(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.
With prior written approval of the chief procurement officer and under proceduresestablished 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.
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.
Unless otherwise approved by the chief procurement officer, the procurement officialshall comply with the following order of priority for the use of cooperative purchasing agreements:
First, state-issued cooperative purchasing agreements;
Second, state public procurement unit cooperative purchasing agreements; and
Third, 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.
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.