Cooperative Purchasing Under Idaho Law

Oct 27, 2020 | Construction Law, Business

Cooperative purchasing allows for strategic “aggregating” of spending among several public entities. When used in conjunction with Job Order Contracting, smaller public entities can access the benefits of Job Order Contracting without establishing a separate program. Generally, one entity will lead the purchasing process, saving transaction and administrative costs for other entities.

Cooperative purchasing is permitted under Idaho law in order to promote efficiency and cost-effective procurement of goods, services, and public works construction, among political subdivisions. See Idaho Code § 67-2801. Idaho Code § 67-2807 provides:

With the approval of its governing board, a political subdivision may participate in cooperative purchasing agreements with the state of Idaho, other Idaho political subdivisions, other government entities, or associations thereof. Political subdivisions may also participate in cooperative purchasing programs established by any association that offers its goods or services as a result of competitive solicitation processes. Goods or services procured by participation in such cooperative agreements or programs shall be deemed to have been acquired in accordance with the requirements of this chapter.

A political subdivision is broadly defined and includes “the state of Idaho, or any county, city, school district . . . or any other taxing subdivision or district of any public or quasi-public corporation of the state, or agency thereof, or with any other public board, body, commission, department or agency, or officer or representative thereof.” Idaho Code § 67-2809.

Political subdivisions are permitted to participate in cooperative purchasing agreements with other political subdivisions, as well as with other associations that utilize a competitive solicitation process under the statute. 

If you need any assistance navigating the cooperative purchasing process or drafting a cooperative purchasing agreement, contact our office. 

This blog post is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. This blog does not provide legal advice. This blog does not create an attorney-client relationship between you and Smith + Malek, PLLC. If you want to create an attorney-client relationship and have specific questions regarding the application of the law to your own circumstances, you should contact our office.