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The Public Bid law requires three documented quotes for the purchase of materials and supplies more than $30,000 but less than $60,000. However, there is an exception to the Public Bid Law in R.S. 39:1703, which allows for the sale of surplus property between public entities without the necessity of a public bid or advertisement. Therefore, the District may purchase a used truck directly from another Louisiana public entity.
Based on this same statute, the Attorney General has stated that a public entity may purchase materials and supplies (including vehicles) at an auction conducted by another Louisiana public entity without violating the Public Bid Law. See, AG Op. No. 08-0087, AG Op. No. 05-0222 and AG Op. No. 95-0166. This would not apply, however, to auctions conducted by a private entity. The District should confirm whether the auction at issue is being conducted by another public entity before bidding on the truck at that auction. The District may purchase a truck that is less than $60,000 directly from a private individual, however, the Public Bid Law applies. That is, the District should document the price of the truck the private individual is selling and document at least two other quotes on used trucks of similarity in age/mileage etc. from car dealers/other vendors. If the District chooses to buy a truck that is not the lowest quote, it should document its file as to why the lowest quote was not chosen (i.e., lower mileage, faster delivery, still under warranty, etc.).
Louisiana Legislative Auditor website: 06/01/2025 03:34:40 AM
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