§ 39:1958 — Reporting enterprise participation

NOTE: This provision of law was included in the Unconstitutional Statutes
Biennial Report to the Legislature, dated March 14, 2016 .
§1958. Reporting enterprise participation
A. Each state agency and educational institution shall report to the
division and the Louisiana Commission on Human Rights the participation of
enterprises in the public works and procurement contracts executed by the state
agency or educational institution. The report shall be made on a quarterly
basis and on an annual basis. The reports should designate contracts
individually or by class according to the state agency's or educational
institution's designation in its annual set-aside plan. Each contract or class of
contracts may be further described by assigned computer code. In addition, a
report of participation and compliance shall be submitted to the House
Committee on Appropriations and the Senate Committee on Finance prior to
April first of each year.
B. Participation by enterprises should be reported both when the
contract is awarded and when the money is disbursed. For contracts for
procurement of goods and services, the disbursement should be reported in the
quarter in which it is made. For public works contracts, disbursement of funds
under all contracts completed in the quarter should be reported. When the
performance under a contract extends beyond the fiscal year in which it is
awarded, the contract shall be counted toward the state agency's or educational
institution's overall annual goal for the year in which it is awarded.
C. Determination of enterprise participation toward meeting a state
agency's or educational institution's overall annual goals shall be as follows:
(1) When a contract is awarded in its entirety to an enterprise, one
hundred percent of the payments on the contract shall be counted toward the
overall annual goal attainment.
(2) When a contract is awarded to an enterprise prime contractor, one
hundred percent of the total contract value shall be counted toward the overall
annual goal attainment.
(3) When only a part of the contract is performed by an enterprise, the
dollar value of only that percentage of the total contract performed by the
enterprise shall be counted toward the overall annual goal attainment.
(4) When a contract is awarded to a joint venture that includes an
enterprise that is responsible for performance of a clearly defined portion of
the work, the dollar value on a percentage basis of the enterprise's portion of
the work shall be counted toward the overall annual goal attainment.
(5) When an enterprise that has been awarded a contract is decertified
after award or has indicated after award that it is unable or unwilling to
perform the contract, the state agency or educational institution shall not count
the enterprise participation toward its overall annual goal attainment.
(6) When an enterprise is decertified after it has begun to perform the
work, only the percentage of the work performed by the enterprise before the
decertification shall be counted toward the overall annual goal attainment.
(7) When a change order is executed, the total dollar value of a contract
used for the attainment of a state agency's or educational institution's overall
annual goal may be increased or decreased to reflect the change order.

Legislative History

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