reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 5 - Mentor-ProtegeCredit Program › Section II-511 - Termination of Mentor-Protege Agreement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Termination for Cause. The state may
				terminate the mentor-protege agreement for cause based upon the failure of the
				mentor or protege to comply with the terms and/or conditions of the agreement,
				provided that the state shall give the mentor or protege written notice
				specifying the failure. If within 30 days after receipt of such notice, the
				mentor or protege shall not have either corrected such failure or, in a case
				which cannot be corrected in 30 days, begun in good faith to correct said
				failure and thereafter proceeded diligently to complete such correction, then
				the state may, at its option, place the mentor or protege in default and the
				agreement shall terminate on the date specified in such notice. The mentor or
				protege may exercise any rights available to it under Louisiana law to
				terminate for cause upon the failure of the state to comply with the terms and
				conditions of the agreement; provided that the mentor or protege shall give the
				state written notice specifying the state's failure and a reasonable
				opportunity for the state to cure the defect.
B. Termination for Convenience. Either party
				may terminate the agreement at any time by giving 30 days written notice. The
				mentor shall be entitled to payment for deliverables in progress, to the extent
				work has been performed satisfactorily. The state may amend and/or terminate
				the agreement due to budgetary reductions or changes in funding priorities by
				the state upon giving 30 days written notice.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:
				  942
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 9 - Small Business Bonding Program › Section II-901 - Small Business Bonding Assistance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Program Activities-Louisiana Contractors
				Accreditation Institute (LCAI)
1.
				Eligibility. All SEB construction contractors who are certified by the Small
				and Emerging Business Development Program, Department of Economic Development,
				are eligible to attend the institute. However, other contracting businesses
				will be invited to attend the institute but they will not be able to receive
				bond guarantee assistance until they have been certified by the SEBD
				Program.
2. Standards and
				Procedures for Determining Course Content. The staff of Bonding Assistance
				Program (BAP) will once a year, or as budget permits, consult with the heads of
				the construction schools in Louisiana approved by the Board of Regents and
				Department of Education to ensure that current course content adequately
				prepares the students to run their construction firms in a businesslike
				manner.
3. Attendance. Attendance
				is open to only certified or potentially certified small and emerging business
				construction contractors. However, contractors must register for the institute
				he or she wishes to attend. Each contractor who successfully completes the LCAI
				will be issued a certificate of accreditation.
4. Accreditation without Institute
				Attendance. An SEB firm may request to be accredited without attendance. The
				staff of the BAP will conduct a review of the firm. If the contractor can
				present evidence he conducts business within standards set by best practices,
				an accreditation may be issued to the firm.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 9 - Small Business Bonding Program › Section II-903 - Direct Bonding Assistance

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Direct Bonding Assistance-Eligibility
1. All
				certified active small and emerging construction businesses, and all other
				certified SEBs (non-construction) may be eligible for surety bond guarantee
				assistance not to exceed the lesser of 25 percent of contract or $200,000 on
				any single project.
2. Beginning
				July 1, 2017, firms with previously approved SEBD certification status expiring
				after July 1, 2017 but prior to July 1, 2020, may be granted continued
				eligibility for the Direct Bonding Assistance Program for a period of up to
				three years, but no later than July 1, 2020.
3. All obligations, whether contractual or
				financial, will require the approval of the undersecretary.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 9 - Small Business Bonding Program › Section II-907 - Management Construction/Risk Management Company

Current through Register Vol. 50, No. 6, June 20, 2024
A. Surety may require contractor to engage a
				management construction/risk management company to do, at a minimum, an
				independent take off and review of all low bid projects and advise BAP of their
				findings, this determination shall be made based on the surety's standard
				underwriting procedures. Surety may also require contractor to engage a
				management construction/risk management company to provide the following
				services:
1. review of the initial bond
				request for compatibility of the contractor with the scope of work as outlined
				in the solicitation;
2. job cost
				breakdown and bid preparation assistance;
3. monitor all projects once awarded. This
				will include a full (critical path) reporting throughout the life of the
				contract;
4. funds receipt and
				disbursement through a job-specific account on each project. This will include
				compliance with all lien waivers, releases and vendor payment
				verification;
5. make itself
				immediately available for project completion on any defaults at no additional
				fee to the project cost.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 9 - Small Business Bonding Program › Section II-909 - Underwriting a BAP Guaranteed Bond

Current through Register Vol. 50, No. 6, June 20, 2024
A. In underwriting a BAP guaranteed bond, the
				surety is required to adhere to the surety industry's general principles and
				practices used in evaluating the credit and capacity; and is also required to
				adhere to those rules, principles, and practices as may be published from time
				to time by the BAP.
B. Once an
				application for a bond guarantee/LC is received from a contractor, a review
				will be conducted in order to determine whether the small and emerging business
				is eligible for BAP's surety bond guarantee assistance. This review will focus
				on the presence of a requirement for surety bonds and other statutory
				requirements.
1. Bonds
a. There must be a specific contract amount
				in dollars or obligee estimate of the contract amount, in writing, on other
				than firm fixed price contracts.
b.
				There must be nothing in the contract or the proposed bond that would prevent
				the surety, at its election, from performing the contract rather than paying
				the penalty.
c. BAP, having
				guaranteed the bid bond, may refuse to recommend guarantee of the required
				payment and performance bonds when the actual contract price exceeds the
				original bid and the next higher bid amount. In such an instance, the surety
				would either issue the payment and performance bond without BAP's guarantee, or
				suffer default in fulfilling the bid bond, which should result in claims
				against the surety and surety's claim against BAP.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 9 - Small Business Bonding Program › Section II-913 - Audits

Current through Register Vol. 50, No. 6, June 20, 2024
A. At all
				reasonable times, BAP or designee may audit the office of either a
				participating agency, its attorneys, or the contractor or subcontractor
				completing the contract, all documents, files, books, records and other
				material relevant to the surety bond guarantee commitments. Failure of a surety
				to consent to such an audit will be grounds for BAP to refuse to issue further
				surety guarantees until such time as the surety consents to such audit.
				However, when BAP has so refused to issue further guarantees the surety may
				appeal such action to the Secretary of the Department of Economic Development.
				All appeals must be in writing and delivered by certified mail within 30 days
				of receiving the director's, or designee's written issuance of notice that no
				further guarantees will be issued. Otherwise the director's, or designee's,
				decision becomes final.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:942.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 9 - Small Business Bonding Program › Section II-915 - Ancillary Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				director, with the approval of the undersecretary and assistant secretary, will
				have the authority to commit funds and enter into agreements which are
				consistent with and further the goals of this program. This authority would
				include, but not be limited to, designating a pool of funds upon which only a
				particular surety has recourse to, in the event of a contractor
				default.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:942.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 11 - Promotion of Small and Emerging Businesses › Section II-1101 - Promotion

Current through Register Vol. 50, No. 6, June 20, 2024
A. Directory
1. Compilation. The SEBD Program shall
				compile a directory of all certified SEBs and make it available to the
				businesses and governmental agencies.
2. Frequency of Publication. The directory
				shall be updated at least annually, based upon information provided by
				certified businesses. The SEBD Program may issue updated directories more
				frequently.
3. Volume and
				Distribution. At least one copy of the directory will be made available to each
				state agency and educational institution, and copies will be provided to the
				state library. Additional copies may be made available to the public and
				governmental agencies as SEBD Program's resources permit.
4. Available Information. Public information
				concerning a small and emerging business may be obtained by contacting the
				Small and Emerging Business Development Program staff during normal working
				hours.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 13 - Complaints and Investigations › Section II-1301 - Complaints and Investigation of Ineligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. Right to File Complaint. Any individual,
				firm, or governmental agency which believes that a certified business does not
				qualify for certification may file a written, signed complaint with the SEBD
				Program. The complaint must contain sufficient information for SEBD Program
				staff to conduct an investigation, including specific identification of the
				affected business, basis for the charge of ineligibility, and identification,
				mailing address, and telephone number of the complainant.
B. Right to Due Process. No small and
				emerging business shall be decertified based upon a complaint, without first
				having had an opportunity to respond to the allegations; however, failure of
				the small and emerging business to respond to the SEBD Program's notification
				within 30 calendar days of mailing from the Program may result in revocation of
				certification.
C. Investigative
				Procedure
1. Notification of Allegation. The
				SEBD Program shall notify the certified business which is subject of the
				complaint by certified mail, return receipt requested, of the allegation within
				15 calendar days of the complaint's receipt.
2. Investigation Conducted. Within available
				resources, the SEBD Program shall investigate each complaint as promptly as
				possible. In no event shall the investigation extend beyond 60 calendar days
				from the date that the complaint was received.
3. Cooperation. The small and emerging
				business shall cooperate fully with the investigation and make its staff and
				records available to the SEBD Program, if requested. Insufficient cooperation
				may be grounds for concluding that the firm has not borne the burden of proving
				to the satisfaction of the SEBD Program that it is eligible for certification,
				resulting in revocation of certification.
4. Upon completion of the investigation, the
				SEBD Program's staff shall make a determination and issue a written decision
				which either rejects the complaint or revokes the certification within 10
				working days. A copy of the written decision shall be sent to the firm that was
				subject of the complaint, the complainant, and the director of the SEBD Program
				of State Purchasing.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 13 - Complaints and Investigations › Section II-1303 - Grounds and Procedure for Reconsideration of Denial

Current through Register Vol. 50, No. 6, June 20, 2024
A. Right to Petition. A decision by the SEBD
				Program to deny issuing certification, deny renewal of certification, or to
				revoke certification will be reconsidered after an applicant business has
				submitted a written petition for reconsideration to the staff of the SEBD
				Program.
B. Grounds. Grounds for
				petitioning the SEBD Program to reconsider a denial or revocation of
				certification are that the Small and Emerging Business Development Program:
1. did not have all relevant
				information;
2. misapplied its
				rules;
3. otherwise made an error
				in reaching it original decision.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 1 - Statement of Policy/Legal Basis › Section III-101 - Statement of Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				accordance with the Louisiana Minority Business Enterprise Act of 1984 (R.S.
				39:1951-1969 and 39:1981-1991 and the provisions of the Administrative
				Procedure Act, R.S. 49:950-970 as amended, the Office of the Governor, Office
				of Minority Business Enterprises, hereby adopts the following policies, rules
				and regulations relative to the Minority Business Enterprise Program, to be
				effective April 20, 1985. These regulations are both substantive and technical
				in nature, and are intended to specify the procedure for certification and as
				qualifications for a minority business enterprise; to provide for the effect of
				certification; to establish procedures for setting and attaining goals for
				minority business participation in state procurement activities; to provide for
				contracts requiring minority business participation, and the monitoring of
				agency and institutional contracts; and to establish penalties for interference
				and noncompliance. These regulations apply to all state departments, boards or
				commissions or educational institutions, created by the legislature or
				executive order within the executive branch of state government pursuant to
				Title 36, operating from funds appropriated, dedicated or self-sustaining;
				federal funds; or funds generated from any other source. These regulations do
				not apply to agencies of the judicial or legislative branches of state
				government, except to the extent that procurement or public works for these
				branches is performed by an executive branch agency.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969, R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 5 - Certification Procedures › Section III-501 - Criteria for Minority Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligibility for participation in the
				minority set-aside program of the state is contingent upon certification that
				the minority-owned business or minority business enterprise meets the criteria
				defined in §301. A 1-3 of this Part. It is the responsibility of any minority
				business wishing to participate in the minority set-aside program or otherwise
				to receive minority vendor preference to complete the required certification
				process.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969, R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 5 - Certification Procedures › Section III-503 - Distribution of Certification Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Certification materials will be
				distributed to interested minority vendors upon written or verbal request.
				Written requests for certification materials should be directed to the Office
				of Minority Business Enterprises, Box 94095, Baton Rouge, LA 70804-9095.
				Telephone requests should be directed to that same office at (225) 342-6491
				(linc 421-6491).
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969, R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 5 - Certification Procedures › Section III-505 - Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Companies must
				complete all portions of the certification materials and return them as
				specified in the following Subsections in order to be considered for
				certification under the minority set-aside program.
B. The following documents, plus any
				specified attachments, constitute the certification materials required from
				minority-owned companies interested in providing goods, services, or supplies
				under R.S. 39:1551-1755.
1. Certification
				Resume (Form Number DA 3302: Revised 4/85) which must be completed and returned
				to the Department of Economic Development, Division of Minority and Women's
				Business Enterprise, Box 94185, Baton Rouge, LA 70804-9185. The following
				attachments must accompany the certification resume when it is submitted:
a. legal ownership documents (articles of
				incorporation, partnership agreements, stock ownership/ distribution
				agreements), financial statements of the company which indicate the ownership
				of major assets as well as the principal stockholders in the corporation (stock
				certificates), company balance sheets, federal income (business) tax statements
				for the past three years (or as applicable), state and city licenses (whichever
				applicable,) a copy of the bank signature card for the business, resume of
				corporate shareholders and employees, organizational chart, equipment/building
				ownership and/or rental documents, supplier contract and relationship between
				distributor and prime contractor (if applicable), and any additional legal
				documents that would reflect ownership and control;
b. birth certificates indicating racial
				heritage must be provided for all minority vendors for which certification is
				being sought, regardless of the type of business structure;
c. all information requested on the
				certification resume must be supplied, and the document itself must be
				notarized, as indicated, prior to submittal;
d. a waiver may be requested for documents
				information in §505. B.1.a not applicable to certain business structures when
				accompanied by a justification statement in the application package.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 5 - Certification Procedures › Section III-507 - Submittal of Information Requested

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the responsibility of the applying
				vendor to provide all the information requested on each of the specified
				certification documents. Failure to provide adequate data may result in
				rejection of the application to participate in the minority set-aside
				program.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 5 - Certification Procedures › Section III-509 - Certification Documents Inquiries/Assistance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Minority vendors with questions about the
				certification process and/or the information requirements of the certification
				documents are encouraged to contact the Office of Minority Business Enterprises
				prior to submittal of documents, to obtain assistance that may prevent
				rejection of the certification application.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:195-1969 and R.S.
				  3:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 5 - Certification Procedures › Section III-511 - Notification of Minority Certification Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. Certification of vendors as eligible to
				participate in the minority set-aside program requires the approval of several
				governmental agencies other than OMBE. To enable all governmental entities
				ample time to review each certification request, vendors will be notified by
				OMBE of the certification decision within 20 calendar days from submittal of
				the application materials.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 5 - Certification Procedures › Section III-513 - Disapproval of Minority Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event that a request for
				certification is disapproved, the notification from OMBE will specify the
				reasons for disapproval.
B. Vendors
				may appeal certification disapproval, unless such disapproval is based upon
				verified ineligibility of the vendor as a minority-owned business under the
				Minority Business Enterprises Act. The applicant business vendor must file the
				appeal for reconsideration in writing with OMBE within 30 calendar days of
				mailing of the decision, or the decision shall become administratively final.
				The vendor must specify within the petition for reconsideration the grounds
				upon which an appeal of the decision is justified, and must clearly indicate
				the type of remedy being requested. The request for reconsideration must also
				clearly identify a contact person within the place of business, and may provide
				any additional information which the applicant has to offer which might affect
				the reconsideration decision.
C.
				Upon receipt of a petition for reconsideration, OMBE shall review its original
				decision, any additional information provided by the applicant business, and
				may conduct further investigation as necessary. OMBE shall respond to the
				request within 30 calendar days of receipt of the petition for reconsideration,
				via certified mail, return receipt requested. The response from OMBE shall
				contain specific reason(s) why the disapproval decision has been upheld or
				overturned. In the event that the disapproval is rescinded as the result of an
				appeal, OMBE will, in its decision notification to the vendor, indicate what
				steps must be taken to complete the certification process.
D. A decision to deny certification following
				consideration of a petition for reconsideration is administratively
				final.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39-1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 5 - Certification Procedures › Section III-515 - Verification of Information Submitted

Current through Register Vol. 50, No. 6, June 20, 2024
A. OMBE reserves the right to verify any and
				all information submitted by a vendor on its application materials, in whatever
				manner seems most appropriated by OMBE, including but not limited to on-site
				visits, telephone interviews, or other records research.
B. OMBE further reserves the right to make
				unscheduled visits to the place of business of any vendor participating in the
				Minority Business Enterprises Program, and to conduct interviews with staff or
				otherwise to observe and review the operations of any vendor, for the purposes
				of confirming or verifying minority ownership and/or operational
				control.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 5 - Certification Procedures › Section III-517 - Change in Minority Ownership/Control

Current through Register Vol. 50, No. 6, June 20, 2024
A. Vendors shall notify OMBE immediately in
				writing in the event of any changes in ownership, control or operations which
				might impact continued eligibility of the vendor to participate as a
				minority-owned business. Failure to do so may result in immediate suspension of
				certification or decertification of the vendor and dissolution of any set-aside
				contracts that may have been received during the period of the change. Failure
				to report a change in minority ownership which results in ineligibility of the
				business will result in a fine of not less than $1,000. If the business has
				continued to operate as a minority-owned business and has continued to
				participate inappropriately in the minority set-aside program, a fine of not
				less than $5,000 and immediate decertification shall result.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 5 - Certification Procedures › Section III-519 - Application Denied or Withdrawn

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant which has withdrawn its
				application or whose application has been denied, may file a new application
				only if there has been a change in ownership, control or organization of the
				business. No business may file more than two applications in any calendar
				year.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 5 - Certification Procedures › Section III-521 - Liability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Certification as
				a minority business enterprise does not constitute compliance with any other
				laws or regulations (including contractor registration or prequalification
				requirements), and does not relieve any firm of its obligations under other
				laws or regulations. Certification as a minority business enterprise also does
				not constitute any determination by the Office of Minority Business Enterprises
				that the firm is responsible or capable of performing any work.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 5 - Certification Procedures › Section III-523 - Exceptions to Vendor Certification Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner of administration, upon
				the recommendation of the executive director of OMBE, may waive in writing the
				small business portion of the certification requirements, so that a
				minority-owned business meeting all other certification criteria may
				participate in the set-aside program or otherwise obtain minority preferences.
				Such determination shall be made on a case-by-case basis, and prior written
				approval of the commissioner must be obtained before the vendor shall be deemed
				eligible for certification.
B. When
				a federal requirement that is a prescribed condition for allocation of federal
				funds to the state of Louisiana sets forth criteria for certification which are
				in conflict with those in these rules, then a business which is not otherwise
				certified for participation in the minority business enterprise program, but
				meets the particular federal criteria, shall be certified as a minority
				business enterprise for the particular projects(s) funded under those
				requirements, upon submittal to the Office of Minority Business Enterprise of
				sufficient documentation to show that said business meets the federal
				criteria.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 7 - Recertification Procedures › Section III-701 - Annual Recertification

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Certification to participate in the women's set-aside program shall be valid
				for one calendar year. Thirty days prior to expiration of any woman-owned
				business certification, DMWBE will notify the firm that recertification has
				become due.
B. Vendors wishing to
				participate in the women's set-aside program must submit a notarized Affidavit
				of Recertification, which may be obtained from DMWBE, along with any other
				missing documents according to the provisions specified in LAC 19:I.303.B and
				C.
C. It is the responsibility of
				the business owner to notify the office in writing of any changes in ownership
				or location of the business or telephone number during the certification
				calendar year, which begins on the date of certification.
D. Changes in commodities or services for
				which the vendor wishes to receive bids must be submitted via letter from the
				vendor to both State Central Purchasing and DMWBE.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1735.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 7 - Recertification Procedures › Section III-703 - Failure to Recertify

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Women business enterprises which make no effort at recertification as of one
				month from the recertification notification date shall be deleted from the
				active vendor files and shall be ineligible to participate in the state
				programs for women business owners and/or any set-aside awards until such time
				as recertification has been completed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1735.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 9 - Complaints Concerning Certified Vendors › Section III-901 - 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 minority business enterprise does not qualify under the
				standards of eligibility for certification may file a written, signed complaint
				with the Office of Minority Business Enterprises. Such complaints must contain
				sufficient information for the office 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 complaint.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 9 - Complaints Concerning Certified Vendors › Section III-903 - Investigation of Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Within available resources, OMBE shall 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. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 9 - Complaints Concerning Certified Vendors › Section III-905 - Notification of Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. OMBE
				shall notify the subject minority-owned business 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. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 9 - Complaints Concerning Certified Vendors › Section III-907 - Response to Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				minority business enterprise shall be decertified based upon a complaint,
				without first having an opportunity to respond to the complaint; however,
				failure of the minority-owned business to respond to notification of the
				complaint within 20 calendar days of mailing from OMBE may result in suspension
				of certification or decertification.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 9 - Complaints Concerning Certified Vendors › Section III-909 - Cooperation in Complaint Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The minority business enterprise shall
				cooperate fully in any complaint investigation, and shall make its staff and/or
				records available to assist OMBE in its investigations as necessary.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 9 - Complaints Concerning Certified Vendors › Section III-911 - Temporary Suspension

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				director of OMBE may suspend the certification of the affected minority
				business enterprise 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 suspensions
				shall last not more than 60 calendar days.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 9 - Complaints Concerning Certified Vendors › Section III-913 - Complaint Investigation Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon completion of the investigation, the
				director of OMBE shall issue a written decision, either rejecting the complaint
				or revoking certification of the minority business enterprise. The written
				decision shall be distributed to both the minority business enterprise involved
				and to the complainant.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 11 - Decertification Procedures › Section III-1101 - Certification Denied

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Decisions by OMBE to deny certification, deny renewal of certification, or to
				revoke certification will be reconsidered upon submittal by the applicant
				business of a written petition for reconsideration on the following grounds:
1. the Office of Minority Business
				Enterprises did not have all relevant information;
2. the Office of Minority Business
				Enterprises misapplied its rules; or
3. the Office of Minority Business
				Enterprises otherwise made an error in reaching its original
				decision.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 11 - Decertification Procedures › Section III-1103 - Petition for Reconsideration

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Such petitions for reconsideration must be received by OMBE within 30 calendar
				days of mailing of the original decision, or the decision becomes
				administratively final. The reconsideration appeal must contain specific
				information on why the decision is believed to be in error, and must specify
				the remedy being sought by the applicant business. In addition, the
				reconsideration appeal must identify a contact person within the firm and must
				supply any additional information which the applicant has to offer.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 11 - Decertification Procedures › Section III-1105 - Petition Reconsidered or Reviewed by OMBE

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of a petition for
				reconsideration, OMBE shall review its original decision, plus any additional
				information provided by the applicant, and may conduct further investigations
				as necessary OMBE shall respond to the request for reconsideration within 30
				calendar days of receipt of the petition for reconsideration, via certified
				mail, return receipt requested. The response shall contain specific reason(s)
				why the decision has been upheld or overturned.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 11 - Decertification Procedures › Section III-1107 - Decision of Reconsideration Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A. A decision to deny, revoke, or suspend
				certification following consideration of a petition for reconsideration is
				administratively final.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 13 - Minority Participation in State Procurement Activity › Section III-1301 - Establishment of Annual Goals for Agencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The director of the Office of Minority
				Business Enterprises, with the concurrence of the commissioner of
				Administration, shall establish overall annual goals for participation by
				certified minority businesses in the procurement of all goods and services by
				each state agency, based upon the estimated expenditures by category in the
				budget request documents. These goals shall be in the form of overall annual
				percentages of expenditures which are expected to be awarded to certified
				minority businesses. The annual period shall be the fiscal year. The overall
				annual goals will be adopted by OMBE each year not later than June 15, and
				shall be distributed to the head of each agency and educational institution on
				or before June 30 of each year.
B.
				Upon receipt of the annual goal from OMBE, agencies shall have 15 calendar days
				in which to respond to OMBE with suggested revisions to the established annual
				target percentage.
C. Within 15
				calendar days of date of agency submittal, OMBE shall establish a new annual
				target percentage or reconfirm the percentage established for the
				agency.
D. The director of OMBE
				shall review the overall annual goal for each agency and educational
				institution at the conclusion of each fiscal year, and with the concurrence of
				the commissioner of administration shall establish the goal for the upcoming
				year. In no case shall the goal exceed 10 percent of the estimated annual
				expenditures for goods and services. Factors to be considered in establishing
				the new goal shall include the number of certified minority businesses, the
				success of the agency in attaining the goals over the past year, the population
				of minorities within the state as a whole, and such other relevant information
				as may be available.
E. The annual
				overall goals of each state agency for the period from September 1, 1984
				through June 30, 1985, shall be 10 percent minority owned business
				participation in the procurement of all goods and services.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 15 - Designation and Setting-Aside of Procurement Activities for Minority-Owned Business Participation › Section III-1501 - Identification of Goods and Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. All governmental bodies, in preparation of
				the annual plan, shall identify those goods and services which are eligible for
				inclusion in the minority-owned business set-aside program. For agencies on
				FACS, the State Central Purchasing Office of the Division of Administration
				shall compile this information on procurement of Chapter 17 goods and services
				through its Contracts Management System, and shall forward this data to each
				state agency for inclusion in the annual plan.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 15 - Designation and Setting-Aside of Procurement Activities for Minority-Owned Business Participation › Section III-1503 - Publication of Minority Business Directory

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of Minority Business
				Enterprises, in cooperation with the business development agencies throughout
				the state and the Small Business Administration, shall identify, through the
				certification process described in these rules, minority-owned businesses
				interested in participating in the set-aside program. Information generated
				from the certification process shall be compiled by OMBE in the form of a
				Minority-Owned Business Directory as described in Chapter 23 of this Part. OMBE
				will forward this directory to purchasing agents in each state agency for use
				in determining categories or classes of contracts to be set-aside for minority
				business participation. In addition, such data shall be stored on the computer
				utilized by the State Central Purchasing Office, to allow for access and
				retrieval for the purposes of identifying prospective bidders and soliciting
				competitive bids for Chapter 17 procurement activities.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 15 - Designation and Setting-Aside of Procurement Activities for Minority-Owned Business Participation › Section III-1505 - Minority Business Directory Usage

Current through Register Vol. 50, No. 6, June 20, 2024
A. The State Central Purchasing Office and
				the individual departments shall refer to the Minority-Owned Business Directory
				and the computer listing of minority-owned businesses identifying prospective
				vendors and areas of potential set-asides during the solicitation of
				procurement activity.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 15 - Designation and Setting-Aside of Procurement Activities for Minority-Owned Business Participation › Section III-1507 - Goods, Services and Public Works Set-Aside

Current through Register Vol. 50, No. 6, June 20, 2024
A. All governmental entities shall designate
				as set-asides sufficient purchases of goods, services, and public works, for
				exclusive participation by minority-owned businesses, to attain the established
				annual target goal. For Chapter 17 procurements by agencies on FACS, such
				designation may be made on a class of contracts/commodities basis to the State
				Central Purchasing Office at the beginning of each fiscal year, so that all
				purchases for that commodity/class of commodities will be set-aside for
				minority participation. Alternatively, agencies may elect to make such
				designations on a contract by contract basis throughout the year, based upon
				their individual progress towards attainment of the annual goal.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 15 - Designation and Setting-Aside of Procurement Activities for Minority-Owned Business Participation › Section III-1509 - Applicable Laws

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				procedures for procurement of goods and services from minority-owned
				businesses, including the solicitation of bids and/or requests for proposals,
				shall be made in accordance with all applicable laws.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 15 - Designation and Setting-Aside of Procurement Activities for Minority-Owned Business Participation › Section III-1511 - Bid Identified as Set-Aside

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purchases made through State Central
				Purchasing, the agency for whom the purchase is being made shall clearly label
				the request for issuance of an invitation to bid as a "minority business
				set-aside." State Central Purchasing shall then proceed to advertise the bid as
				a minority set-aside on behalf of the requesting agency.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.