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Definitions And Classes Of Contractual Services
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- 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 to represent the Department of Economic Development in such
foreign country.
- 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 including, which
independent contractor shall include, but not be limited to lawyers,
doctors, dentists, veterinarians, architects, engineers, landscape
architects, accountants 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 $50,000
or more, the definition of "professional service" shall be limited to
lawyers, doctors, dentists, veterinarians, architects, engineers,
landscape architects, accountants, claims adjusters, and any other
profession that may be added by regulations adopted by the Office of
Contractual Review of the Division of Administration.
- 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 and services, including
but not limited to such areas as management, personnel, finance,
accounting, planning, data processing and advertising contracts, except
for printing associated therewith.
- 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 following objectives:
1. Rehabilitation and Health Support
2. Habilitation and Socialization
3. Protection for Adults and Children
4. Improvement of Living Conditions and Health
5. Evaluation, Testing and Remedial Educational Services for Exceptional
Handicapped or Learning Disabled Nonpublic School Students.
- PERFORMANCE-BASED ENERGY EFFICIENCY CONTRACT means a contract for energy
efficiency services and equipment in which 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 contract.
Any state agency, board, or commission may enter into a performance-based
energy efficiency contract for services and equipment. Any such agency,
board, or commission shall contact the Division of Administration for
assistance in preparation of the requests for proposals, analysis of the
proposals, and development of the contract. The contract shall be
considered a consulting services contract.
Performance-based energy efficiency contracts shall be awarded through a
request for proposal process. Any performance-based energy efficiency
contract entered into shall be for a period not to exceed 20 years and
shall contain a guarantee of energy savings.
- INTERAGENCY CONTRACTS between governmental entities as defined in R.S.
39:1484(23) for any of the services enumerated in A, B, C, D, or E above
shall be governed by these regulations, except that contracts between
boards of higher education and their respective institutions shall be
exempt.
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