A. Any state agency or local public body may either participate in, sponsor or administer a cooperative procurement agreement for the procurement of any services, construction or items of tangible personal property with any other state agency, local public body or external procurement unit in accordance with an agreement entered into and approved by the governing authority of each of the state agencies, local public bodies or external procurement units involved. The cooperative procurement agreement shall clearly specify the purpose of the agreement and the method by which the purpose will be accomplished. Any power exercised under a cooperative procurement agreement entered into pursuant to this subsection shall be limited to the central purchasing authority common to the contracting parties, even though one or more of the contracting parties may be located outside this state. An approved and signed copy of all cooperative procurement agreements entered into pursuant to this subsection shall be filed with the state purchasing agent. A cooperative procurement agreement entered into pursuant to this subsection is limited to the procurement of items of tangible personal property, services or construction. B. Notwithstanding the provisions of Subsection A of this section, a cooperative procurement agreement providing for mutually held funds or for other terms and conditions involving public funds or property included in Section 11-1-4 NMSA 1978 shall be entered into pursuant to the provisions of the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978]. C. Central purchasing offices other than the state purchasing agent may cooperate by agreement with the state purchasing agent in obtaining contracts or price agreements, and such contract or agreed prices shall apply to purchase orders subsequently issued under the agreement. History: Laws 1984, ch. 65, § 108; 1999, ch. 167, § 1. The 1999 amendment, effective June 18, 1999, in Subsection A substituted the language beginning "and approved by the governing authority of each of the state agencies" to the end of the subsection for "Joint Powers Agreements Act", added Subsection B, and redesginated former Subsection B as Subsection C. Cooperative Educational Services does not have the authority to establish a scholarship program. — The Cooperative Educational Services (CES) was created under a cooperative procurement agreement authorized by the Procurement Code, NMSA 1978, § 13-1-135, and entered into under the Joint Powers Agreements Act, NMSA 1978, §§ 11-1-1 to 11-1-7, and under this cooperative procurement agreement, the CES was designated as the agency to administer or execute the cooperative procurement agreement for the limited purpose of procuring items of tangible personal property, services or construction, and therefore a proposal for CES to establish a scholarship program for students attending state educational institutions that are parties to its cooperative procurement agreement would exceed the scope of its authority, because the scholarship program would include a disbursement of funds, not a procurement of tangible personal property, services or construction, and, moreover, the scholarship program would not be considered a service provided by CES to the educational institutions, because, as proposed, the program's purpose is to defray certain costs charged by these educational institutions. 2024 Att'y Gen. Adv. Ltr. No. 2024-01.
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