19-11-249. Cooperative purchasing.

19-11-249. Cooperative purchasing. (a)(1) A public procurement unit may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the acquisition of commodities or services in accordance with an agreement entered into between the participants. (2)(A) A cooperative purchasing agreement is limited to commodities and services for which the public procurement unit may realize savings or material economic value, or both. (B)(i) For cooperative purchasing agreements entered into by a state agency, the State Procurement Director shall consider the economic justification for using a cooperative purchasing agreement when granting or withholding approval for the cooperative purchasing agreement. (ii) The director shall adopt rules to create a review policy outlining how the economic justification required under this section may be demonstrated, including without limitation a comparison of: (a) Current state contract pricing and the pricing under a cooperative purchasing agreement; or (b) Information obtained from a request for information and pricing under a cooperative purchasing agreement. (C) The director and the Secretary of the Department of Finance and Administration shall submit any request for the Office of State Procurement or the Department of Finance and Administration, respectively, to participate in a cooperative purchasing agreement to the Governor for approval. (b)(1)(A) The director shall present an annual report of all purchases made under cooperative purchasing agreements by a state agency without an agency procurement official under this section to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee. (B) A state agency that has an agency procurement official shall present an annual report of all purchases made under cooperative purchasing agreements under this section to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee. (2) The reports required under this subsection shall be in the format required by the Legislative Council and shall include the following: (A) The name of the contractor; (B) The name of the procuring agency; (C) The contact information for the contractor and procuring agency; (D) The total cost of the contract, including all available extensions; (E) A description of the goods or services procured; and (F) Any other information requested by the Legislative Council or the Joint Budget Committee. (c) A contractor shall cooperate with the director in providing information necessary for the director to complete the report required under subsection (b) of this section.