La. Admin. Code tit. 19 § III-1303

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-1303 - Preparation by Agencies of Annual Plan for Attainment of Annual Goal

A. On an annual basis, each state agency shall formulate a plan for setting aside particular contracts or classes of contracts for award to minority-owned businesses, in a total dollar amount sufficient to attain its overall annual goal in the procurement of goods and services.

B. The annual plan must include Form DA 6201 and must be filed with the Office of Minority Business Enterprises by July 30 of each year.

C. The annual minority set-aside plan prepared by each state agency shall include, but not be limited to, the following information:

1. a narrative statement, affirming that the agency or institution is committed to the use of minority business enterprises in procurement of goods and/or services to the maximum extent possible;

2. a narrative description of the method used to encourage minority business enterprise participation in the public works and procurement contracting process of the agency;

3. a summary forecast, by expenditure category, itemizing the annual fiscal year plan amounts calculated by the agency from application of its annual goal. This summary forecast shall be submitted on Form DA 6201. This form may be ordered from the Forms Management Office within the Division of Administration:

a. the following general categories or expenditures shall be included by each agency in its calculation of the fiscal year base:

i. all estimated expenditures in the supplies category;

ii. all estimated expenditures in the acquisitions category;

iii. the segment of estimated expenditures within the category of professional services that is governed by the provisions of R.S. 39:1481 et seq.;

iv. those portions of estimated expenditures within the category of operating services that are governed by Chapters 16 and 17 of Title 39 of the Revised Statutes of 1950;

b. examples of goods or services that may not be included in establishment of the base include salaries and related benefits, postage, interagency expenditures, insurance, procurement of data processing hardware, and off-the-shelf software, contracts for fiscal intermediary services, payment for utility services, travel, printing services, interns or resident contracts, contracts for advertisements in connection with bidding requirements, or other items justified by the agency and approved for exclusion by OMBE. In any event, professional services shall include only those contracts which involve independent contractor relationships;

4. a forecast of the contracts to be set-aside for award by the agency to minority-owned businesses, including estimated monetary value involved (if known,) the number and types of contracts to be awarded, and the expected solicitation dates;

5. a narrative description of the participation requirements of minority business enterprises in each contract or class of contract expected to be awarded during the coming fiscal year;

6. a statement of the method by which records of minority business enterprise participation in the contracting records of the agency will be kept, and a description of the method the agency or institution will use to achieve the overall annual goals;

7. a narrative description of the method the state agency will use to require compliance by bidders for its contracts with applicable minority business enterprise participation requirements.

D. The head of each department shall certify that the information contained in the annual plan is correct, to the best of his/her knowledge, at the time of submittal.

E. In the event that the agency changes its plan to fulfill its assigned minority percentages, a new minority business annual plan (Form DA 6201) shall be submitted. This new plan shall be clearly labeled as an updated plan, and shall supersede any plan previously submitted for that agency.

La. Admin. Code tit. 19, § III-1303

Promulgated by the Office of the Governor, Division of Administration, Office of Minority Business Enterprises, LR 11:345 (April 1985).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1951-1069 and R.S. 39:1981-1991.