purchasing

Louisiana Resident Bidder Preference

Revised March 2, 2015

[NOTE: Louisiana Revised Statutes, §38:2211 et seq. constitutes the Louisiana Public Bid Law (governs public works and the purchase of materials and supplies by most public entities) and §39:1551 et seq. constitutes the Louisiana Procurement Code (governs purchase of certain services, materials and supplies, and major repairs by most state agencies).]

LOUISIANA RESIDENT BIDDER PREFERENCE

Louisiana Revised Statutes, §27:246. Casino gaming operators and the Louisiana Economic Development and Gaming Corporation, in purchasing or contracting for goods and services, must give preference and priority to Louisiana residents, laborers, vendors, and suppliers if reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operational efficiency. In selecting a casino operator, the Louisiana Economic Development and Gaming Corporation must give preference to an operator who demonstrates a willingness and ability to purchase and contract for goods and services from or with Louisiana residents, laborers, vendors, and suppliers.

Louisiana Revised Statutes, §38:2251 and §39:1595. Preferences are given to bidders whose Louisiana business workforce is comprised of a minimum of 50% Louisiana residents for all types of products produced, manufactured, assembled, grown, or harvested in Louisiana, Pursuant to §39:1554 and §38:2251 governs the procurement of construction by governmental bodies of Louisiana, but does not apply to any procurement of supplies, services, or major repairs by the state. Pursuant to §39:1554 and §39:1595 applies to every expenditure of public funds by Louisiana, irrespective of source, under any contract for supplies, services, or major repairs except grants or contracts between the state and political subdivisions or other governments except as otherwise provided by law. [NOTE: Except as noted below, §38:2251 and §39:1595 are substantially identical.]

  • With regard to agricultural or forestry products, including meat, seafood, produce, eggs, paper or paper products, Louisiana products must be procured or purchased as long as the product meets Louisiana product criteria, the product is equal to or better in quality to other products, and the cost does not exceed by more than 10% the cost of other products.
  • Meat and meat products which are further processed in Louisiana under the grading and certification service of the Louisiana Department of Agriculture and Forestry must be procured or purchased if equal in quality to other meat and meat products and the cost does not exceed by more than 7.0% the cost of other products.
  • Domesticated or wild catfish which are processed in Louisiana but grown outside Louisiana must be procured or purchased if equal in quality and the cost does not exceed by more than 7.0% the cost of catfish processed outside Louisiana.
  • Produce processed in Louisiana but grown outside Louisiana must be procured or purchased if equal in quality and the cost does not exceed by more than 7.0% the cost of produce processed outside Louisiana.
  • Under §39:1595, eggs or crawfish which are further processed in Louisiana under the grading and certification service of the Louisiana Department of Agriculture and Forestry must be procured or purchased if equal in quality to other meat and meat products and the cost does not exceed by more than 7.0% the cost of other products.
  • Except as otherwise provided in §38:2251 or §39:1595, as applicable, materials, supplies, or equipment which are Louisiana products equal in quality to other products may be purchased if the cost of such items does not exceed the cost by more than 10% the cost of other items manufactured, processed, produced, or assembled outside the state and the Louisiana product vendor agrees to a sale price equal to the lowest bid offered.
  • These preferences do not apply to Louisiana products whose source is a clay which is mined or originates in Louisiana, and which is manufactured, processed, or refined in Louisiana for sale as an expanded clay aggregate form different than its original state, do not affect preferences applicable to brick manufacturers, do not apply to firefighting or rescue equipment, and do not apply to treated wood poles and pilings.
  • The provisions of §38:2251 do not apply to a drainage district or sewerage and water board located in New Orleans wherein the cost of products produced or manufactured in the Louisiana does not exceed by more than 5.0% the cost of products which are equal in quality to products produced or manufactured outside Louisiana in purchases of one million dollars or more.

Louisiana Revised Statutes, §38:2253. All things being equal, preference is given to firms doing business in Louisiana. Preference is inferior to and superseded where conflicting with Louisiana Revised Statutes, §38:2251.

Louisiana Revised Statutes, §38:2255. Printing, lithographing, embossing, engraving, binding, record books, printed supplies, stationery and office supplies, and equipment must be purchased from Louisiana firms and all printing, lithographing, embossing, engraving, and binding in connection therewith must be done in Louisiana by Louisiana firms and by Louisiana labor unless the bid submitted by a firm outside Louisiana is 3.0% lower than the lowest bid submitted by a Louisiana firm. This section does not apply to specialized forms and printing, such as continuous forms, margin punched forms, football tickets, 24 sheet poster, music printing, steel dye and lithographed bonds, decalcomanias, revenue stamps, lithographing and bronzing on acetate, college annuals, fine edition binding, and books.

Louisiana Revised Statutes, §38:2256. It is permissible to purchase supplies not ordinarily obtainable from Louisiana firms from non-resident firms authorized and otherwise qualified to do business in Louisiana that maintain an office in Louisiana where payment may be made; however, Louisiana firms shall first be given opportunity to furnish supplies and be given preference.

Louisiana Revised Statutes Ann., §38:2184. Cost and quality being equal, preference is given to supplies, material, or equipment produced or offered by Louisiana citizens.

Louisiana Revised Statutes, §39:1594. In state contracts awarded by competitive sealed bidding, Louisiana resident businesses are given preference against nonresident businesses in tie bids if there will be no sacrifice or loss in quality.

Louisiana Revised Statutes, §39:1595.5. When purchasing items at retail, purchases must be from a retail dealer located in Louisiana as long as the items are equal in quality and the cost does not exceed by more than 10% the cost of items from a retail dealer located outside Louisiana.

Louisiana Revised Statutes, §39:1595.3. For services to organize or administer rodeos and livestock shows, where state-owned facilities are used to house or contain such activities, preference is given to Louisiana vendors if services equal in quality and do not exceed the cost by more than 10% the cost of services available from outside Louisiana.

Louisiana Revised Statutes, §38:2251.1. Milk and dairy produced or processed in Louisiana must be purchased when equal in quality and the cost does not exceed by more than 10% the cost of milk from outside Louisiana.

Louisiana Revised Statutes, §38:2251.2 and §39:1595.6. Steel rolled in Louisiana must be purchase when equal in quality, the cost does not exceed by more than 10% the cost of steel rolled outside Louisiana, and sufficient quantities of steel rolled in Louisiana are available.

Louisiana Administrative Code, Title 34, §529. In state contracts awarded by competitive sealed bidding, preference is given to resident businesses in a tie bid if there is no sacrifice or loss of quality. A resident business is one that is authorized to do and is doing business under the laws of Louisiana that either maintains its principal place of business in Louisiana or employs at least two employees who are Louisiana residents.

Louisiana Executive Order No. BJ 2010-16 (August 27, 2010). Louisiana businesses should be utilized to the greatest extent possible when soliciting prices in the procurement of small purchases.

LOUISIANA RECIPROCAL PREFERENCE

Louisiana Revised Statutes, §38:2225. Louisiana-domiciled contractors bidding on public work in Louisiana must be granted the same preference over contractors domiciled in other states that the other states grant over Louisiana-domiciled contractors.

Louisiana Revised Statutes, §39:1595.1. Except for contracts for the construction, maintenance, or repair of highways and streets and contracts financed in whole or in part by federal contributions or loans, Louisiana vendors are given preference over out-of-state vendors in the same manner that the other states grant preference over Louisiana vendors.

Louisiana Revised Statutes, §39:1595.2. Except as to contracts financed in whole or in part by federal contributions or loans, in contracts for public work, Louisiana-domiciled contractors must be granted the same preference over contractors domiciled in other states in the same manner, on the same basis, and to the same extent to which the other states grant preference over Louisiana-domiciled contractors.

Louisiana Revised Statutes, §39:1595.5. Louisiana-domiciled retailers must be granted the same preference over retailers domiciled in other states in the same manner, on the same basis, and to the same extent to which the other states grant preference over Louisiana-domiciled retailers.

Louisiana Revised Statutes, §48:255.6. Regarding projects of Department of Transportation and Development, Louisiana resident contractors must be granted the same preference over contractors domiciled in other states that the other states grant over Louisiana resident contractors.