Judges: RICHARD P. IEYOUB
Filed Date: 9/4/1992
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Wheelis:
You have requested, on behalf of the England Economic Industrial Development District (EEIDD), the opinion of this office as to whether the EEIDD may contract for services or enter into agreements, other than for the sale or lease of property, without complying with the Louisiana Public Bid Law.
The statute which creates the EEIDD, La. R.S.
There is no provision in the statute exempting the District from the state's Public Bid Law in entering into such contracts and, therefore, the bid law is applicable to the District as a political subdivision, to the full extent of its scope. La. R.S.
All public work exceeding the contract limits defined herein, including labor and materials, and all purchases of materials or supplies exceeding the sum of ten thousand dollars to be paid out of public funds, to be done by a public entity shall be advertised and let by contract to the lowest responsible bidder . . ."
Court decisions interpreting this provision over the years have made clear that the public bid requirement is applicable to "public work" and to "purchases of materials and supplies", but not to contracts for services. See Wallace Stevens, Inc. v. Lafourche Parish Hospital District No. 3 et al,
Therefore, it is our opinion that the EEIDD is subject to the provisions of the Public Bid Law in contracting for public works and in purchasing materials and supplies, but not when contracting for services, whether of a professional or other nature.
I trust that this answers your inquiry. Please advise if we may be of further assistance in this matter.
Sincerely,
RICHARD P. IEYOUB Attorney General
BY: GLENN R. DUCOTE Assistant Attorney General
GRD:332