Did Jefferson Parish School Board have to use public bids for maintenance service contracts?

Plain-English summary

The Jefferson Parish School Board asked whether its process for awarding maintenance service contracts complied with Louisiana's Public Bid Law. The Attorney General said service contracts were not subject to that law's bidding requirements. It considered a request for proposals a valid way to select a contractor while weighing relevant factors besides price, and saw no problem with the board's policy and procedures as presented.

The opinion also cautioned that much of the work handled under a “maintenance service” label might meet the statute's definition of public work. It identified a $100,000 threshold for public-work bids at the time and said state law prescribed no procedures below that amount. The conclusion was tied to the board's described contracts and policy.

Currency note

This opinion was issued in 2002. 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.

Common questions

Did the Public Bid Law require bids for service contracts in this opinion?
No. The AG said Louisiana courts had held that contracts for services were outside the statute's bid requirements.

Could the board use requests for proposals and consider more than price?
Yes. The opinion said a request for proposals was a valid method for selecting a contractor using relevant factors beyond cost.

Did calling a job “maintenance service” settle whether it was public work?
No. The opinion said much of the covered maintenance work could meet the statutory definition of public work, which included repair or improvement of a public facility or immovable property.

Background and statutory framework

The opinion discussed La. R.S. 38:2211-2296 and cited Louisiana appellate decisions on service contracts. It quoted the definition of public work in 38:2211A(11) and considered the board's procedures for contracts over $15,000. The dollar thresholds reflect the law and policy described in 2002; the opinion did not evaluate later changes.

Citations and references

• La. R.S. 38:2211-2296 (Public Bid Law range cited in the opinion)
• 38:2211A(11) (definition of public work quoted in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0152

Original opinion text

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DEPARTMENT OF JUSTICE
One American Place
301 Ma~n Street, Suite 600
CIVIl DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
FAX: (225) 342-2090
RICHARD P. IEYOUB
70804-900.5
ATTORNEY GENERAL

AUG 2 1 Z002
OPINION NUMBER 02-0152

90-A- 1 PUBLIC FUNDS & CONTRACTS

Mr. Jack A. Grant, Attorney R.S. 38:2211-2296; 38:2211A(11)

Jefferson Parish School Board Contracts for services are not required to be bid under the Public Bid
P.O. Box 484
Law. A "request for proposals" is a valid method to evaluate potential
contractors to consider relevant factors in addition to cost.
Gretna, LA 70054

Dear Mr. Grant:

On Behalf of the Jefferson Parish School Board (Board) you have requested the opinion of this office on the applicability of the Public Bid Law to the award of maintenance service contracts.

In connection with your request you have furnished us with the Policy and Procedures Manual of the Maintenance Department of the Board relating to the administration of maintenance service contracts.

While the Board is subject to the Louisiana Public Bid Law, La. R.S. 38:2211-2296, when contracting for public works or the purchase of materials and supplies, our courts have held that contracts for services are not subject to the requirements of that statute. Lafourche Parish Water District No. 1 v. Carl Heck Engineers, Inc. (La.App. 1= Cir. 1977) 346 So.2d 769; BFI, Inc. v. City of Monroe (La.App. 2d Cir. 1985) 465 So.2d 882.

While we are not aware of any other statute which would prescribe a method for award of such contracts for services, regardless of contract price, it is prudent that the Board has established procedures for award of contracts over $15,000. A request for proposals process would be a valid means of selecting a contractor, giving weight to relevant factors in addition to price.

It is possible that much of the work which is undertaken through the Board’s "maintenance service contracts" would be considered as "public work" as defined in La. R.S.
38:2211A(11). That definition describes "public work" as "the erection, construction, alteration, improvement, or repair of any public facility or immovable property owned, used, or leased by a public entity."

This is not likely a problem since the threshold at which public bids are required for public works is $100,000. Below that amount, no procedures are prescribed in state law.

Page 2

Opinion Number 02-0152
Mr. Jack A. Grant, Attomey
Jefferson Parish School Board
Page -2-

Based on the above, we see no problem with the Boards policy and procedures for
maintenance service contracts.

Yours very truly,

RICHARD P. IEYOUB
Attorney General

BY: .
GLENN R. DUCOT-~
~.~_..--~;Assistant Attorney General

RPI/GRD/dam