Did Louisiana public housing authorities follow the state Procurement Code or the Public Bid Law?

Plain-English summary

A federal housing lawyer asked which Louisiana purchasing law applied to public housing authorities created under state law. In 2001, the attorney general's office said these authorities were political subdivisions rather than state executive or judicial agencies. It concluded they were outside the Louisiana Procurement Code and expressly within the Public Bid Law's definition of public entities.

The opinion then described the bid and quotation thresholds that applied at the time to housing-authority public works and purchases of materials and supplies. Those historic dollar thresholds should be checked against current law before use.

Currency note

This opinion was issued in 2001. 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.

Housing authority officials at the time

The office placed housing-authority contracts under the Public Bid Law. It described advertisement and award rules for qualifying public works and supply purchases, and a quotation procedure for a middle tier of supplies.

Contractors and suppliers at the time

The applicable route depended on whether the contract was a public work or a materials-and-supplies purchase and on the then-applicable value thresholds described in the opinion.

Common questions

Q: Was a Louisiana housing authority a state agency under the Procurement Code?
A: The office said no; it classified the authority as a political subdivision.

Q: Did the Public Bid Law expressly cover housing authorities?
A: Yes. The opinion cited the statute's inclusion of “any public housing authority.”

Q: Did the opinion use the same threshold for works and supplies?
A: No. It described separate historic thresholds and procedures for each category.

Background and statutory framework

The office read R.S. 39:1554 and R.S. 39:1556(10) to identify agencies covered by the Procurement Code. It then applied R.S. 38:2211(10)'s public-entity definition and the Public Bid Law provisions for public works and materials-and-supplies contracts. The thresholds in the opinion reflected the law as it stood in 2001.

Citations and references

• R.S. 39:1554 and R.S. 39:1556(10) (Procurement Code coverage)
• R.S. 38:2211(10) (housing authority as public entity)
• R.S. 38:2212A(1)(a) & (d) (public works)
• R.S. 38:2212.1A(1)(a) & (b) (materials and supplies)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0484

Original opinion text

February 2, 2001
OPINION NUMBER 00-484

Housing Authorities
Public Funds & Public Contracts
Ms. Lorraine R. Butler
R.S. 39:1554; 39:1556(10); 38:2211; 38:2212A(1)(a) & (d);
Office of General Counsel
2212.1A(1)(a) & (b)
U. S. Department of Housing and
Public housing authorities created pursuant to Louisiana law
Urban Development
are not state agencies but rather are political subdivisions of the
501 Magazine Street, 9th Floor state or of local government bodies. Housing authorities are
New Orleans, LA 70130-3099
not subject to the Louisiana Procurement Code but are subject
to the Louisiana Public Bid Law, R.S. 38:2211-2296.

Dear Ms. Butler:

You have requested the opinion of this office on the applicability of the Louisiana Procurement Code and the Louisiana Public Bid Law to public housing authorities created pursuant to Louisiana statute.

The Louisiana Procurement Code, R. S., 39:1551-1754, is applicable to contracts paid for with public funds entered into by the any part of the executive or judicial branches of state government. R.S. 39:1554 and 1556(10). Housing authorities created pursuant to Louisiana law are not state agencies within the executive or judicial branches of state government but are rather political subdivisions of the state or of a local governing authority. As such they are subject to the provisions of the Louisiana Public Bid Law, R.S. 38:2211-2296. The definition of the public entities which are subject to that statute explicitly includes “any public housing authority”. R.S. 38:2211(10).

Under the provisions of the Public Bid Law, contracts for public works projects costing
$100,000 or more must be advertised and let by contract to the lowest responsible and responsive bidder. There are no provisions which set forth procurement requirements for smaller public works projects. R.S. 38:2212A(1)(a) & (d).

Contracts for the purchase of materials and supplies exceeding $15,000 must be advertised and let by contract to the lowest responsible and responsive bidder. Contracts for purchases of materials and supplies costing $7,500 or more, but less than
$15,000, must be made by obtaining no fewer than three telephone or fax quotations on the same specifications for the desired purchase. R.S. 38:2212.1A(1)(a) & (b). There are no provisions which set forth procurement requirements for smaller purchases.

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I trust that this answers your inquiry. Please advise if we may be of any further assistance to you in this matter.

Yours very truly

RICHARD P. IEYOUB
Attorney General

BY:
GLENN R. DUCOTE
Assistant Attorney General

RPI/GRD/dra

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SYLLABUS

53 - 1 Housing Authorities
90 - A -1 Public Funds & Public Contracts

R.S. 39:1554; 39:1556(10); 38:2211; 38:2212A(1)(a) & (d); 2212.1A(1)(a) & (b)

Public housing authorities created pursuant to Louisiana law are not state agencies but rather are political subdivisions of the state or of local government bodies. Housing authorities are not subject to the Louisiana Procurement Code but are subject to the Louisiana Public Bid Law, R.S. 38:2211-2296.

Ms. Lorraine R. Butler
Office of General Counsel
U. S. Department of Housing and Urban Development
501 Magazine Street, 9th Floor
New Orleans, LA 70130-3099

Date Received:

Date Released: February 2, 2001

Glenn R. Ducote
Assistant Attorney General