Louisiana § RS 38:342 - Certain levee boards; authority for set-aside procurement from small businesses

§ RS 38:342. Certain levee boards; authority for set-aside procurement from small businesses

A.  Notwithstanding any other provision of law, the levee board of any parish having a population in excess of four hundred seventy-five thousand according to the latest regular federal census for which the official figures have been made public is hereby authorized and empowered for each fiscal year to designate and set aside for awarding to small businesses, excluding construction, as defined in R.S. 39:1732, an amount equal to at least ten percent of the value of budgeted local procurement of goods and services.  

B.(1)  The levee boards may for each fiscal year designate and set aside for awarding to small businesses an amount not to exceed ten percent of the value of budgeted total procurement of goods and services, excluding construction.  The procurements so designated shall be divided into contract award units of economically feasible production runs in order to facilitate offers or bids from small businesses.  In making the annual designation of set-aside procurements, an attempt shall be made to vary the included procurements so that a variety of goods and services produced by different small businesses may be set aside each year.  The failure to set aside particular procurements shall not be deemed to prohibit or discourage smaller businesses from seeking the procurement award through the normal solicitation and bidding processes.  

(2)  Prior to implementing the foregoing, each affected levee board shall establish a contract procedure for the awarding of a procurement contract under the set-aside program that shall take into consideration the production and financial capacity and technical competence of such business.  

(3)  Before making a set-aside award, an evaluation shall be made to determine whether the small business scheduled to receive the award is able to perform the set-aside contract.  

(4)  At least ten percent of the value of the procurements designated for set-aside awards shall be awarded, if possible, to businesses, owned and operated by socially or economically disadvantaged persons.  In the event small businesses owned and operated by socially or economically disadvantaged persons, as defined in R.S. 39:1732(4), are unable to bid or fulfill at least ten percent of the set-aside awards, then the balance of the set-aside contracts shall be awarded to other small businesses.  

(5)  At least ten percent of the value of the procurement contracts designated for set-aside awards shall be awarded, if possible, to businesses owned and operated by women, as defined in R.S. 39:1732(5).  In the event small businesses owned and operated by women are unable to bid or fulfill at least ten percent of the set-aside award contracts, then the balance of the set-aside contracts shall be awarded to other small businesses.  

(6)  All laws and rules pertaining to solicitations, bid evaluations, contract awards, and other procurement matters shall apply to procurements set aside for small businesses.  

C.  In order to implement the provisions hereof, each affected levee board shall adopt rules, standards, and procedures for certifying that small businesses, small businesses owned and operated by socially or economically disadvantaged persons, and small businesses owned and operated by women are eligible to participate under the requirements of this Section.  The procedure for determination of eligibility may include self certification by a business, provided that the board retains the ability to verify a self certification.  Other rules as may be necessary to carry out the duties set out in this Section may also be adopted.  

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 1991, No. 289, §11.