Answer

R.S. 39:1604.5 provides for a 10% preference for LA vendors for purchasing “at retail” when the items are equal in quality to out-of-state items and the cost for the LA vendor’s item does not exceed the out-of-state vendor’s item by 10%. The 1st Circuit has stated that this preference statute authorizing allowance of [10%] preference on cost to LA retailers over out-of-state retailers is inapplicable to procurements obtained through competitive bid process. That is, “purchasing items at retail” is different from “procure by competitive bid process.” Government Computer Sales, Inc. v. State through Div. of Admin., Office of State Purchasing, 95-2262 (La. App. 1 Cir. 5/10/96); 673 So.2d 718. Therefore, R.S. 39:1604.5 only applies to purchases “at retail” that are made subject to the Procurement Code and is not applicable to purchases under the public bid process. Louisiana Legislative Auditor website: 05/17/2025 12:38:47 AM