Definitions And Classes Of Contractual Services

 

Personal Service

Professional Service

Consulting Service

Social Service

Performance-based Energy Efficient Contract

Interagency Contracts

 

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 $75,000 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.