§1952. Definitions

            Unless the context requires otherwise, the following words shall have the following meanings:

            (1) “Certification” means verification that a business qualifies for designation as a minority business enterprise or a women’s business enterprise.

            (2) “Class of contract basis” means an entire group of contracts having a common characteristic.

            (3) “Commercially useful function” means being responsible for execution of a contract or a distinct element of the work under a contract by actually performing, managing, and supervising the work involved.

            (4) “Contract” means all types of state agreements, regardless of what they may be called, for the purchase of goods or services, for construction of major repairs, or for public works. “Contract” includes the following:

            (a) Awards and notices of award.

            (b) Contracts of a fixed price, cost, cost-plus-a-fixed-fee, or incentive types.

            (c) Contracts providing for the issuance of job or task orders.

            (d) Leases.

            (e) Letter contracts.

            (f) Purchase orders.

            (g) Any supplemental agreements with respect to (a) through (f) of this Paragraph.

            (5) “Contract-by-contract basis” means a single contract within a specific class of contracts.

            (6) “Contracting bases” means the dollar amount of contracts for public works and procurement of goods and services awarded by a state agency or educational institution during a fiscal year.

            (7) “Contractor” means a party who enters into a contract with a state agency or educational institution or a subcontractor or sublessee of such a party.

            (8) “Division” means the division of minority and women’s business enterprise.

            (9) “Educational institution” means a state university, vocational institution, or any other state-supported educational institution.

            (10) “Enterprise” means a minority business enterprise or a women’s business enterprise.

            (11) “Executive director” means the executive director of the division of minority and women’s business enterprise.

            (12) “Goods or services” means all purchases for supplies or services made under Chapters 16 and 17 of Title 39 of the Louisiana Revised Statutes of 1950, all purchases of materials and supplies made under Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, including the selection of professional services under Part VII of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, and all purchases made for supplies, services, or materials, including selection of professional services, made under any other state law.

            (13) “Joint venture” means an association of two or more persons or businesses to carry out a single business enterprise for profit, for which purpose they combine their property, capital, efforts, skills, and knowledge and in which they exercise control and share in profits and losses in proportion to their contributions to the enterprise.

            (14) “Minority” means a person who is a citizen or permanent resident of the United States residing in Louisiana and who is any of the following:

            (a) Black: having origins in any of the black racial groups of Africa.

            (b) Hispanic: of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin regardless of race.

            (c) Asian American: having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.