Answer

The department would not be required to use formal bidding to select the architect. Use of a Request for Qualifications (RFQ) process would appear to meet both Federal and State requirements. Under state law, the selection of an architect by a local government entity is considered a contract for services and not covered by the Public Bid Law. However, under the provisions of R.S. 38:2318.1, a local government entity must use a qualification based selection process and not consider price as its primary reason in selection of design professionals, including architects. The public entity should utilize a RFQ process to select the most qualified architect and then negotiate a fair price with the chosen architect. If the public entity is unable to come to an agreement, it may then begin negotiating with the next most qualified architect. Executive branch entities with contracts for public works over $500,000 must follow the process outline in statutes at R.S. 38:2310 et seq. Public entities utilizing Federal funds must comply with Federal laws that require some form of competitive selection. The safest way to meet this requirement would be to conduct a RFQ process and make a selection considering the qualifications of the responsive proposals. The public entity then may negotiate a reasonable rate with the most qualified individual. Louisiana Legislative Auditor website: 06/09/2025 10:34:47 PM