La. Admin. Code tit. 34 § V-329
Current through Register Vol. 50, No. 9, September 20, 2024
Section V-329 - Tie Bids [Formerly LAC 34:I.529]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; orb. 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).La. Admin. Code tit. 34, § V-329
Promulgated by the Office of the Governor, Division of Administration, Office of State Purchasing, LR 8:330 (July 1982), amended LR 21:566 (June 1995), repromulgated LR 40:1353 (July 2014), LR 40:2553 (December 2014), Amended by the Office of the Governor, Division of Administration, Office of State Procurement, LR 44754 (4/1/2018).AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1581.