Answer

Pursuant to R.S. 38:2212.1(C), the fire district is required to accept “functional equivalents” in bidding out purchases of over $30,000. Therefore, there is likely no such thing as sole source when buying equipment. The District should draft its advertisement carefully to ensure that any necessary function, features, etc are carefully laid out to allow for potential bidders with “functional equivalents” to respond. Ultimately the fire district will have to determine if a bid is responsive and “functionally equivalent.” Documentation supporting this determination should be kept in the District’s contract files. Public Bid Law FAQs and LLA videos on Public Bid Law have more information regarding alternative purchasing methods, specifically in regard to purchases off of State contracts, Federal GSA and piggybacking off of existing contracts, which would allow the fire district to purchase a specific brand if it’s under an existing contract. LLA’s Public Bid Law FAQ can be found on the Legal Assistance & FAQs Overview page of the LLA Website. Louisiana Legislative Auditor website: 04/29/2025 02:50:21 AM