Answer

The School board may utilize one of the following exceptions to the Public Bid Law in order to purchase the chiller unit without following the bid process. Option 1 – Emergency Procurement See AG Op. No. 94-0173 where the AG noted that the replacement of a chiller unit may possibly qualify under the emergency exception to the Public Bid Law. The School Board should document the nature of the emergency, i.e. need for air conditioning prior to start of school and small time frame for replacement. The School Board must comply with the certification and notice publication requirements under the Public Bid Law (see R.S. 38:2212(P)) in order to utilize the Emergency Exception. Option 2- Existing State Contracts The School Board may also want to see if the chiller unit can be purchased off an existing state contract. Option 3 – Piggyback The School Board may also see if any other local governments or school boards in the state has a current “viable” contract for this chiller unit currently bid out, or if one has been bid out in the past year under R.S. 38:321.1. The school board should maintain adequate documentation in its contract files to support which alternative method was utilized. See also the LLA’s Public Bid Law FAQ which can be found on the Legal Assistance & FAQs Overview page of the LLA Website regarding emergency procurement, purchases off State contract, and piggybacking off of local government contracts. Louisiana Legislative Auditor website: 06/03/2025 10:02:04 AM