§ 39:1702 — Cooperative purchasing authorized; participation in federal General Services

§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,
personal, professional, consulting, and social 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.
(2) Any public procurement unit may procure materials, supplies, and equipment
from federal General Services Administration supply schedules in accordance with rules and
regulations which may be adopted by the central purchasing agency of the division of
administration. Such purchases need not comply with the competitive bidding requirements
of this Chapter. However, such materials, supplies, or equipment shall not be purchased at
a price higher than the price of the same item listed on any available state procurement
contract.
(3) Any public procurement unit may procure materials, supplies, equipment, and
services related to homeland security from federal General Services Administration supply
schedules. Such purchases shall:
(a) Utilize a Louisiana distributor.
(b) Use the competitive ordering procedures of the federal General Services
Administration.
(c) Receive prior approval from the director of the Governor's Office of Homeland
Security and Emergency Preparedness, or his designee.
B.(1) A private procurement unit acquiring supplies through cooperative purchasing
shall acquire such supplies for its own use and not for the purpose of resale in competition
with private enterprise.
(2) A private procurement unit shall certify to the vendor with each order that the
supplies covered thereby are to be acquired for its own use and not for the purpose of resale
in competition with private enterprise and shall provide a copy of such certification to the
central purchasing agency within the division of administration.
(3) Upon certification by the commissioner of administration that the purchase of one
or more types of supplies by a private procurement unit under this Section may adversely
affect the interests of the state by impeding the ability of the division of administration to
attract responsible bidders for such supplies, the governor shall have the authority to limit
or eliminate the right of a private procurement unit to purchase such types of supplies to the
extent necessary to eliminate the adverse affect on the state.
C. No use shall be made of federal General Services Administration supply
schedules under the provisions of this Section without the participation of a Louisiana
licensed dealer or distributor.

Legislative History

Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Acts 1984, No. 922, §1; Acts 1995, No. 1255, §2; Acts 2001, No. 868, §1, eff. June 26, 2001; Acts 2003, No. 575, §2, eff. June 27, 2003; Acts 2006, 1 st Ex. Sess., No. 35, §8, eff. March 1, 2006; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2025, No. 5, §1, eff. June 11, 2025.