38:2251

Title 38. Public Contracts, Works and Improvements

Chapter 10. Public Contracts

Part IV. Purchase of Materials, Supplies and Provisions

38:2251 Preference for products produced or manufactured in Louisiana; exceptions

A. As used in this Section, the following terms shall have the following meanings ascribed to them:

(1) “Assembled” means the process of putting together all component parts of an item of equipment by the manufacturer when the assembly plant is located within the territorial borders of the state of Louisiana. “Assembled” also means the assembly of computers and related equipment when such assembly takes place in Louisiana. “Assembled” shall not mean the process of reassembling parts packed for shipping purposes.

(2) “Louisiana Products” means products which are manufactured, processed, produced, or assembled in Louisiana.

(3) “Manufactured” means the process of making a product suitable for use from raw materials by hand or by machinery. “Manufactured” shall not mean the process of assembling component parts.

(4) “Meat” and “meat product” means beef, veal, pork, mutton, poultry, and other meats, and products made from those meats.

(5) “Other products” includes “other meat”, “other meat products”, “other seafood”, and “other seafood products” and means products which are produced, manufactured, grown, processed, and harvested outside the state.

(6) “Processed” means the alteration of any raw product altered from its original state to enhance its value or render it suitable for further refinement or marketing.

(7) “Produced” means the process of manufacturing, planting, cultivating, growing, or harvesting.

(8) “Seafood” means crawfish, catfish, other fish, shrimp, oysters, crabs, underutilized species, and other seafood and freshwater food.

B. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases agricultural or forestry products, including meat, seafood, produce, eggs, paper and paper products under the provisions of this Chapter shall procure or purchase Louisiana products provided all of the following conditions are met:

(1) The bidder certifies in the bid submitted that the product meets the criteria of a Louisiana product.

(2) The product is equal or better than equal in quality to other products.

(3) The cost of the Louisiana product shall not exceed the cost of other products by more than ten percent except as otherwise provided in this Chapter as a specific exception.

C. In addition to the requirements listed in Subsection B of this Section, the following products shall meet the following specific requirements:

(1) Produce shall be produced in Louisiana and produce products shall be produced and processed in Louisiana.

(2) Eggs shall be laid in Louisiana and egg products shall be processed from eggs laid in Louisiana.

(3) Meat and meat products shall be processed in Louisiana from animals that originated in Louisiana, as evidenced by traceability documentation supplied by the manufacturer.

(4)(a) Seafood shall be:

(i) Harvested in Louisiana seas or other Louisiana waters; or

(ii) Harvested by a person who holds a valid appropriate commercial fishing license issued under R.S. 56:1 et seq.

(b) Products produced from such seafood shall be processed in Louisiana.

(5) Domesticated catfish shall be processed in Louisiana from animals which were grown in Louisiana.

(6) Paper and paper products shall be manufactured or converted in Louisiana. For the purposes of this Paragraph, “manufactured” shall mean the process of making a product suitable for use from raw materials by hand or by machinery, and “converted” shall mean the process of converting roll stock into a sheeted and fully packaged product in a full-time converting operation. For paper supplied in wrapped reams, each carton and each individual ream shall be clearly labeled with the name of the manufacturer or converter and the location within Louisiana where such paper is manufactured or converted. For paper and paper products supplied in bulk or in other forms, the smallest unit of packaging shall be clearly labeled with the name of the manufacturer or converter and the location within Louisiana where such paper or paper product is manufactured or converted.

(7) All other agricultural or forestry products shall be produced, manufactured, or processed in Louisiana.

D. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases products under the provisions of this Part shall procure or purchase meat and meat products which are further processed in Louisiana under the grading and certification service of the Louisiana Department of Agriculture and Forestry and which are equal in quality to other meat and meat products, provided the cost of the further processed meat and meat products does not exceed the cost of other meat or meat products by more than seven percent.

E. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases products under the provisions of this Part shall procure or purchase domesticated or wild catfish which are processed in Louisiana but grown outside of Louisiana and which are equal in quality to domesticated or wild catfish which are processed outside of Louisiana provided the cost of the domesticated or wild catfish which are processed in Louisiana does not exceed the cost of the domesticated or wild catfish which are processed outside of Louisiana by more than seven percent.

F. The provisions of this Section shall not apply to a drainage district or sewerage and water board located in the city of New Orleans wherein the cost of products produced or manufactured in the state of Louisiana does not exceed by more than five percent the cost of products which are equal in quality to products produced or manufactured outside of the state in purchases of one million dollars or more, as provided by Acts 880 and 693 of the 1985 Regular Session of the Louisiana Legislature.

G. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases products under the provisions of this Part shall procure or purchase produce processed in Louisiana but grown outside of Louisiana and which is equal in quality to produce processed and grown outside of Louisiana provided the cost of the produce processed in Louisiana does not exceed the cost of the produce processed outside of Louisiana by more than seven percent.

H. Except as otherwise provided in this Section, each procurement officer, purchasing agent, or similar official who procures or purchases materials, supplies, or equipment under the provisions of this Chapter may purchase materials, supplies, or equipment which are Louisiana products, as defined in Paragraph (A)(2) of this Section, and which are equal in quality to other materials, supplies, or equipment, provided that all of the following conditions are met:

(1) The cost of the Louisiana products does not exceed the cost of other materials, supplies, or equipment which are manufactured, processed, produced, or assembled outside the state by more than ten percent.

(2) The vendor of Louisiana products agrees to sell the products at the same price as the lowest bid offered on such products.

(3) In cases where more than one bidder offers Louisiana products which are within ten percent of the lowest bid, the bidder offering the lowest bid on Louisiana products is entitled to accept the price of the lowest bid made on such products.

(3) In cases where more than one bidder offers Louisiana products which are within seven percent of the lowest bid, the bidder offering the lowest bid on Louisiana products is entitled to accept the price of the lowest bid made on such products.

I. The provisions of this Section shall not apply to the procurement or purchase of fire fighting or rescue equipment.

J. Notwithstanding any other provision of this Section to the contrary, such preferences shall only apply to bidders whose Louisiana business workforce is comprised of a minimum of fifty percent Louisiana residents.

K. Notwithstanding any other provision of this Section to the contrary, such preference shall not apply to Louisiana products whose source is a clay which is mined or originates in Louisiana, and which is manufactured, processed, or refined in Louisiana for sale as an expanded clay aggregate form different than its original state. No provision of this Subsection shall affect the preferences applicable to brick manufacturers.

L. The provisions of this Section shall not apply to treated wood poles and piling.

Added by Acts 1958, No. 318, § 1. Amended by Acts 1980, No. 211, § 1; Acts 1981, No. 157, § 1; Acts 1981, No. 851, § 1; Acts 1983, No. 618, § 1, eff. July 14, 1983; Acts 1987, No. 778, § 1; Acts 1990, No. 449, § 1, eff. July 18, 1990; Acts 1993, No. 577, § 1, eff. June 15, 1993; Acts 1993, No. 1032, § 1, eff. July 1, 1993; Acts 1995, No. 1255, § 1; Acts 1999, No. 854, § 1, eff. July 2, 1999; Acts 2000, 1st Ex.Sess., No. 123, § 1, eff. July 1, 2000; Acts 2000, 1st Ex.Sess., No. 123, § 3, eff. if § 1 held invalid; Acts 2001, No. 644, § 1; Acts 2001, No. 693, § 1, eff. July 1, 2001; Acts 2003, No. 744, § 1, eff. June 27, 2003; Acts 2003, No. 1175, § 1, eff. July 3, 2003; Acts 2011, 1st Ex.Sess., No. 5, § 1; Acts 2014, No. 575, § 1, eff. June 9, 2014.