Current through Register Vol. 50, No. 9, September 20, 2024
C. Policy
1. The Division of Prison Enterprises is an
integral component of the department's reentry initiatives by enabling
offenders to increase their potential for successful rehabilitation and
reintegration into society by providing occupational and skills training
through productive job opportunities. To that end, the Division of Prison
Enterprises shall develop and implement policies and procedures for
agriculture, aquaculture, silviculture, marketing programs, industrial
enterprises, livestock operations, and services to utilize the department's
resources in the production of food, fiber, and other necessary items used by
offenders to promote good work habits, to teach systems of accountability, and
to simulate work environments offenders potentially may experience upon their
release. Prison Enterprises shall provide training and work opportunities for
offenders to enhance the department's reentry initiatives. Prison Enterprises
provides products and services to state and local agencies, other political
subdivisions, open market customers, and public employees, and additionally
utilizes the department's resources to lower imprisonment costs.
D. Definitions
Advertising-the use of Prison Enterprises'
resources to call to the attention of existing or potential customers the
products or services offered by Prison Enterprises through media sources,
including but not limited to print, television, radio, signage, sponsorships,
tradeshows, and other electronic media.
Agricultural-pertaining to the production,
storage, processing, marketing, or distribution of any agronomic,
floricultural, horticultural, vitacultural, silvicultural, or aquacultural,
crop, including but not limited to farm products, livestock and livestock
products, poultry and poultry products, milk and dairy products, fruit and
other horticultural products, and seafood and aquacultural products.
Aquacultural Commodities-of or relating to
cultivation of natural produce of water such as fish and shellfish and their
by-products.
Consuming Public-people or entities who
purchase goods or services for use primarily for personal, family, or household
purposes. Consuming public does not include departments, institutions,
agencies, or political subdivisions of the state and does not include any
penal, reformatory, or custodial facilities, the major portion of whose
maintenance is contributed by this state or any of the political subdivisions
thereof for the use or consumption of said institution or facility, or for the
use or consumption of the population therein contained, or a private,
nonprofit, taxexempt organization under Section 501(c)(3) of the U.S. Internal
Revenue Code.
Crop Commodities-food and fiber products
that cover a broad range of goods from both processed and unprocessed bulk
commodities. Crop commodities include, but are not limited to soybeans, corn,
wheat, rice, cotton, vegetables, grasses, and their by-products.
Governmental Agencies-includes, but not
limited to federal, state, local, and foreign governmental bodies, as well as
non-profit organizations, both within and outside the state of
Louisiana.
Industrial Enterprise-a manufacturing,
distribution, production, assembly, or warehousing operation that accommodates
the direct or indirect exchange of goods.
Livestock-animals and their by-products
reared in agricultural settings to make or produce food or to be used for
labor. Livestock includes but is not limited to cattle, buffalo, bison, oxen,
and other bovine; pigs, sheep, goats, domestic rabbits, fish, turtles, and
other animals identified with aquaculture that are located in artificial
reservoirs or enclosures constructed so as to prevent, at all times, the
ingress and egress of fish life from public waters, horses, mules, donkeys, and
other equine; and birds, such as chickens, turkeys, and other poultry.
Marketing-the process or technique of
promoting, selling, and distributing a product or service. Marketing includes,
but is not limited to, restricted marketing to a targeted buyer or group of
buyers.
Meat and Food Products-products including,
but not limited to, all processed and/or unprocessed bulk beef, poultry, pork,
seafood, and other food products used for production or resale.
Open Market-an unrestricted market with free
access by, and competition of, buyers and sellers. Nonetheless, the words
open market as used in
R.S.
51:692.1, 51:692.2, and 51:692.3 shall mean
all sales or exchanges conducted or transacted through the medium of stores,
shops, sales agents or agencies, whether retail or wholesale, or in any manner
to the consuming public.
Private Treaty-a sale of property on terms
determined by conference of the seller and buyer.
Promotional Items-items having no
substantial resale value including, but not limited to, calendars, pens, hats,
and t-shirts bearing information relative to Prison Enterprises.
Public Employee-person employed at any level
in any capacity by a governmental agency in any branch of government. See also
R.S.
42:1102(18)(19).
Row Crop Contracts-contracts with grain
elevators or others based on the Chicago Board of Trade.
Samples-any Prison Enterprises' products or
services provided to a potential or existing customer or placed in a highly
visible location or otherwise utilized to enhance sales to existing or
potential customers. Samples include, but are not limited to, items provided to
governmental agencies or organizations affiliated with potential customers to
use at their discretion.
Service Industry/Services-any
labor-intensive endeavor using offender labor or Prison Enterprises' resources
to accommodate customer requests. This includes, but is not limited to,
custodial services, grounds-keeping, bulk mailings, or assembly.
Silvicultural Commodities-of or relating to
controlling the establishment, growth, composition, health and quality of
forests and woodlands and their by-products through management, harvest, and
planting.
Timber-includes all natural and planned
growth of trees used for building and other purposes, and all byproducts of
trees including, but not limited to, pine straw, firewood, and bark.
E. Procedures
1. The director of Prison Enterprises shall
be responsible for the following:
a.
establishment and operation of all agricultural, aquacultural, silvicultural
and marketing programs, industrial enterprises, livestock operations and
service industries, including certification in the Private Sector/Prison
Industry Enhancement (PS/PIE) program within the department.
b. development of budgets and plans of
operation for all Prison Enterprises programs within the state;
c. procurement of all raw goods, supplies,
commodities, breeding livestock, inventories, services, studies or experimental
work in accordance with the Louisiana Procurement Code, Procurement of Services
Rules and Regulations, executive orders, rules established by administrative
law, and all other applicable state and federal laws;
d. purchase of commodities, including but not
limited to, agriculture commodities, prison industry commodities, and other
commodities available from other state, federal, and foreign governmental
agencies.
2. Prison
Enterprises may purchase without bid both finished and unfinished goods from
other governmental agencies and also may purchase processed and unprocessed raw
materials from other governmental agencies for further processing or sale.
Purchases of this type shall be made only to accommodate or take advantage of
delivery terms, consistency in product quality/specifications, manufacturing
capabilities, and price.
3. All
funds received from the sale of products and services shall be deposited
immediately upon receipt into the state treasury.
4. Functional supervision at the field level
relative to interface with unit activities and security requirements shall be
under the jurisdiction of the warden in accordance with ACA
Standards.
G. Sales
1. General
a. Sale of all Prison Enterprises products,
commodities, livestock, and services may be sold in the manner provided by law,
including but not limited to, direct sales to governmental agencies, non-profit
entities, private entities, public employees, and other targeted customers, as
well as statutorily-permitted open market sales, sealed bids, auctions, and
sales of bulk-purchased items via central warehousing operations.
b. Sales to governmental agencies shall be
priced based in response to bid requests, direct sales of Prison Enterprises
contract products and by direct negotiation between Prison Enterprises and the
governmental agency.
c. Prison
Enterprises can sell manufactured, processed, agricultural, and other commodity
products to a full-time or part-time public employee who resides within the
state of Louisiana, provided the public employee certifies the product shall
not be resold or transferred outside of Louisiana. Pricing shall be determined
based on current Prison Enterprises' contract prices or established Prison
Enterprises' pricing methodology.
d. Prison Enterprises shall not sell any
product or service for the purpose of promoting political candidates or any
other political activity.
2. Sale of Bulk Meat and Food
a. Meat and food products offered for sale by
Prison Enterprises and their corresponding prices shall be listed on the state
contract published by the Louisiana Division of Administration-Office of State
Procurement. Prices shall be updated at intervals as deemed necessary by the
Director of Prison Enterprises.
b.
Pricing for meat and food products shall be based on purchase price, market
conditions, and sales history. The Director of Prison Enterprises or designee
is responsible for approving all prices.
3. Sale of Timber
a. The LSU School of Forestry or a
professional timber consultant shall be retained to formulate a multi-year
timber management plan.
b. If a
professional timber consultant is hired, the professional timber consultant
shall be a member of a professional timber management association and shall
provide sufficient references.
c. A
submitted timber management plan shall include best management practices for
all woodlands located on property controlled by the department. The timber
management plan shall be presented to the agriculture manager, who shall make
recommendations for harvest and sale of timber to the Director of Prison
Enterprises or designee.
d. Large
quantities of timber shall be sold on the open market by bid in accordance with
recommendations made by either the LSU School of Forestry or the professional
timber consultant.
e. Smaller
quantities of timber (for example, damaged trees cut for salvage) and timber
by-products shall be sold on the open market at current market rates or by
private treaty at the recommendation of the LSU School of Forestry or the
professional timber consultant to the agriculture manager.
f. All sales of timber require the approval
of the director of Prison Enterprises or designee.
4. Sale of Services
a. The Director of Prison Enterprises or
designee and the potential customer shall negotiate terms of agreement to
include pricing and a detailed description of services to be
rendered.
b. Prison Enterprises
also may respond to bid requests by governmental agencies and other entities to
provide services.
5.
Sale of Livestock
a. Cattle
i. Approvals
(a). The agriculture manager shall provide
information regarding cattle to be sold, said information to include type of
cattle, quantity, estimated weight, location, etc. to the director or
designee.
(b). This information
shall then be utilized to grant approval prior to the sale or
advertisement.
ii.
Direct Sales
(a). Prison Enterprises may sell
cattle by private treaty with the approval of the director or designee. This
method of sale shall be used if the agriculture manager determines the sale is
financially or operationally advantageous. The director's approval shall be
based on criteria such as current market data, current needs of Prison
Enterprises, and other documented circumstances which support the sale as
financially or operationally advantageous.
(b). The agriculture manager shall review
market data to determine the reasonableness of the price offered by the
potential buyer. The agriculture manager, upon consultation with the director
or designee, shall agree to a price determined to be fair considering all
above-listed circumstances.
iii. Advertised Bids
(a). Advertisements for bids when selling
cattle shall be published for at least one day in the state journal and in at
least one printing of the official journal of the parish the livestock is
located in. A copy of the bid package shall be sent also to a list of
people/companies comprised of previous bidders and known major cattle buyers
who purchase cattle in the southern United States. A copy of the bid package
shall be provided also to the LSU Agricultural Center Beef Specialist for
informational purposes and for distribution to the LSU Cooperative Extension
office of each parish.
(b).
Photographs of livestock shall be provided to prospective bidders upon requests
to the agriculture manager at the phone number listed in the advertisement.
Livestock shall be available for viewing by prospective bidders during the
advertisement period by contacting the agriculture manager at the phone number
listed in the advertisement.
(c).
Vendors shall be allowed to submit bids until the bid opening date and time
specified in the bid opening package. The bid package shall specify the latest
date and time that bids will be accepted either by fax, mail, or hand
delivery.
(d). The agriculture
manager shall review market data regularly during the bid period to determine
highs and lows in prices and will use this information to determine the
reasonableness of bids received. The agriculture manager, upon consultation
with the director or designee, shall notify the department's director of
procurement and contractual review of the decision to award or cancel the
bid.
(e). The successful vendor
shall pick up livestock on or before the date stated in the bid. Livestock
shall be sorted and penned in accordance with provisions of the bid. The
successful vendor is responsible for all necessary transportation equipment and
other expenses related to the pickup, unless otherwise stated in the bid.
Prison Enterprises shall make necessary accommodations for the pickup unless
extraordinary circumstances (severe weather, security events, etc.) prohibit
pick up on the stated date.
iv. Cattle sold at auction, whether by
stockyards or video auctions, are exempt from the above procedures.
b. Horses for Law Enforcement
i. Horses bred and raised for law enforcement
purposes shall be sold to local, state, and out of state governmental agencies,
or non-profit organizations affiliated with law enforcement without bid at a
price agreed upon by Prison Enterprises and the customer.
c. Other Livestock
i. All other livestock, including but not
limited to, non-law enforcement horses, swine, birds, fish, and crawfish shall
be sold at established market price or through other customary means, or by
private treaty, bid, or auction by adhering to the procedures listed above for
cattle.
6.
Sale of Crop Commodities
a. Pursuant to the
sale of grain products and other crop commodities, the agriculture manager
routinely shall research available market information and follow the futures
prices of grains and other crop commodities at the Chicago Board of Trade. The
agriculture manager, with the approval of the director or designee, shall
obtain price quotes from local grain elevators and enter into row crop
contracts that are at prices determined to be advantageous to Prison
Enterprises and consistent with anticipated production levels. Contracts for
the sale of grain and other crop commodities shall be for one of the following:
i. cash price;
ii. basis only with futures price to be
called for at a later date; or
iii.
futures only with basis determined before delivery.
b. Pursuant to the sale of cotton, Prison
Enterprises may bid a contract to gin harvested cotton. According to the
specifications of the contract, the ginner shall submit a report to the
agriculture manager. The report shall specify yield and quality. Prison
Enterprises shall use the information from the ginner to sell the cotton either
by bid or by private treaty.
c.
Alternatively, Prison Enterprises may bid a contract to harvest by machine and
gin the cotton crop. According to the specifications of the contract, Prison
Enterprises shall maintain ownership of the harvested cotton; but Prison
Enterprises may enter into agreement with an appropriate contractor for
marketing and sale of the crop.
d.
The sale of grasses for hay and other crop by products shall be made by bid or
by private treaty. Bidding shall be accomplished by obtaining, at a minimum,
telephone quotes from at least three bona fide bidders. The bid shall be
awarded to the highest responsible bidder. Private treaty prices shall be set
by the agriculture manager at or near current market prices for each particular
product. Type, quality, location, responsibility for transportation, etc. of
hay and other crop by-products shall factor into the pricing. Sales of grasses
for hay and other crop by-products shall require the approval of the director
or designee.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
15:1156.
