contract Provisions
1. All proposals and
				  contracts in which SDBE participation is prescribed as a condition to award of
				  contract will contain special provisions which specify SDBE requirements of the
				  contract and the actual contract percentage goal for SDBE firms.
2. The proposal/contract will contain
				  required contract provisions in state-funded construction projects. By signing
				  the proposal and completing the "Bidder's Goal Statement," bidder gives written
				  commitment to meet, exceed or demonstrate good faith efforts to meet or exceed
				  the goal and to comply with all other requirements of the contract.
3. A SDBE prime contractor is required to
				  perform a commercially useful function by actually managing, supervising, and
				  performing the work of the contract. The SDBE prime contractor must perform at
				  least 50 percent of the total contract with its own forces. If the SDBE only
				  purchases materials and supplies, its will not be considered as performing a
				  commercially useful function.
4.
				  Failure of a SDBE prime contractor to perform a commercially useful function on
				  a set-aside project will result in a loss of certification and any other
				  damages deemed appropriate by DOTD.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter D - The Contract › Section XIX-149 - Interference; Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a person,
				  firm, corporation, business, union, or other organization prevents or
				  interferes with a contractor's or subcontractor's compliance with any rule
				  adopted under this program or submits false or fraudulent information to the
				  state concerning compliance with this program or any rule or violates this
				  Chapter or any rule adopted under this Chapter, the person or entity shall be
				  subject to a fine not to exceed $1,000 in addition to any other penalty or
				  sanction prescribed by law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter D - The Contract › Section XIX-151 - Noncompliance ; Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a
				  person, firm, corporation, or business does not substantially comply with a
				  contract subject to these rules the state may withhold payment, debar, suspend,
				  or terminate the contract, and subject the contractor to civil penalties of 10
				  percent of the amount of the contract or $5,000, whichever is less. Willful
				  repeated violations exceeding a single violation may disqualify the contractor
				  from further participation in state contracts for a period of one
				  year.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXI - Personnel › Chapter 1 - Substance Abuse and Drug-Free Workplace Policy › Section XXI-101 - Philosophy

Current through Register Vol. 50, No. 6, June 20, 2024
A. The use of
				illegal and unauthorized drugs and the misuse of alcohol are serious social
				problems that are even more unacceptable in the workplace. The Department of
				Transportation and Development has a compelling interest in the welfare and
				safety of its employees and the traveling public, the maintenance of a high
				level of productivity, and quality service to the general public. The
				establishment of a drug-free work environment in compliance with Executive
				Order Number MJF 98-38 and
				R.S.
				49:1001 et seq., preserves property and
				equipment, promotes public safety, and reduces absenteeism and job-related
				accidents and injuries, while enhancing overall job performance, productivity
				levels, and the image and reputation of the department.
B. To enhance national highway transportation
				safety, Congress passed the Omnibus Transportation Employee Testing Act of
				1991. This Act requires alcohol and drug testing of certain safety-sensitive
				employees in the aviation, motor carrier, railroad and mass transit industries.
				The departmental positions subject to these federal drug and alcohol testing
				requirements primarily include pilots, drivers who are required by state or
				federal law to have a Commercial Driver's License (CDL) and who operate
				Commercial Motor Vehicles (CMVS), and crew members operating a commercial
				marine vessel that receives funds from the Federal Transit
				Administration.
C. This policy
				applies to all Department of Transportation and Development employees, but
				those employees who are in safety-sensitive positions or who are being tested
				under federal authority will receive a separate employee information package
				which explains the program in greater detail. Following a job offer, all
				potential employees are subject to a pre-employment drug test. Additionally,
				all employees are subject to post-accident/incident, reasonable suspicion,
				return-to-duty, and follow-up drug and alcohol tests. Employees in
				safety-sensitive positions are further subject to random drug and alcohol
				tests. A list of the safety-sensitive positions being tested under federal
				authority is attached as Appendix A. Additional positions designated by DOTD as
				safety-sensitive are listed in Appendix B.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:1015.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXI - Personnel › Chapter 1 - Substance Abuse and Drug-Free Workplace Policy › Section XXI-103 - Employment Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. To
				maintain a safe work environment, all department employees are required to do
				the following:
1. report for duty in a
				physical and emotional condition that maximizes his/her ability to perform
				assigned tasks in a competent and safe manner;
2. submit to the drug/alcohol tests and
				screens described in this policy when required by supervisor or appointing
				authority;
3. notify supervisor
				prior to reporting for duty that he/she believes, or has been advised by a
				physician or pharmacist, that prescription or over-the-counter drugs/medication
				may impair the employee's ability to perform usual job duties;
4. maintain prescription drugs in prescribed
				quantity and be able to produce original prescription containers, when
				required;
5. notify supervisor at
				the beginning of the next scheduled work day of any arrest or conviction of a
				criminal, drug or drug-related offense, which occurs on- or off-duty, including
				DWI (Driving While Under the Influence) arrests.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXI - Personnel › Chapter 1 - Substance Abuse and Drug-Free Workplace Policy › Section XXI-107 - Drug Testing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				department contracts with neutral, professional medical personnel and certified
				laboratories for the collection, custody, storage, and analysis of urine
				specimens. A splitsample collection method is used, with both the primary and
				split specimens shipped to the laboratory. The primary urine sample is analyzed
				for the presence of marijuana, opiates, amphetamines/methamphetamines, cocaine,
				and phencyclidine (PCP), by SAMSHA (Substance Abuse Mental Health Services
				Administration) certified laboratory, and in strict compliance with SAMSHA
				guidelines. A dual testing procedure is also used, where each primary sample
				that tests positive during an initial test is subjected to an additional, more
				precise confirmatory test. Any urine sample that is confirmed positive (i.e.,
				exceeds federally adopted cutoff levels) is reported to the Department's
				Medical Review Officer (MRO), a licensed, contracted physician.
B. Upon receipt of a positive report, the MRO
				reviews the collection procedure, chain of custody, and testing methodology to
				exclude all possible medical explanations for the positive result. The MRO also
				contacts the employee/applicant to rule out the possibility that medications,
				medical history, or any other conditions may have caused the positive result,
				prior to reporting a positive test result to the department.
C. If the confirmed test result is reported
				as positive by the MRO, the employee may, within 72 hours, request in writing
				to the MRO that the split specimen (initially collected but separated and
				stored during the collection process) be tested in a different SAMSHA certified
				laboratory for the drug for which a positive result was reported. This split
				sample testing is done at the employee's expense.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:1015.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXI - Personnel › Chapter 1 - Substance Abuse and Drug-Free Workplace Policy › Section XXI-109 - Alcohol Testing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Evidential Breath Testing Devices (EBTs), approved by the National Highway
				Traffic Safety Administration (NHTSA), will be used by certified Breath Alcohol
				Technicians (BATS) on contract with the department. testing sites will provide
				visual and aural privacy, unless prevented by unusual circumstances. The
				employee must provide a photo identification or be identified by an employer
				representative.
B. A breath
				screening test will be conducted, and the employee will be told the results. If
				the results are less than 0.02 alcohol concentration, no further testing is
				necessary, and the test results are reported as negative. If the screening test
				indicates an alcohol concentration of 0.02 or greater, a confirmation test will
				be performed within 20 minutes, but not less than 15 minutes, of completion of
				the screening test. If the confirmatory test again indicates an alcohol
				concentration of 0.02 or greater, the results will be reported as positive to
				the appointing authority or designated representative. Employees occupying
				safety-sensitive positions will not be allowed to perform safety-sensitive
				functions and will be subject to disciplinary action specified under
				§113 of this rule.
C. Positive test results will also be
				reported to the appointing authority or designee whenever an employee refuses
				to complete or sign the breath alcohol confirmation testing form, provide
				breath, provide an adequate amount of breath (excludes medical inability), or
				fails to cooperate with the testing procedures in any way that prevents the
				completion of the test.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:1015.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXI - Personnel › Chapter 1 - Substance Abuse and Drug-Free Workplace Policy › Section XXI-111 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. All drug and
				alcohol testing results and records are maintained under strict confidentiality
				by the department, the drug testing laboratory, and the MRO. They cannot be
				released to others without written consent of the employee. Exceptions to these
				confidentiality provisions are limited to Federal Department of Transportation
				agencies, when license or certification actions are required, or to a
				decision-maker in arbitration, litigation, or administrative proceedings
				arising from a positive drug test.
B. Employees have the right to access all
				written information and documentation within seven days, as required by
				R.S.
				49:1001.
C. Statistical records and reports are also
				maintained by the department, contracted physicians, and drug testing
				laboratories. This information is aggregated data and is used to monitor
				compliance with the rules and to assess the effectiveness of the drug testing
				program.
D. The department has no
				interest in informing law enforcement authorities of a positive drug test.
				However, nothing contained in this rule will be construed to preclude the
				delivery of any illegal drug, controlled dangerous substance, or other
				substance prohibited by this policy, discovered on departmental/state property,
				or on the person of a departmental employee to appropriate law enforcement
				agencies. Likewise, any employee engaged in the sale, attempted sale,
				distribution, or transfer of illegal drugs or controlled substances while on
				duty or on department/state property will be referred to appropriate law
				enforcement authorities.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:1015.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXI - Personnel › Chapter 1 - Substance Abuse and Drug-Free Workplace Policy › Section XXI-113 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The use of
				illegal drugs and misuse of alcohol and other controlled or unauthorized
				substances will not be tolerated at the department. substance abuse, which
				endangers the health and well-being of departmental employees and the traveling
				public, prevents quality service to the public and is inconsistent with this
				department's mission. While the department's position is firm, it will also
				resolve any reasonable doubt issues in the employee's favor.
B. Disciplinary actions will be taken after a
				complete and thorough review of all applicable data, and in accordance with
				Chapter 12 of the Civil Service Rules and Secretary's Policy and Procedure
				Memorandum Number 26 (Disciplinary System).
1. Violations for which employee is subject
				to termination are as follows:
a. refusal to
				submit to a drug or alcohol test, or failure to cooperate in any way that
				prevents the completion of a test;
b. submission of an adulterated or substitute
				urine sample for drug testing;
c.
				buying, selling, dispensing, distributing, or possessing alcohol or any illegal
				or unauthorized controlled substance while on duty or on department/state
				premises;
d. unjustifiable
				possession of drug-related paraphernalia while on duty or on department/state
				premises;
e. unjustifiable
				possession of prescription drugs or any dangerous, controlled
				substances;
f. driving a state
				vehicle or operating state equipment (or driving personal vehicle while on
				duty) while under the influence of drugs or alcohol, where tests administered
				by authorized officials confirm a policy violation;
g. the presence of alcohol, illegal or
				unauthorized drugs, and other prohibited controlled substances, in a state
				vehicle, while on or off-duty;
h.
				positive drug test result or confirmed 0.02 blood alcohol
				concentration;
i. under all of the
				above circumstances, the employee will be referred to a substance abuse
				professional.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXI - Personnel › Chapter 1 - Substance Abuse and Drug-Free Workplace Policy › Section XXI-115 - Employee Assistance Program (EAP)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Early recognition and treatment of drug
				dependency are essential to successful rehabilitation. Those employees
				recognizing a substance abuse problem should seek assistance from the
				department's EAP coordinator in the human resources section. Referrals are held
				in strict confidence, but supervisors and appointing authorities who need to
				know will be kept abreast of the employee's treatment, leave needs, and
				prognosis on a case-by-case basis.
B. Employees who are referred to the EAP
				coordinator by their supervisor, or who, as a condition of continued
				employment, participate in an alcohol/substance abuse rehabilitation program
				are subject to the return-to-duty and follow-up tests, as specified in
				§105. A 5
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:1015.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXI - Personnel › Chapter 1 - Substance Abuse and Drug-Free Workplace Policy › Section XXI-117 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior
				to employing an applicant for a position which requires a Commercial Driver's
				License (CDL), the department must obtain the prospective employee's written
				consent to obtain from the prospective employee's previous employers the
				results of any drug/alcohol testing administered during the past two years.
				This regulation also applies to current employees who are being reassigned,
				promoted, detailed, reallocated or demoted to a position that requires a CDL.
1. Should an applicant fail to provide the
				release, the offer of employment will be withdrawn. Should an existing employee
				fail to provide the release, the offer of promotion, reassignment,
				reallocation, or demotion will also be withdrawn.
2. Upon receipt of information from a
				previous employer that the prospective applicant or employee (moving to a job
				that requires a CDL) tested positive on either a drug or alcohol test or
				refused to submit to testing within the past two years, the offer of employment
				or promotion will be withdrawn, unless the applicant has completed a
				drug/alcohol rehabilitation program and provides a written, positive evaluation
				by a substance abuse professional.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXI - Personnel › Chapter 1 - Substance Abuse and Drug-Free Workplace Policy › Section XXI-119 - Appendix A

Current through Register Vol. 50, No. 6, June 20, 2024
A. Positions
				subject to drug and alcohol tests, including random, as mandated by the United
				States Department of Transportation. For post-accident/incident test, refer to
				§105. A.2 to determine if federal agency or DOTD is requiring
				test.
B. Jobs Requiring Commercial
				Driver's License:
1. Bridge Maintenance
				Assistant Supervisor/ Statewide;
2.
				Bridge Maintenance Supervisor/Statewide;
3. Bridge Repairer;
4. Electrician (all signal except Section
				45/Gang 761) (Section 59/Gang 007 w/air brake endorsement);
5. Electrician Foreman (all signal except
				Section 45/Gang 761);
6.
				Electrician Specialist (all signal except Section 45/Gang 761) (Section 59/Gang
				007 w/air brake endorsement);
7.
				Electrician Specialist Foreman (all signal except Section 45/Gang 761) (Section
				59/Gang 007 w/air brake endorsement);
8. Electrician Specialist Leader (all signal
				except Section 45/Gang 761) (Section 59/Gang 007 w/air brake
				endorsement);
9. Engineering
				Technician 1 (Section 22/Gang 041);
10. Engineering Technician 2 (Section 22/Gang
				041);
11. Engineering Technician 3
				(Section 22/Gang 041);
12.
				Engineering Technician 4 (Section 22/Gang 041);
13. Engineering Technician Supervisor 1
				(Section 22/Gang 041);
14.
				Equipment Inspector (except Section 09);
15. Equipment Superintendent;
16. Geotechnical Exploration Supervisor 2
				(Section 22/Gang 041);
17. Highway
				Foreman 1;
18. Highway Foreman 2
				(except former District Sign/Traffic Supervisor and Tunnel Maintenance/Operator
				Supervisor);
19. Marine Welder
				(Section 51/Bridge);
20. Marine
				Welder Foreman (Section 51/Bridge);
21. Marine Welder Master (Section
				51/Bridge);
22. Mobile Equipment
				Maintenance Mechanic;
23. Mobile
				Equipment Master Mechanic;
24.
				Mobile Equipment Master Mechanic Leader;
25. Mobile Equipment Operator
				1/Heavy;
26. Mobile Equipment
				Operator 2/Heavy;
27. Mobile
				Equipment Operator 1 (Section 51);
28. Mobile Equipment Operator 2 (except
				Section 70);
29. Mobile Equipment
				Overhaul Mechanic;
30. Mobile
				Equipment Shop Foreman;
31. Mobile
				Equipment Shop Superintendent;
32.
				Painter (bridge);
33. Painter
				Foreman (bridge);
34. Painter
				Master (bridge);
35. Roadside
				Development Herbicide Applicator;
36. Trades Apprentice (Section 51/Bridge)
				(All signal except Section 45/Gang 761) (Section 59 w/air brake
				endorsement).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXI - Personnel › Chapter 1 - Substance Abuse and Drug-Free Workplace Policy › Section XXI-121 - Appendix B

Current through Register Vol. 50, No. 6, June 20, 2024
A. Additional
				positions subject to drug and alcohol tests, including random, as determined by
				DOTD:
1. Bridge Inspection Program
				Manager;
2. Bridge Inspection Team
				Leader;
3. Bridge Maintenance and
				Inspection Supervisor;
4. Bridge
				Operator 1;
5. Bridge Operator
				2;
6. Bridge Operator
				Foreman;
7. DOTD Engineer Program
				Manager (Section 51);
8. DOTD Staff
				Engineer Admin. 1 (Section 51);
9.
				DOTD Staff Engineer Supervisor (Section 51);
10. EIT 1/2/Engr./DOTD Staff Engr. Advanced
				(Section 51);
11. Engineering
				Technicians 1-4 (Districts, Gang 051 and Section 51 employees performing bridge
				inspection duties);
12. Maintenance
				Repairer 1 (Navigational Locks only);
13. Maintenance Repairer 2 (Navigational
				Locks only);
14. Mobile Equipment
				Operator 1;
15. Navigational Lock
				Master;
16. Navigational Lock
				Operator 1;
17. Navigational Lock
				Operator 2;
18. Staff Engineer
				Specialist Advanced-Bridge Maintenance (Section 51).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 1 - Qualified Products List › Section XXIII-101 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Qualified
				products listings and the evaluation of materials for these lists are
				administered by the traffic services section and the materials section within
				the Department of Transportation and Development.
B. Qualified products listings are basically
				developed for those materials and items requiring source approval, performance
				evaluation, in-service evaluation, long term testing, or other conditions not
				conducive to normal sampling and testing of materials received at the point of
				delivery. Prospective sources of supply should be aware that those samples
				required for evaluation must be furnished at no cost to the department, and
				that results of tests and evaluations may be published and made available for
				public distribution by the department. Testing and evaluation time varies
				depending upon the specific item; some items require considerable time for
				testing and evaluation. The qualified products listings are in two general
				areas, i.e., traffic control devices and construction materials. Examples of
				such lists are as follows.
1. Traffic control
				devices:
a. conflict monitors;
b. controller cabinets;
c. coordination units;
d. disconnect hangers and leads;
e. flashers for controllers;
f. flashing switches for beacons;
g. load cells;
h. loop amplifiers;
i. pedestal bases;
j. pre-emption units;
k. pull boxes;
l. signal lenses;
m. signal and pedestrian heads; and
n. traffic signal controllers.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-301 - Types of Commodities

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Commodities purchased by the DOTD procurement section fall into two categories,
				either exempt commodities or non-exempt commodities.
1. Exempt Commodities. Exempt commodities are
				defined in
				R.S.
				39:1572 as materials and supplies that will
				become component parts of any road, highway, bridge or appurtenance thereto.
				These commodities are exempt from central purchasing and regulations of the
				commissioner of administration, but nevertheless shall be subject to the
				requirements of the Louisiana Procurement Code and such regulations as may be
				promulgated by the secretary of the Department of Transportation and
				Development.
2. Non-Exempt
				Commodities. Non-exempt commodities are defined as materials and supplies that
				will not become component parts of any road, highway, bridge or appurtenance
				thereto. These commodities are subject to the requirements of the Louisiana
				Procurement Code and such regulations as may be promulgated by the commissioner
				of administration and shall be governed by the rules and regulations adopted by
				the director of state purchasing.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-303 - Delegation of Purchasing Authority Set by the Director of State Purchasing

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				39:1566 authorizes the director of state
				purchasing to delegate authority to any governmental body as deemed appropriate
				within the limitations of state law and the state procurement regulations. The
				director of state purchasing has set the delegated purchasing authority
				covering non-exempt commodities for the Department of Transportation and
				Development. The director of state purchasing has the authority to change or
				rescind the purchasing authority of the Department of Transportation and
				Development at any time.
B. In
				accordance with
				R.S.
				39:1566 and the latest revision to the
				governor's executive order covering small purchases, the director of state
				purchasing has also set the delegated purchasing authority covering equipment
				repairs and/or parts to repair equipment. The director of state purchasing has
				the authority to change or rescind the purchasing authority of the Department
				of Transportation and Development which covers equipment repairs and parts to
				repair equipment at any time.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-305 - Delegation of Purchasing Authority Set by the DOTD Procurement Director

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S. 39:1572
				authorizes the Secretary of the Department of Transportation and Development to
				promulgate rules and regulations regarding the purchase of materials and
				supplies that will become a component part of any road, highway, bridge, or
				appurtenance thereto. The secretary has authorized the DOTD procurement
				director to set the delegated purchasing authority covering exempt commodities
				for each district and section within the Department of Transportation and
				Development. The DOTD procurement director has the authority to change or
				rescind the purchasing authority of any district or section at any
				time.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-307 - Non-Competitive Procurement

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Purchases of less than $500 (or the amount set in the latest governor's
				executive order, whichever is higher) do not require competitive
				bids.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-309 - Requests for Quotations Covering Non-Exempt Commodities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purchases of non-exempt commodities having
				an estimated cost which exceeds the non-competitive dollar limit but which do
				not exceed the delegated purchasing authority of the department are referred to
				as "requests for quotations."
B.
				All requests for quotations covering non-exempt commodities which exceed the
				non-competitive dollar limit but do not exceed $2,000 (or the dollar limits
				listed in the latest governor's executive order, whichever is higher) shall be
				awarded on the basis of the lowest responsive price quotation solicited by
				telephone, facsimile or other means to at least three bona fide, qualified
				bidders. Whenever possible, at least one of the bona fide, qualified bidders
				shall be a certified economically disadvantaged business. All facsimile or
				written solicitations shall include the bid closing date, time, and all
				pertinent specifications, including quantities, units of measure, packaging,
				delivery requirements, terms and conditions, and basis of award.
C. All requests for quotations covering
				non-exempt commodities having an estimated cost which exceeds $2,000 but which
				do not exceed $10,000, (or the dollar limits listed in the latest governor's
				executive order, whichever is higher) shall be awarded on the basis of the
				lowest responsive price quotation solicited by facsimile or written
				solicitation to at least five bona fide, qualified bidders. Whenever possible,
				at least two of the bona fide, qualified bidders shall be certified
				economically disadvantaged businesses. Facsimile quotations shall allow for
				bids to be accepted for a minimum period of five calendar days. Written
				solicitations shall allow for bids to be accepted for a minimum period of 10
				calendar days. All facsimile or written solicitations shall include the bid
				closing date, time, and all pertinent specifications, including quantities,
				units of measure, packaging, delivery requirements, terms and conditions and
				basis of award.
D. All requests for
				quotations shall be publicly opened and read whenever interested parties are
				present at the bid opening.
E.
				Purchases of non-exempt commodities having an estimated cost which exceeds
				$10,000 (or the latest delegated purchasing authority, whichever is higher) are
				prepared and forwarded to the Office of State Purchasing for bid
				solicitation.
F. Requests for
				quotations for non-exempt commodities may also be referred to as "invitations
				for bids" throughout this rule.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-311 - Requests for Quotations Covering Exempt Commodities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purchases of exempt commodities having an
				estimated cost which exceeds the non-competitive dollar limit but which do not
				exceed $25,000 (or the latest revision to
				R.S. 48:205,
				whichever is higher) are also referred to as "requests for
				quotations."
B. All requests for
				quotations covering exempt commodities which exceed the non-competitive dollar
				limit but which do not exceed $2,000 (or the dollar limits listed in the latest
				governor's executive order, whichever is higher) shall be awarded on the basis
				of the lowest responsive price quotation solicited by telephone, facsimile or
				other means to at least three bona fide, qualified bidders. Whenever possible,
				at least one of the bona fide, qualified bidders shall be a certified
				economically disadvantaged business. All facsimile or written solicitations
				shall include the bid closing date, time, and all pertinent specifications,
				including quantities, units of measure, packaging, delivery requirements, terms
				and conditions, and basis of award.
C. All requests for quotations covering
				exempt commodities having an estimated cost which exceeds $2,000 (or the dollar
				limit listed in the latest governor's executive order, whichever is higher) but
				which do not exceed $25,000 (or the latest revision to
				R.S. 48:205,
				whichever is higher) shall be awarded on the basis of the lowest responsive
				price quotation solicited by facsimile or written solicitation to at least five
				bona fide, qualified bidders. Whenever possible, at least two of the bona fide,
				qualified bidders shall be certified economically disadvantaged businesses.
				Facsimile quotations shall allow for bids to be accepted for a minimum period
				of five calendar days. Written solicitations shall allow for bids to be
				accepted for a minimum period of 10 calendar days. All facsimile or written
				solicitations shall include the bid closing date, time, and all pertinent
				competitive specifications, including quantities, units of measure, packaging,
				delivery requirements, terms and conditions, and basis of award.
D. All requests for quotations shall be
				publicly opened and read whenever interested parties are present at the bid
				opening.
E. Purchase of exempt
				commodities having an estimated cost which exceeds $25,000 (or the latest
				revision to
				R.S. 48:205,
				whichever is higher) will be processed as sealed bids and shall be advertised
				in accordance with
				R.S.
				48:205.
F. Request for quotations for exempt
				commodities may also be referred to as "invitation for bids" throughout this
				rule.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-313 - Request for Sealed Bids Covering Exempt Commodities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purchases of exempt commodities having an
				estimated cost which exceeds $25,000 (or the latest revision to
				R.S. 48:205,
				whichever is higher) are referred to as sealed bids.
B. All sealed bids shall be advertised in the
				Official Journal of the State. Advertisements shall be published not less than
				10 days prior to the date set for opening the bids. In the event the purchase
				pertains to a particular parish, the advertisement shall also be published in a
				newspaper of general circulation printed in the parish. The published
				advertisement shall fix the exact place and time for presenting and opening of
				bids.
C. For bids over $25,000 (or
				the latest revision to
				R.S. 48:205,
				whichever is higher), a minimum of 21 days should be provided unless the DOTD
				procurement director or designee deems that a shorter time is necessary for a
				particular procurement. However, in no case shall the bidding time be less than
				10 days unless the DOTD procurement director has declared the purchase to be an
				emergency.
D. Sealed bids shall be
				awarded on the basis of the lowest responsive price quotation solicited by
				written solicitation to at least five bona fide, qualified bidders. Whenever
				possible, at least two of the bona fide, qualified bidders shall be a certified
				economically disadvantaged business. All written solicitations shall include
				the bid closing date, time, and all pertinent specifications, including
				quantities, units of measure, packaging, delivery requirements, terms and
				conditions, and basis of award.
E.
				The practice of dividing proposed or needed purchases into separate
				installments for the purpose of evading the bid advertisement requirement is
				expressly prohibited.
F. Sealed
				bids shall be publicly opened on the bid opening day.
G. Bids will be publicly read whenever
				interested parties are present.
H.
				Sealed bids may also be referred to as invitation for bids throughout this
				rule.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-315 - Single Purchase or One-Time Purchase

Current through Register Vol. 50, No. 6, June 20, 2024
A. A single purchase or a one-time purchase
				refers to a purchase for a specific quantity to be delivered in one
				shipment.
B. A single purchase or a
				one-time purchase may also be referred to as invitation for bids throughout
				this rule.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXIII - Purchasing › Chapter 3 - Purchasing Rules and Regulations › Section XXIII-317 - Term Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. A term
				contract (also referred to as an indefinite quantity purchase) is a purchase by
				which a source of supply is established for a specific period of time. Term
				contracts are usually based on indefinite quantities to be ordered as needed,
				and no quantities are guaranteed. This type of contract can also be used to
				specify definite quantities with deliveries extended over the contract
				period.
B. Term contracts may
				contain an option for renewal or extension of the contract; however, this
				provision must be included in the bid solicitation. When such a contract is
				awarded by competitive sealed bidding, exercise of the option shall be at the
				discretion of the department only and shall be with the mutual agreement of the
				contractor.
C. A term contract or
				indefinite quantity purchase may also be referred to as invitation for bids
				throughout this rule.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1551-1736 and
				  48:204-210.