
Answer | 
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No, based upon the facts presented the School Board cannot piggyback off of the existing contract. The Public Bid Law is a prohibitory law; therefore any exception must be strictly construed.
It does not appear that the exceptions to the Public Bid Law in R.S. 38:321.1 or under the Local Services Law, R.S. 33:1321, et seq. would apply.
In this case, the original contract is no longer viable, therefore, it does not meet the requirements set forth by the Attorney General to piggyback under the Local Services Law.
Finally, the language of R.S. 38:321.1 requires that the original contract was bid and that the bid opening must have occurred within the past year. Based on the information provided, the original contract does not appear to meet the requirements under R.S. 38:321.1
The school board should let the contract for the software through public bidding or through its own RFP under the provisions of Section R.S. 38:2237 of the Political Subdivisions Telecommunications and Data Processing Procurement Law.Louisiana Legislative Auditor website: 05/11/2025 10:11:29 PM |