Answer

If the school board meets all the requirements of R.S. 38:2212.1(N), it may be able to purchase directly from the Group Purchasing Organization. R.S. 38:2212.1(N), allows any public school district or public school to enter into an agreement with one or more qualified group purchasing organizations for the purchase of materials, equipment, and supplies, including any installation thereof. · Any such agreement requires the qualified group purchasing organization submit a price list for those materials, equipment, and supplies offered by it and that the prices quoted on the list remain in effect for a stated period of not less than three months. · Any such price list shall be considered, for all purposes, to be a valid and binding bid by the qualified group purchasing organizations during the effective period of the agreement, and no additional bid by the qualified group purchasing organization is necessary. Price lists submitted by a qualified group purchasing organization are not public records and shall not be available for inspection; however, the agreement setting forth the existence of the price list and the effective date thereof is a public record. That portion of the price list setting forth the price of the materials, equipment, or supplies being purchased shall become a public record at the time of opening bids or upon the execution of a contract for the purchase of materials, equipment or supplies. A “qualified group purchasing organization” means an organization, whether for profit or not for profit, of which two or more public school districts are members and that solicits proposals or bids from vendors of materials, equipment, or supplies of the type and nature as may be purchased by a public school district or public school. A school board may purchase materials, equipment, or supplies directly from or through a qualified group purchasing organization if the price is less than that for the same or substantially similar materials, equipment, or supplies on the state contract or bid list. A school board may also purchase materials, equipment, or supplies directly from or through a qualified group purchasing organization if the same or substantially similar materials, equipment, or supplies are not under State contract or on the State bid list. The school board should have its legal counsel review the GPO’s contract information and determine if all of the requirements of R.S. 38:2212.1(N) are met. If the school board determines that the requirements of R.S. 38:2212.1(N) are not met, the School Board is required to comply with the Public Bid Law for the purchase of software. If the purchase is $30,000 – 60,000, the school board is required to get and document in its files at least 3 quotes via telephone, fax, email, or other electronic printable format. If the purchase is over $60,000, the school board shall bid out the purchase, unless another exception applies. One such exception can be found in R.S. 38:2234, et seq. Under this exception the school board can purchase the software and related services using a Request for Proposals (RFP) process as outlined in R.S. 38:2237. For additional information on the RFP process, please see Q. 65 of the LLA’s Public Bid Law FAQ which can be found on the Legal Assistance page. Louisiana Legislative Auditor website: 05/22/2025 12:31:27 AM