§ 39:1594 — Competitive sealed bids

Louisiana § 39:1594

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§1594. Competitive sealed bids
A. Conditions for use. Contracts exceeding the amount provided by R.S. 39:1596
shall be awarded by competitive sealed bidding unless otherwise provided in this Chapter.
B. Invitation for bids. Competitive sealed bidding shall be initiated by the issuance
of an invitation for bids containing a description of the supplies, services, or major repairs
to be procured and all contractual terms and conditions applicable to the procurement.
C. Public notice.
(1) Adequate public notice of the invitation for bids shall be given at least five days
prior to the date set forth therein for the opening of bids on all matters except those made for
housing of state agencies, their personnel, operations, equipment, or activities pursuant to
R.S. 39:1643, for which such notice shall be given at least twenty days prior to the opening
of bids. Notice shall be in writing and to persons in a position to furnish the supplies,
services, or major repairs required, as shown by its records, and by advertising if the amount
of the purchase exceeds the amount provided by the small purchase executive order issued
in accordance with R.S. 39:1596.
(2) The advertisements or written notices shall contain general descriptions of the
supplies, services, or major repairs for which bids are wanted and shall state all of the
following:
(a) The names and locations of the departments or institutions for which the
purchases are to be made.
(b) Where and how specifications and quotation forms may be obtained.
(c) The date and time not later than which bids must be received and will be opened.
(3) Each advertisement may be published in the official journal of the state. In the
case of any purchase to meet the needs of a single budget unit the advertisement shall be
published also in a newspaper of general circulation printed in the parish in which the budget
unit is situated or, if there is no newspaper printed in the parish, in a newspaper printed in
the nearest parish, which has a general circulation in the parish in which the budget unit is
situated.
(4) Evidence of agency, corporate, or partnership authority shall be required for
submission of a bid to the division of administration or purchasing agencies of the state of
Louisiana. The authority of the signature of the person submitting the bid shall be deemed
sufficient and acceptable if any of the following conditions is met:
(a) The signature on the bid is that of any corporate officer listed on the most current
annual report on file with the secretary of state, or the signature on the bid is that of any
member of a partnership or partnership in commendam listed in the most current partnership
records on file with the secretary of state.
(b) The signature on the bid is that of an authorized representative of the corporation,
partnership, or other legal entity and the bidder submits or provides upon request a corporate
resolution, certification as to the corporate principal, or other documents indicating authority
which are acceptable to the public entity, including registration on an electronic Internet
database maintained by the public entity.
(c) The corporation, partnership, or other legal entity has filed in the appropriate
records of the secretary of state in which the public entity is located, an affidavit, resolution,
or other acknowledged or authentic document indicating the names of all parties authorized
to submit bids for public contracts. Such document on file with the secretary of state shall
remain in effect and shall be binding upon the principal until specifically rescinded and
canceled from the records of the respective offices.
(5) All bids shall be advertised by a using agency through a centralized electronic
interactive environment administered by the division of administration and on the electronic
website accepting the electronic bids as provided in this Section. The advertisement or
written notice required by this Section shall contain the name and address of the using agency
and shall establish the specific date, time, and place by which the bids must be received.
D. Bid submission.
(1) Bids shall be submitted in writing in accordance with the requirements set forth
in the invitation for bids or electronically through a uniform and secure electronic interactive
environment.
(2) Public entities shall provide, as an additional bidding option, a uniform and
secure electronic interactive system for the submission of competitive sealed bids as
provided for in this Section. Any public entity providing a secure electronic interactive
system shall follow the standards for the receipt of electronic bids adopted by the office of
the governor, division of administration, and the office of information technology as
provided for in LAC 4:XV.701. Any special condition or requirement for the submission
shall be specified in the advertisement for bids required by this Section.
(3) The requirements of Paragraph (2) of this Subsection shall not apply to the
following public entities:
(a) Public entities that are currently without high-speed Internet access, until high-speed Internet access becomes available.
(b) Any parish with a police jury form of government and a population of less than
twenty thousand.
(c) Any city or municipality with a population of less than ten thousand.
(d) Any public entity that is unable to comply with the electronic bidding provisions
of this Subsection without securing and expending additional funding.
E. Bid opening. Bids shall be opened publicly in the presence of one or more
witnesses at the time and place designated in the invitation for bids. Each bid, together with
the name of the bidder, shall be recorded and open to public inspection.
F. Bid evaluation.
(1) Bids shall be evaluated based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability such as inspection, testing,
quality, workmanship, delivery, and suitability for a particular purpose, and criteria affecting
price such as life cycle or total ownership costs. The invitation for bids shall set forth the
evaluation criteria to be used. No criteria shall be used in bid evaluation that are not set forth
in the invitation for bids.
(2) For bids made for housing of state agencies, their personnel, operations,
equipment, or activities pursuant to R.S. 39:1643, the criteria for evaluation shall be included
in the invitation for bids and shall include, at a minimum, the following:
(a) Location of the proposed space.
(b) Condition of the proposed space.
(c) Suitability of the proposed space for the advertiser's needs.
(d) Timeliness of availability of the proposed space.
G. Correction or withdrawal of bids. Patent errors in bids or errors in bids supported
by clear and convincing evidence may be corrected, or bids may be withdrawn, if such
correction or withdrawal does not prejudice other bidders, and such actions may be taken
only to the extent permitted under regulations.
H. Award. The contract shall be awarded with reasonable promptness by written
notice to the lowest responsive and responsible bidder whose bid meets the requirements and
criteria set forth in the invitation for bids. Award shall be made by unconditional acceptance
of a bid without alteration or correction except as authorized in this Chapter.
I. Resident business preference. In state contracts awarded by competitive sealed
bidding, resident businesses shall be preferred to nonresident businesses where there is a tie
bid and where there will be no sacrifice or loss in quality.
J. Exemption.
(1) Purchases of goods manufactured by or services performed by individuals with
disabilities through supported employment providers as defined in R.S. 39:1604.4 shall be
exempt from the provisions of this Section. This exemption shall also apply to goods and
services procured directly from a central nonprofit agency contracting under R.S. 39:1604.4
to assist supported employment providers.
(2) Purchases of raw materials and supplies used in the manufacturing process by the
Department of Public Safety and Corrections, division of prison enterprises, with the
approval of the state chief procurement officer, shall be exempt from the provisions of this
Section and shall be procured through the use of written bids.

Legislative History

Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Acts 1984, No. 354, §1, eff. July 2, 1984; Acts 1986, No. 291, §1; Acts 1991, No. 947, §2, eff. July 24, 1991; Acts 1992, No. 527, §2, eff. June 29, 1992; Acts 1995, No. 635, §1; Acts 1997, No. 121, §2; Acts 1997, No. 680, §1; Acts 2001, No. 1032, §13; Acts 2004, No. 433, §1, eff. Oct. 1, 2004; Acts 2014, No. 811, §21, eff. June 23, 2014; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2016, No. 420, §1; Acts 2019, No. 312, §3, eff. July 1, 2019; Acts 2025, No. 5, §1, eff. June 11, 2025.