Okla. Stat. tit. 61, § 61-139: Authority to enter into cooperative purchasing agreements

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.