Title 38. Public Contracts, Works and Improvements
Chapter 10. Public Contracts
Part IV-a. Purchase of Materials, Supplies, or Equipment by Certain Political Subdivisions Using Certain Auction Methods
38:2271 Purchase of materials, supplies, equipment, or consulting services by certain political subdivisions using certain auction methods
A. (1) The bidding provisions of this Chapter shall not apply when a political subdivision purchases materials, supplies, equipment, or consulting services using a reverse auction as authorized by, and in the manner provided in, this Part. A political subdivision may use reverse auction only with the determination by its procurement officer that the best interests of the political subdivision would be served and that electronic online bidding is more advantageous than other procurement methods provided in this Chapter.
(2) For the purposes of this Part:
(a) “Political subdivision” means any political subdivision of the state, including but not limited to any political subdivision as defined in Article VI, Section 44 of the Constitution of Louisiana.
(b) “Reverse auction” means a competitive online solicitation process on the internet for equipment, supplies, and other materials or consulting services in which vendors compete against each other online in real time in an open and interactive environment.
B. Prior to the use of reverse auction authorized by this Part, the political subdivision shall develop policies and procedures that may require that:
(1) Vendors register before the opening date and time, and as part of the registration, require that the vendors agree to any terms and conditions and other requirements of the solicitation.
(2) Vendors be prequalified prior to placing bids and allow only bidders who are prequalified to submit bids.
(3) The solicitation shall designate an opening date and time and the closing date and time. The closing date and time may be fixed or remain open depending on the structure of the item being bid.
(4) At the opening date and time, the using agency shall begin accepting online bids and continue accepting bids until the bid is officially closed. Registered bidders shall be allowed to lower the price of their bid below the lowest bid posted on the Internet until the closing date and time.
(5) Bidders’ identities shall not be revealed during the bidding process; only the successively lower prices, ranks, scores, and related bid details shall be revealed.
(6) All bids shall be posted electronically and updated on a real-time basis.
(7) The using political subdivision shall retain the right to cancel the solicitation if it determines that it is in the political subdivision’s best interest.
(8) The using political subdivision shall retain its existing authority to determine the criteria that will be used as a basis for making awards.
C. Adequate public notice for the purchases of materials, supplies, equipment, or consulting services by a political subdivision using a reverse auction shall be given as follows:
(1) The advertisement or notice shall be published two times in a newspaper in the locality, the first advertisement to appear at least fifteen days before the opening date of the reverse auction. In addition to the newspaper advertisement, a political subdivision may also publish an advertisement by electronic media available to the general public.
(2) The first publication of the advertisement shall not occur on a Saturday, Sunday, or legal holiday.
Added by Acts 2011, No. 210, § 1, eff. July 1, 2011. Amended by Acts 2021, No. 102, § 1.