Answer


The Public Bid Law does not provide for sole source contracting, and requires that public entities accept “functional equivalents.” For instance a public entity advertising for vehicle purchases may not limit responsive bids to only Fords, and must accept and consider bids for other equivalent makes of vehicles, i.e. Chevrolet, Dodge, GM, Toyota, etc. R.S. 38:2212.1(C) See also AG Op. No. 09-0095

If a public entity has adopted the Procurement Code, it may utilize the sole source procurement provisions of the Code, but must comply with all of the requirements set out in both the statutes and accompanying rules promulgated by the Commissioner of Administration and Office of State Procurement. See R.S. 39:1597 and LAC 34:V.901-907

Under the Procurement Code, Sole source procurement is used when only one source is available from which to make a particular purchase. If the item is available for purchase from more than one vendor, the item is not a sole source. An example of a sole source might include proprietary chemicals sold only directly by the manufacturer, for which no other functional equivalents exist.

An agency may use sole source when it submits to the OSP in writing that only one source can fill the need and execution of the contract with the vendor is in the best interest of the State.

The agency may not make sole source procurement until it receives approval from OSP. For a discussion of Sole Source consideration, see AG Op. No. 13-0078.

In addition, the agency must submit a sole source procurement report to the Legislature annually.

The report must include:

· Each contractor’s name;

· The amount and type of each contract;

· A list of the supplies, services, or major repairs procured under each contract; and

· The identification number of each contract file.

For additional information on sole source procurement and the Procurement Code, please see the LLA’s FAQ on the Louisiana Procurement Code which can be found on the Legal Assistance & FAQs Overview page of the LLA Website.

Louisiana Legislative Auditor website: 04/24/2025 11:54:22 PM