The school board should have its legal counsel review the provisions of R.S. 38:2212.1(N) and determine if the entity meets the statutory definition. R.S. 38:2212.1(N)(3) defines a “qualified group purchasing organization” as an organization, whether for profit or not for profit, of which two or more public school districts are members and which solicits proposals and 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.

The entity’s website (TIPS-USA.com) appears to indicate that it solicits RFPs for list item contracts from vendors; however, the website does not indicate whether two or more public school districts are currently members. The school board should document their legal counsel’s determination in its contract files.

Further, even if the entity meets the definition of a “qualified group purchasing organization,” the school board must ensure that the items in question are not currently available under State contract for a lesser amount. R.S. 38:2212.1(N)(4) The school board should contact the Office of State Procurement and document this determination in its files.

If the needed items are available under State contract, the school board may elect to purchase the items off of the State contract without bidding out the purchase.