Answer

Ordinarily the purchase of materials and supplies is subject to the Public Bid Law. Attorney General (AG) opinions like AG Op. No. 07-0278 state that when there is a mixture of professional service and materials and supplies in the same contract, the predominant part of the contract determines whether it is a service contract not subject to public bid, or a materials and supply contract subject to public bid. If the contract requires repeated purchases of materials and supplies to carry out the service being offered, the contract should be put out for bid. If the purchase of the software is an incidental one time purchase to facilitate the continuing services provided, the purchase of the software would likely constitute an incidental part of the contract to provide monthly services. In that case, the contract should be treated as a contract for professional services and is not subject to the Public Bid Law. The purchase of software and services may also be eligible to be let through an RFP under the Telecommunications and Data Processing Procurement by Political Subdivisions Law, R.S. 38:2234, et seq. Louisiana Legislative Auditor website: 06/17/2025 12:26:13 AM