§ 39:1957 — Attainment of goals; affidavit of uncertified business; penalty; waiver

Louisiana § 39:1957

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

NOTE: This provision of law was included in the Unconstitutional Statutes
Biennial Report to the Legislature, dated March 14, 2016 .
§1957. Attainment of goals; affidavit of uncertified business; penalty; waiver
A. A contract awarded by a state agency or educational institution to
an enterprise may be applied toward the attainment of its overall annual goals
if the enterprise was certified under the provisions of this Chapter at the time
of the submission of bids, or of proposals if competitive bidding is not utilized.
An enterprise shall be certified at the time of contract award if the contract was
negotiated and not competitively awarded. A contract awarded by a state
agency or educational institution to an uncertified business may be applied
toward the attainment of a state agency's or educational institution's overall
annual goals if the business files a sworn affidavit with the division attesting
that it is a minority-owned business or a women's business enterprise and that
it meets the requirements for certification under the provisions of this Chapter.
B. The commissioner of administration shall provide a method on all
contract-award documents by which the successful contractor, if not previously
certified by the division, may by sworn affidavit attest to its status as a
minority-owned business or a women's business enterprise. The affidavit shall
not be construed as an application for certification for purposes of qualifying
for participation under the set-aside program or for obtaining a preference
under the provisions of this Chapter.
C. Any person, business, firm, or corporation that falsely attests that it
is a minority-owned business or a women's business enterprise or that it meets
the requirements for certification under the provisions of this Chapter shall be
subject to the penalties provided for in this Chapter.
D. The commissioner of administration may waive the certification
requirements for an enterprise that does not meet the requirements of a small
business as defined in this Chapter.

Legislative History

Acts 1984, No. 653, §1, eff. July 1, 1984; Acts 1992, No. 797, §2, eff. July 1, 1992.