§ 24-110-201 — Cooperative purchasing authorized

(1) In accordance with the
provisions of this article 110 and rules promulgated by the executive director, any
public procurement unit may either participate in, sponsor, conduct, or administer a
cooperative purchasing agreement for the procurement of any supplies, services, or
construction with one or more public procurement units, external procurement
units, or procurement consortiums that include as members tax-exempt
organizations as defined by section 501 (c)(3) of the federal Internal Revenue Code
of 1986, as amended, in accordance with an agreement entered into between the
participants. Such cooperative purchasing may include, but is not limited to, joint or
multiparty contracts between public procurement units and open-ended state
public procurement unit contracts that are made available to local public
procurement units.

(1.5) With prior written approval of the chief procurement officer and under
procedures established by rule, a state public procurement unit may sponsor,
conduct, or administer a cooperative purchasing agreement with one or more public
procurement units, external procurement units, or procurement consortiums.

(2) With prior written approval of the chief procurement officer and under
procedures established by rule, a state public procurement unit may purchase
goods or services under the terms of a contract between a vendor and an external
procurement unit or a local public procurement unit without complying with the
requirements of section 24-102-202.5 and article 103 of this title 24.

(3) With written approval from the procurement official and under
procedures established by rule, a state public procurement unit may purchase
goods or services under the terms of another state public procurement unit without
complying with the requirements specified in section 24-102-202.5 and article 103
of this title 24.

(4) Unless otherwise approved by the chief procurement officer, the
procurement official shall comply with the following order of priority for the use of
cooperative purchasing agreements:

(a) First, state-issued cooperative purchasing agreements;

(b) Second, state public procurement unit cooperative purchasing
agreements; and

(c) Third, local public procurement unit or external public procurement unit
cooperative purchasing agreements.

(5) A local public procurement unit may participate in, sponsor, conduct, or
administer a cooperative purchasing agreement for the procurement of any
supplies or services as permitted by the procurement code, ordinances, and rules of
such local public procurement unit.

Legislative History

Source: L. 81: Entire article added, p. 1282, � 1, effective January 1, 1982. L. 88: Entire section amended, p. 984, � 1, effective April 6. L. 2003: Entire section amended, p. 1588, � 5, effective May 2. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 346, � 52, effective August 9. L. 2024: (4)(c) amended, (SB 24-204), ch. 306, p. 2070, � 5, effective August 7.