Answer

Absent formal adoption of the Procurement Code and its accompanying regulations, the municipality and its police department must comply with the provisions of the Public Bid Law. The Public Bid Law is a prohibitory law and does not provide for sole source procurement. In fact, the Public Bid Law generally mandates that public entities engage in open spec bidding and accept functional equivalents in order to obtain the best price when procuring with public funds. Under the Public Bid Law, the police department must obtain at least three quotes from vendors if purchasing materials and supplies in an amount totaling $30,000 to $60,000 for the fiscal year. If the department wishes to go with a vendor who is not the lowest quoted amount, it must document in its procurement files why the selection of the chosen vendor instead of the lowest quote was in the best interests of the public entity. Any purchases over $60,000 must be bid out under R.S. 38:2212.1 unless an exception applies. The department may also seek to determine if the tasers are available under a current State contract. If the tasers are available under a current State contract, the department may purchase the tasers, without regard to the total amount, directly from the State contracted vendor without any quotes or bidding. If the department purchases from a State contract, it should document in its file that it purchased it under a current State contract and note the State contract number that was utilized. Finally, if any other Louisiana political subdivisions recently bid out a contract for these tasers, the department may be able to piggyback on the contract under either R.S. 38:321.1 or the Local Services Law, R.S. 33:1324. For more information on the requirements for piggybacking under these two methods please see Q.60 and Q.61 of the LLA’s Public Bid Law FAQ located on the LLA Website. Louisiana Legislative Auditor website: 08/10/2025 01:34:25 AM