Answer

According to R.S. 38:2212.1(D) the Public Bid Law does not apply to the purchase of surplus materials and supplies by a public entity from another public entity. The transfer may be done through a direct sale/cooperative endeavor/intergovernmental agreement, and both entities should be sure to document that equal value is given on each side of the transaction (fair value given for equipment as determined by an appraisal); According to the Attorney General, value given does not only have to be in the form of money, but could be other value received/given as documented in the agreement for the transfer. Alternatively, the Department could donate the surplus equipment to the other department pursuant to Article VII, §14(E) of the Louisiana Constitution. This constitutional provision authorizes the donation or exchange of surplus movable property between political subdivisions whose functions include public safety. Therefore, one Louisiana fire department may donate surplus equipment to another Louisiana fire department without the general requirement that it receive fair market value in return for the equipment. Louisiana Legislative Auditor website: 04/25/2025 05:29:26 PM