Louisiana

Louisiana Revised Statutes

Title 39. Public Finance

Subtitle III. General Laws on State Debt

Chapter 17. Louisiana Procurement Code

Part VII. Intergovernmental Relations

  1. REV. STAT. ANN. 39. §1701. Definitions of terms used in this Part

(1) “Cooperative purchasing” means procurement conducted by or on behalf of more than one public procurement unit or by a public procurement unit with an external procurement activity or by a private procurement unit.

(2) “External procurement activity” means any buying organization not located in this state which, if located in this state, would qualify as a public procurement unit. An agency of the United States government is an external procurement activity.

(3) “Local public procurement unit” means any parish, city, town, governmental body, and any other subdivision of the state or public agency thereof, public authority, public educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the acquisition or leasing of supplies, services, major repairs, and construction, and any nonprofit corporation operating a charitable hospital.

(4) “Private procurement unit” means any independent institution of higher education in this state.

(5) “Public procurement unit” means either a local public procurement unit or a state public procurement unit.

(6) “State public procurement unit” means the central purchasing agency and any other purchasing agency of this state.

  1. REV. STAT. ANN. 39. §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, 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.

Title 38. Public Contracts, Works and Improvements

  1. REV. STAT. ANN. 38. §3383. Cooperative endeavors

Any state agency, any parish or municipal governing authority, any regional governing authority, and the governing authority of any airport or deep draft or shallow draft port may engage in one or more cooperative endeavors under the provisions of Article VII, Section 14(C) of the Constitution of Louisiana, among themselves for the purposes of this Chapter.

Louisiana Constitution

Article VII. Revenue and Finance

Part I. General Provisions

  • 14. Donation, Loan, or Pledge of Public Credit

(C) Cooperative Endeavors. For a public purpose, the state and its political subdivisions or political corporations may engage in cooperative endeavors with each other, with the United States or its agencies, or with any public or private association, corporation, or individual.

Article VI. Local Government

Part I. General Provisions

  • 20. Intergovernmental Cooperation

Except as otherwise provided by law, a political subdivision may exercise and perform any authorized power and function, including financing, jointly or in cooperation with one or more political subdivisions, either within or without the state, or with the United States or its agencies.

Louisiana Administrative Code

Title 34. Government Contracts, Procurement, and Property Control

Chapter 27. Intergovernmental Regulations

  1. ADMIN. CODE TIT. 34, §2701. Scope
  2. This Part applies to cooperative purchasing and other cooperative activities authorized by R.S. 39:1702.
  1. ADMIN. CODE TIT. 34, §2703. Cooperative Purchasing Shall Not Adversely Affect Employees
  2. No employee of any public procurement unit participating in any cooperative purchasing activity authorized by part VII (Intergovernmental Relations) of the Louisiana Procurement Code shall suffer any loss of salary, seniority, tenure, or pension rights, or be adversely affected as a result of any such activity.
  1. ADMIN. CODE TIT. 34, §2705. Cooperative Purchasing Agreement in Form of Open-Ended State Contract
  2. 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.
  3. Any agreement between the state and a local public procurement unit entered into pursuant to R.S. 39:1702 which provides that certain open-ended state procurement contracts shall be available to the local public procurement unit, shall also provide that:
  4. the state shall conduct the procurement in compliance with the Louisiana Procurement Code;
  5. when the local public procurement unit agrees to procure any supply or service under the state contract, its requirements for such supply or service shall be obtained by placing purchase orders against the appropriate state contract in accordance with the terms and conditions of such contract;

Part XIII. University Pilot Procurement Code

Chapter 3. Purpose, Applicability and Definitions

  1. ADMIN. CODE TIT. 34, §305. Definitions

Contract—all types of university agreements; sponsored agreements including but not limited to purchase orders, for the procurement or disposal of goods and services and the generation of revenue for the university by the use of university facilities, personnel or services; contract shall not include:

  1. contracts or appointments for employment;
  2. licensing of university’s intellectual property specially regulated by the management board;
  3. cooperative endeavor agreements.

Cooperative Buying Organization (CBO)—a public or private organization that offers goods or services to subscribing public or private procurement units from vendors located in the United States who have agreed to uniform terms, conditions and pricing in accordance with an agreement entered into by the participants pursuant to a competitive award process.

Cooperative Purchasing—procurement conducted by or on behalf of more than one public procurement unit or by a public procurement unit with an external procurement activity or by a private procurement unit.

  1. ADMIN. CODE TIT. 34, §525. Exceptions to the Competitive Solicitation Process
  2. Exceptions. Exceptions to the competitive solicitation processes, when deemed in the best interest of the university, as the following, but not limited to:
  3. Office of State Purchasing contracts or state master agreements;
  4. intergovernmental or interagency contracts;
  1. Cooperative Purchasing Agreements
  2. The CPO may approve a single purchase or approve ongoing participation in a cooperative purchasing agreement as a University-wide price agreement. The CPO has the final authority to approve the university’s participation in cooperative purchasing agreements.
  3. If it is in the best interests of the university after considering:
  4. the competitiveness of pricing under the contract;
  5. the competitiveness of the solicitation and award process;
  6. the efficiencies and cost savings of using the contract.
  7. The university may participate in, conduct, sponsor or administer a cooperative purchasing agreement.

4.              A report of all group purchasing or cooperative purchasing contracts by each institution authorized under these provisions shall be provided to the Joint Legislative Committee on the Budget no later than 90 days after the end of each fiscal year. Such report shall, at a minimum, include a measurement of the savings derived from the utilization of the group purchasing or cooperative purchasing process.