Could Orleans Parish Criminal District Court buy servers directly from a state contract vendor?

Plain-English summary

In 2014, the Louisiana Attorney General said the Orleans Parish Criminal District Court had three routes to buy the planned servers, software, and switches. It could use the ordinary invitation-to-bid process, use the request-for-proposals process available for telecommunications and data-processing equipment, or buy directly from a state contract vendor under cooperative purchasing authority. The direct state-contract purchase remained subject to conditions or limits set by the Office of State Purchasing.

The court's proposed purchase exceeded $200,000. The AG described the then-applicable bid thresholds, but its main answer was that this equipment did not have to be bought through an RFP alone.

Currency note

This opinion was issued in 2014. 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

Was an RFP mandatory for the court's computer equipment?

No. The AG said the court could use an invitation to bid or an RFP, and could also purchase from a state contract vendor through cooperative purchasing.

Did the Public Bid Law apply to a court?

The opinion said the judiciary was subject to the Public Bid Law. It cited a court decision recognizing that the Procurement Code, Title 39 of the Louisiana Revised Statutes, does not apply to the legislative or judicial branches.

Could the court buy directly from any vendor without conditions?

No. The direct-purchase route described in the opinion was a purchase from a state contract vendor under cooperative purchasing, subject to conditions or limitations imposed by the Office of State Purchasing.

Background and statutory framework

The court asked whether its planned servers and related equipment had to go through an RFP or could be bought from the state contract vendor. The AG read La.Rev.Stat. 38:2212.1 for invitation-to-bid purchasing, La.Rev.Stat. 38:2234 for telecommunications and data-processing RFPs, and La.Rev.Stat. 39:1702 for cooperative purchasing. It treated servers, software, and switches as within the telecommunications category discussed.

Citations

• La.Rev.Stat. 38:2212.1 (material and supply purchasing and cooperative option).
• La.Rev.Stat. 38:2234 (RFP route for telecommunications equipment).
• La.Rev.Stat. 39:1702 (cooperative purchasing from state contract vendors).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0224

Original opinion text

~tatt of 1finui9iann
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWELL
ATTORNEY GENERAL

JAN 22 2014
Opinion 13-0224

90-A-1 PUBLIC FUNDS & CONTRACTS
Honorable Camille Buras
Chief Judge, Orleans Parish La.Rev.Stat. 38:2212.1, La.Rev.Stat. 38:2234, La.Rev.Stat. 39:1701

Criminal District Court
When procuring data processing and telecommunications equipment,
2700 Tulane Avenue
the Orleans Parish Criminal District Court may use either the invitation
to bid process authorized by La.Rev.Stat. 38:2212.1, the request for
New Orleans, LA 70119
proposal process authorized by La.Rev.Stat. 38:2234 et seq., or the
Court may purchase the equipment diredly from the state contract vendor as authorized by La.Rev.Stat. 39:1702.

Dear Judge Buras:

Your request for an Attorney General's Opinion has been assigned to me for research and reply. You have asked for our opinion on a matter related to Louisiana's Public Bid Law. La.Rev.Stat. 38:2211, et seq. According to your request, the Orleans Parish Criminal District Court ("Court") is prepared to purchase new servers and attendant software, switches, etc. The proposed expenditure will be well over $200,000, and all equipment purchased will be under state contract. You ask for our opinion as to whether the proposed purchase must be accomplished via the request for proposal ("RFP") process, or whether the Court may purchase the equipment directly from the, state contract vendor.

As recognized by Attorney General Opinion No. 89-0141, the judiciary is subject to the provisions of Louisiana's Public Bid Law. (La.Rev.Stat. 38:2211 et seq.) See also Anne Lind & Associates v. Orleans Private Industry Council, 95-0462 (La.App. 4 Cir. 3/14/96), 673 So.2d 227, recognizing. that Title 39 of the Louisiana Revised Statutes, often referred to as the Procurement Code, does not apply to the legislative or judicial branches of government.

Under Louisiana's Public Bid Law, contracts for the purchase of materials and supplies exceeding $30,000 must be advertised and let by contract to the lowest responsible and responsive bidder. La.Rev.Stat. 38:2212.1 (A)(1 )(a). This is commonly referred to as the invitation to bid ("ITB") method. Contracts for the purchase of materials and supplies costing $10,000 or more, but less than $30,000, must be made by obtaining no fewer than three telephone or facsimile quotations. La.Rev.Stat. 38:2212.1(A)(1)(b). For purchases of less than $10,000, there is no prescribed procurement method.

Page 2

Opinion 13-0224
Hon.Camilie Buras
Page -2­

In addition to the customary ITS method for purchases of $30,000 or more, Louisiana's Public Bid Law allows political subdivisions to use the RFP process when procuring telecommunications or data processing systems, equipment, and related services. La.Rev.Stat. 38:2234, et seq. La.Rev.Stat. 38:2236 defines telecommunications equipment, systems, and related services as equipment and means to provide electronic transmission facilities, data transmission systems, voice transmission systems, telephone systems, facsimile systems, radio paging services, mobile telephone services, intercom and electro-mechanical paging systems, and any and all systems based on emerging and future telecommunication technologies. relative to the above-menti.oned systems. In our view, equipment such as servers, attendant software, and switches appear to be in accord with the definition of telecommunications equipment and systems provided for in La.Rev.Stat. 38:2236. It is therefore the opinion of this office that equipment such as servers, attendant software and switches may be procured by either the invitation to bid process authorized pursuant to La.Rev.Stat. 38:2212.1 or the request for proposal process authorized by La.Rev.Stat. 38:2234, et seq.

Additionally, we note that La.Rev.Stat. 38:2212.1 (F) provides that any public entity may purchase materials, supplies, and equipment pursuant to the cooperative purchasing provisions of Part VII of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes. Further, La.Rev.Stat. 39:1702(A)(1) specifically provides, in pertinent part, the fol~owing:

§ ;1702. Cooperative purchasing authorized; participation in federal General Services Administration vendor list

A. (1) Any public procurement unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the acquisition of any supplies, services, major repairs, or construction with one or more public procurement units or external procurement activities or one or more private procurement units in accordance with an agreement­ entered into between the participants. Such cooperative purchasing may include but is not limited to joint or multi-party contracts between public procurement units and open-ended state public procurement unit contracts which are made available to local public procurement units.

Our reading of Part VII of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes, and specifically La.Rev.Stat. 39:1702(A)(1), is that these provisions provide an alternative to the ITB and RFP processes referenced above, and authorize the Court to purchase materials and supplies directly from a state contract vendor, subject to any conditions or limitations imposed by the Office of State Purchasing.

Page 3

Opinion 13-0224
Hon. Camille Buras
Page -3­

Accordingly, it is the opinion of this office that, in addition to using the procurement methods set forth in La. Rev.Stats. 38:2212.1 and 38:2234, et seq., the Court is also authorized to purchase the contemplated new servers, attendant software, switches, etc. directly from the state contract vendor pursuant to La.Rev.Stat. 39:1702.

We trust this adequately responds to your request. If you should have any questions about the response contained herein, please feel free to contac~ our office.

Yours very truly,

JAMES D. "BUDDY" CALDWELL
ATTOR GENERAL

BY:

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