A. In addition to any authority to enter an agreement pursuant to the Interlocal Cooperation Act, any school district, including a technology school district, may either participate in, sponsor, conduct or administer a cooperative purchasing agreement for the acquisition of any commodities or services with one or more public agencies 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 agencies and open-ended state public procurement contracts. Cooperative purchasing shall not include new construction. For cooperative purchasing agreements, all funds shall be applied toward chargeables under the agreements or toward direct administrative costs associated with the agreements. No entity shall take a percentage of the funds as profit under the cooperative purchasing agreement. B. Any local public procurement unit may either participate in, sponsor, conduct or administer a cooperative or piggybacking purchasing agreement for the acquisition of any commodities or services, including construction services, with one (1) or more public procurement units or external procurement units 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 which are made available to local public procurement units. Purchases made in accordance with this subsection by a local public procurement unit shall be required to satisfy any procurement regulation, including Oklahoma Central Purchasing Act, the Public Competitive Bidding Act of 1974, the Oklahoma State Finance Act, related administrative rules and federal regulations that may apply due to the federal source of the funding for the anticipated purchase. C. For purposes of this section, the following definitions apply: 1. “Local public procurement unit” shall mean, inter alia, any county, city, town, state agency, and any other subdivision of the state or public unit or agency thereof; 2. “External procurement unit” shall mean any buying organization in the United States not located in this state which, if located in this state, would qualify as a public procurement unit; 3. “Cooperative or piggybacking purchasing agreement” shall mean an agreement between a local public procurement unit and another local public procurement unit or an external procurement unit to authorize the use of a contract procured by one of the parties to the agreement to benefit the other party to the agreement. This term shall also mean an agreement that provides access to a product or service that is lower in price than a comparable product or service that is available through the usage of a statewide, multistate or multigovernmental contract issued by the Purchasing Division of the Office of Management and Enterprise Services; and 4. “New construction” shall mean any building not previously constructed that has not been occupied or used. New construction shall not mean bus barns, agriculture barns, storage buildings, batting cages, or similar structures. D. Nothing in this section shall supersede the obligation of a state agency to adhere to rules regarding statewide contracts issued by the Purchasing Division. Neither shall any provision of this section be construed to waive the obligation of a state agency to utilize a mandatory purchasing contract as designated by the State Purchasing Director.
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