La. Admin. Code tit. 70 § XIX-115

Current through Register Vol. 50, No. 11, November 20, 2024

Section XIX-115 - Goals

A. It is the department's intent to establish and maintain meaningful and effective goals which take into consideration:

1. goal levels required or recommended by law, regulation or other applicable authority;

2. availability, capability and resources of SDBE's in the state;

3. opportunities for SDBE involvement provided by the particular types of department projects;

4. anticipated increase and growth of SDBE activity resulting from new policies and procedures.

B. The department's goals will be set high enough to require systematic and sustained effort toward achievement. At the same time, the goals set by the department will not be so optimistically and/or unrealistically high as to make them meaningless or beyond the range of credibility.

1. The department's goals will attempt to achieve a consistency of SDBE involvement:

a. throughout the state rather than in a selected geographic concentration;

b. throughout the year; and

c. according to the availability of SDBE's to respond to advertisements for projects.

2. Individual construction goals are assigned by the CST.

C. Public Notice of Goals

1. DOTD upon adopting SDBE goals and upon any substantial revision of such goals, will publish a notice in the official journal and in such general circulation media, minority-focus media and trade organization publications as deemed effective in giving widespread notice to persons having interest in the department's projects.

2. The notice will inform the public that the goals and a description of how they were selected are available for inspection during normal business hours at DOTD Headquarters, 1201 Capitol Access Road, Baton Rouge, LA, for 30 days following the date of the notice and that the department will accept comments on the goals for 45 days from the date of notice. The notice will give the address to which comments may be sent and will state the comments are for informational purposes only.

D. Counting and Crediting SDBE Participation Goals

1. SDBE subcontract participation will be counted and credited toward attainment of contract goals on the basis of the total subcontract price(s) agreed to between the bidder and the subcontractor for the contract item(s) or portion(s) of items being sublet as reflected on Form CS-6AAA.

2. Only DOTD certified SDBEs may be utilized in fulfillment of contract SDBE goals.

3. The total dollar value of a contract or subcontract awarded a SDBE is counted toward fulfillment of the contract goal provided the business performs a commercially useful function in the work of the contract.

4. A contractor may count toward its SDBE contract goal those expenditures for materials and supplies obtained from SDBE suppliers and manufacturers.

5. Capital expenditures for tools, equipment, vehicles, field office furniture and similar property items may be creditable toward contract goals if approved by the compliance programs section in advance.

6. Expenditures for materials and supplies obtained for use in the contractor's general operations are not creditable in whole or part toward contract goals. Examples in this category are: stationary, office supplies, janitorial supplies, etc.

7. Expenditures for lease of SDBE equipment for exclusive use on the project may be counted toward SDBE goals with prior approval of the compliance programs section.

La. Admin. Code tit. 70, § XIX-115

Promulgated by the Department of Transportation and Development, LR 19:507 (April 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:234(C).