Answer

In cases concerning a public works contract where there is any irreconcilable conflict between the Public Bid Law and other State or local laws, the Public Bid Law will generally prevail. The contractor’s license number is one of the eleven items which may be required under R.S. 38:2212 to be provided by a bidder at the time of bid submission on a public works contract under the Public Bid Law. Further, the Attorney General has noted that this requirement, if included in the bid documents, is not waivable and failure by a bidder to do so renders the bid non-responsive. AG Op. No. 17-0105. Note: the Public Bid Law is written to be required for public works contracts that exceed $250,000. At that amount, the Contractor’s licensing Law, specifically R.S. 37:2163 (which requires placement of contractor’s license number on bid envelope), would always apply, as the amount would be over the $50,000 exclusion provided under the definition of “contractor” under that Law. Further, public entities are generally recommended to use a RFP process or competitive negotiation for public works contracts under the contract limit of $250,000, as they are not required to bid out such contracts. If a public entity elects to bid out a public works contract for less than $50,000, they may want to seek an AG opinion as to any requirements for listing a contractor’s license on the envelope. Louisiana Legislative Auditor website: 04/25/2025 09:30:08 PM