§ 15:1157 — Sales of goods and services; contractual powers

§1157. Sales of goods and services; contractual powers
A.(1) Except as provided in Subparagraph (2) of this Paragraph, state agencies shall
purchase, if available, goods and services from prison enterprises, or products manufactured
in a certified Private Sector/Prison Industry Enhancement Program, if the prices are less than
those of central purchasing.
(2) State agencies which operate a state prison may purchase, if available, goods and
services from vendors located in the parish in which the prison facility is located, if the prices
are less than those of central purchasing or prison enterprises, and the vendor meets the
requirements of the Hudson Initiative, as provided in R.S. 39:2001 et seq., or the Veteran
Initiative, as provided in R.S. 39:2171 et seq.
(3) Goods and services may be sold to the governing authorities of parishes,
municipalities, other political subdivisions, and public employees.
(4) Services shall be provided at a cost that is not less than the cost to the department
for providing the services. Manufactured products shall be provided at a cost that is not less
than the cost of the raw materials used to manufacture the product. If the manufactured
product is deemed to be spoiled, overstocked, obsolete or otherwise not salable at a cost
equal to or greater than the raw material cost of the manufactured product and can be
documented as such, the director may authorize a sale at less than the raw material cost. Sales
of manufactured products to public employees shall be priced at the current prison
enterprises contract price or based on established and documented pricing methodologies. B. Agricultural, aquacultural, and silvicultural commodities may be sold on the open
market in accordance with rules adopted by the secretary when the sale will further the
purposes of this Part.
C. The secretary may enter into contracts with private entities or governmental
agencies for the sale, purchase, or barter of commodities to effectuate the purposes of this
Part in accordance with rules adopted by the secretary.
D. Products of the type which are produced in foreign countries that are labor
intensive may be produced and sold on the open market.

Legislative History

Added by Acts 1983, 1st Ex. Sess., No. 59, §1, eff. Feb. 7, 1983; Acts 1986, No. 1009, §1; Acts 1995, No. 644, §1; Acts 2007, No. 289, §1; Acts 2017, No. 248, §1, eff. June 14, 2017.