Louisiana Administrative Code
Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL
Part V - Procurement
Chapter 3 - Competitive Sealed Bidding
Section V-329 - Tie Bids [Formerly LAC 34:I.529]

Universal Citation: LA Admin Code V-329

Current through Register Vol. 50, No. 3, March 20, 2024

A. Definition

Tie Bids-low responsive bids from responsible bidders that are identical in price and which meet all requirements and criteria set forth in the invitation to bid.

B. Resident Business Preference

1. In state contracts awarded by competitive sealed bidding, resident businesses shall be preferred to nonresident businesses where there is a tie bid and where there will be no sacrifice or loss of quality.

2. Resident Business- one authorized to do and doing business under the laws of this state, which either:
a. maintains its principal place of business in the state; or

b. employs a minimum of two employees who are residents of the state.

C. Award. In the discretion of the chief procurement officer or the head of a purchasing agency, award shall be made in any manner that will discourage tie bids. A written determination justifying the manner of award must be made. This would include, but is not limited to, consideration of such factors as resident business, proximity, past performance, delivery, completeness of bid proposal. Tie bids over $10,000 must be reported to the attorney general. (See Chapter 23, Reporting of Suspected Collusive Bidding or Negotiations).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1581.

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