2012 Louisiana Laws
Revised Statutes
TITLE 39 — Public finance
RS 39:1484 — Definitions and objectives

SUBPART C. DEFINITIONS OF TERMS USED IN THE CODE

§1484. Definitions and objectives

A. When used in this Chapter, the words defined in this Section shall have the meanings set forth below unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular Part or provision:

(1) "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.

(1.1) "Claims adjuster" means an individual engaged in the investigation, evaluation, and negotiation of property, casualty, and worker's compensation insurance claims.

(2) "Competitive bidding" means to advertise and award a contract to the lowest responsible bidder in accordance with R.S. 39:174 et seq. and R.S. 38:2211 et seq. as applicable.

(3) "Competitive negotiation" means to negotiate for a contract through a Request for Proposal (R.F.P.) process or any other similar competitive selection process.

(4)(a) "Consulting service" means work, other than professional, personal, or social service, rendered by either individuals or firms who possess specialized knowledge, experience, and expertise to investigate assigned problems or projects and to provide counsel, review, design, development, analysis, or advice in formulating or implementing programs or services, or improvements in programs or services, including but not limited to such areas as management, personnel, finance, accounting, planning, data processing, and advertising contracts, except for printing associated therewith.

(b) The term "consulting service" includes the procurement of supplies and services by a contractor without the necessity of complying with provisions of the Louisiana Procurement Code when such supplies and services are merely ancillary to the provision of consulting services under a contingency fee arrangement, even though the procurement of such supplies or services directly by a governmental body would require compliance with the Louisiana Procurement Code. Supplies or services ancillary to the provision of consulting services are those supplies or services which assist the contractor in fulfilling the objective of his contract when the cost for such supplies and services is less than the cost of providing consulting services, as determined by the using agency.

(5) "Contract" means every type of state agreement, including orders and documents purporting to represent grants, which are for the purchase or disposal of supplies, services, construction, or any other item. It includes awards and notices of award; contracts of a fixed price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders, and letter contracts. It also includes contract modifications with respect to any of the foregoing.

(6) "Contract modification" means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of the existing contract, whether accomplished by unilateral action in accordance with a contract provision, or mutual action of the parties to the contract. It includes bilateral actions, such as supplemental agreements, and unilateral actions, such as administrative changes, notices of termination, and notice of the exercise of a contract option.

(7) "Contractor" means any person having a contract with a governmental body.

(8) "Data" means recorded information, regardless of form or characteristic.

(9) "Designee" means a duly authorized representative of a person holding a superior position.

(10) "Employee" means an individual drawing a salary from a governmental body, whether elected or not, and any nonsalaried individual performing personal services for any governmental body.

(11) "Governmental body" means any department, commission, council, board, office, bureau, committee, institution, agency, government, corporation, or other establishment of the executive branch of this state.

(11.1) "Governmental entity" means any governmental unit which is not included in the definition of "governmental body" in R.S. 39:1484(11).

(12) "Grant" means the furnishing by the state of support, whether financial or otherwise, to any person for assistance in carrying out a program authorized by law. It does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services, or construction; an agreement resulting from such an award is not a grant but a procurement contract.

(13) "Negotiation" means the formulation of a contractual relationship by either of the methods set forth in Sections 1494, 1495, and 1496 of this Chapter.

(14) "Performance-based energy efficiency contract" means a contract for energy efficiency services and equipment in which the payment obligation for each year of the contract is either:

(a) Set as a percentage of the annual energy cost savings attributable to the services or equipment under the contract, or

(b) Guaranteed by the person under contract to be less than the annual energy cost savings attributable to the services or equipment under the contract.

(15) "Person" means any business, individual, union, committee, club, firm, corporation, or other organization or group of individuals.

(16) "Personal service" means work rendered by individuals which requires use of creative or artistic skills, such as but not limited to graphic artists, sculptors, musicians, photographers, and writers, or which requires use of highly technical or unique individual skills or talents, such as but not limited to paramedicals, therapists, handwriting analysts, foreign representatives, and expert witnesses for adjudications or other court proceedings. A "foreign representative" shall mean a person in a foreign country whose education and experience qualify such person to represent the state in such foreign country.

(17) "Procurement" means the purchasing, buying, or otherwise obtaining of any professional, personal, consulting, or social service, or any combination of these services. It also includes all functions that pertain to the obtaining of any professional, personal, consulting, or social service, including description of requirements, selection and solicitation of sources, preparation, award of contract, and all phases of contract administration.

(18)(a) "Professional service" means work rendered by an independent contractor who has a professed knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, which independent contractor shall include but not be limited to lawyers, doctors, dentists, psychologists, certified advanced practice nurses, veterinarians, architects, engineers, land surveyors, landscape architects, accountants, actuaries, and claims adjusters. A profession is a vocation founded upon prolonged and specialized intellectual training which enables a particular service to be rendered. The word "professional" implies professed attainments in special knowledge as distinguished from mere skill. For contracts with a total amount of compensation of fifty thousand dollars or more, the definition of "professional service" shall be limited to lawyers, doctors, dentists, psychologists, certified advanced practice nurses, veterinarians, architects, engineers, land surveyors, landscape architects, accountants, actuaries, claims adjusters, and any other profession that may be added by regulations adopted by the office of contractual review of the division of administration.

(b) For the period beginning July 1, 2008, and ending June 30, 2009, "professional service" shall include work rendered by an educational consultant which is procured by the Department of Education through a contract which has a maximum amount of compensation of two hundred fifty thousand dollars and a term of no longer than twelve months. Regardless of the number of contracts, the aggregate total compensation to be paid to any contractor for contracts authorized pursuant to this Subparagraph shall not exceed two hundred fifty thousand dollars. Any contract entered into pursuant to this Subparagraph shall contain specific measurable objectives and goals for achievement, and shall be available for public inspection for a period of at least thirty days prior to the execution of the contract. For purposes of this Subparagraph "educational consultant" shall mean a person who holds an earned doctorate degree in education from a postsecondary institution accredited by a regional accrediting organization which is recognized by the United States Department of Education. The provisions of this Subparagraph shall be null, void, and of no effect on July 1, 2009.

(19) "Purchasing officer" means any person authorized by a governmental body, in accordance with procedures prescribed by rules and regulations, to enter into and administer contracts and make written determinations and findings with respect thereto. The term also includes an authorized representative acting within the limits of authority.

(20) "Request for proposal" means an official solicitation for proposals to supply any service that would be subject to the provisions of this Chapter.

(21) "Services" means the rendering, by a contractor, of its time and effort, rather than the furnishing of a specific end product, other than reports which are merely incidental to the required performance of services.

(22) "Social service" means work rendered by any person, firm, corporation, organization, governmental body, or governmental entity in furtherance of the general welfare of the citizens of Louisiana, including but not limited to the objectives provided for in Subsection B of this Section.

(23) "Supplemental agreement" means any contract modification which is accomplished by the mutual action of the parties.

(24) "Using agency" means any governmental body of the state which utilizes any professional, personal, consulting, and social services.

(25) "Written" or "in writing" means the product of any method of forming characters on paper, other materials, or viewable screen, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored.

B.(1) Rehabilitation and health support include services rendered by a contractor with special knowledge or service available to assist individuals attain or maintain a favorable condition of physical and mental health. These services include but are not limited to:

(a) Health-related counseling.

(b) Alcohol or drug abuse training and treatment.

(c) Training to support emergency medical services.

(d) Services to support family planning.

(e) Counseling, delinquency prevention.

(f) Genetic disease evaluation and counseling.

(g) Community-based medical support services.

(h) Evaluation and training for physically/mentally handicapped.

(i) Other services in support of same.

(2) Habilitation and socialization include services rendered by a contractor with special knowledge to assist specified client groups to enhance their self-sufficiency or alleviate their dependency or isolation from the community. These services include but are not limited to:

(a) Day care.

(b) Work and training.

(c) Early intervention for the mentally retarded, developmentally delayed, or physically handicapped.

(d) Transportation for service access.

(e) Homemaker, home management, and housing improvement services.

(f) In-home and out-of-home respite care.

(g) Socialization services for low income and other special needs groups.

(h) Nursing home ombudsman.

(i) Nutritional, employment, case management, senior center activities, or other services to aid independent living by the elderly.

(j) Training and community planning services for same.

(3) Protection for adults and children include services rendered by a contractor to provide therapeutic intervention for adults or children who are in danger or threatened with danger of physical or mental injury, neglect, maltreatment, extortion, or exploitation, including victims of family violence. These services include but are not limited to:

(a) Community planning for neglect/abuse.

(b) Adoption.

(c) Substitute care.

(d) Education and training.

(e) Crisis intervention type services.

(f) Emergency shelter for victims of rape/family violence or services in support of same.

(g) Training and evaluation services for same.

(4) Improvement of living conditions and health include services rendered by an authorized contractor with special knowledge or services available to assist individuals to attain or maintain favorable conditions in which to live. These services include but are not limited to:

(a) Distribution of foodstuffs either purchased or that are made available from government-owned commodities.

(b) Determining the needs of the poor, and development of programs to distribute the available resources.

(c) Determining the needs of the poor and identifying programs to alleviate these poverty conditions.

(d) Providing services to respond to the educational/employment needs of eligible individuals in the communities needing these services. The primary purpose of this service is to provide the participating individuals with the skills necessary for them to advance socially, academically, and occupationally.

(e) Providing training and evaluation of services for any of the above services.

(5) Evaluation, testing, and remedial educational services for exceptional handicapped or learning disabled nonpublic school students include services rendered by a contractor with special knowledge or services available to provide special educational and related services for exceptional or handicapped students voluntarily enrolled in approved nonpublic schools of Louisiana who are not otherwise provided with such services through either their local school program or through other services afforded to them by local school boards or other public agencies. These services include but are not limited to:

(a) Identification, assessment, appraisal, and evaluation of exceptional or handicapped children.

(b) Development of individualized educational programs.

(c) The providing of instructional and supportive services to such eligible students in accordance with the provisions of R.S. 17:1941, et seq. and P.L. 94-142 and their regulations.

Added by Acts 1978, No. 772, §1. Amended by Acts 1982, No. 244, §1; Acts 1983, No. 291, §1, eff. June 30, 1983; Acts 1983, No. 290, §1; Acts 1985, No. 673, §1; Acts 1987, No. 762, §1; Acts 1989, No. 617, §1; Acts 1989, No. 757, §1; Acts 1990, No. 270, §1; Acts 1990, No. 325, §1; Acts 1997, No. 553, §1; Acts 1999, No. 1155, §1, eff. July 9, 1999; Acts 1999, No. 1164, §2; Acts 2001, No. 869, §1, eff. July 1, 2001; Acts 2004, No. 433, §1, eff. Oct. 1, 2004; Acts 2008, No. 917, §1, eff. July 11, 2008.