Could a Louisiana school board use its own employees to build a school building below the public-bid threshold?

Plain-English summary

Ascension Parish School Board asked whether it could use its own employees to construct a building when the project's value was below the public-bid threshold. In 2000, the attorney general's office said no. The Public Bid Law allowed a public entity to use its employees for certain below-threshold public works, but explicitly excluded construction of buildings from that permission.

The opinion distinguished a requirement to hire a private contractor from the requirement to advertise and award by bid. It said the below-threshold building still had to be constructed by a private contractor even though the then-applicable bid law did not require advertisement and competitive bidding for that cost.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

School board officials at the time

The office concluded that the board could not assign its own employees to build the structure, even though the project was below the then-applicable contract limit.

Construction contractors at the time

The opinion required a private contractor for the below-threshold building; it did not require a public bid for that particular cost level under the law then in force.

Common questions

Q: Could school employees construct a building under the bid threshold?
A: No. The quoted statutory permission for employee-built public works excluded building construction.

Q: Did the opinion require the board to advertise and bid this below-threshold job?
A: No. It said the work still needed a private contractor, but could be below the statutory bidding requirement.

Background and statutory framework

La. R. S. 38:2212B, as quoted in the opinion, allowed employee labor for below-limit public works other than building construction. The office applied that express exception to the school board's proposed building.

Citations and references

• La. R. S. 38:2212B (public works and employee labor)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0476

Original opinion text

December 13, 2000
OPINION NUMBER 00-476

90-A-1(a) PUBLIC FUNDS & CONTRACTS -- Construction

R.S. 38:2212B
Mr. Robert J. Clouatre, Superintendent
Ascension Parish School Board
School Board may not construct buildings with its own employees
even though cost of building would be below the public bid threshold.
P.O. Box 189
Donaldsonville, LA 70346

Dear Mr. Clouatre:

You have requested the opinion of this office on the following issue:

Under the applicable provisions of the Louisiana Public Bid Law, may the School Board utilize its own employees to construct buildings that are valued at less than the threshold limit set forth in the Public Bid Law?

La. R. S. 38:2212B contains the following relevant language:

Those contracts let by any public entity for public works estimated to cost in excess of the contract limit shall be advertised and let by contract to the lowest responsible bidder. Public works, other than the construction of buildings, which are estimated to cost less than the contract limit, may be undertaken by the public entity with its own employees. [Emphasis added.]

This provision authorizes a public entity to undertake public works which cost less than the contract limit ( presently $100,000) to do so with their own employees, but explicitly excepts from that authority “the construction of buildings”. Therefore, it is our opinion that your School Board may not construct a building utilizing its own employees. Such work must be contracted to a private contractor, even though it need not be advertised and let by bid since the cost is less than the contract limit of $100,000 set forth in the Public Bid Law

I trust that this answers your inquiry. Please do not hesitate to contact me if you need further assistance with this matter.

Very Truly Yours,

RICHARD P. IEYOUB

By:
GLENN R. DUCOTE
Assistant Attorney General
RPI/GRD/dra

Page 2

Opinion Number 00-476
Syllabus

90-A-1(a) PUBLIC FUNDS & CONTRACTS -- Construction

R.S. 38:2212B

School Board may not construct buildings with its own employees even though cost of building would be below the public bid threshold.

Mr. Robert J. Clouatre, Superintendent
Ascension Parish School Board
P.O. Box 189
Donaldsonville, LA 70346

Date Received:

Date Released: December 13, 2000

Glenn R. Ducote
Assistant Attorney General