Section R7-2-1191. Cooperative Purchasing Authorized

A.      A school district may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the pro- curement of any materials, services, specified professional ser- vices, construction, or construction services with one or more eligible procurement units in accordance with an agreement entered into between the participants. An agreement entered into as provided in R7-2-1191 through R7-2-1195 is exempt from A.R.S. § 11-952(D) and (E). Parties under a cooperative purchasing agreement may:

1.        Sponsor, conduct, or administer a cooperative purchasing agreement for the procurement or disposal of any materi- als, services or construction.

2.        Cooperatively use materials or services.

3.        Commonly use or share warehousing facilities, capital equipment and other facilities.

4.        Provide personnel, except that the requesting public pro- curement unit shall pay the public procurement unit pro- viding the personnel the direct and indirect cost of providing the personnel, in accordance with the agree- ment.

5.        On request, make available to other public procurement units informational, technical or other services or soft- ware that may assist in improving the efficiency or econ- omy of procurement. The public procurement unit furnishing the informational, technical, or other services or software has the right to request reimbursement for the reasonable and necessary costs of providing such services or software.

B.       The activities described in subsections (A)(1) through (A)(5) do not limit what parties may do under a cooperative purchas- ing agreement.

C.      A nonprofit corporation shall comply with Articles 10 and 11 in any cooperative purchasing agreement the nonprofit corpo- ration administers in which a school district participates.

D.      Whether administering or purchasing from the agreement, this Section does not abrogate the responsibility of each school dis- trict to perform due diligence in order to ensure compliance with Articles 10 and 11 notwithstanding the fact that the coop- erative purchase is administered by another eligible procure- ment unit.

Historical Note

Adopted effective December 17, 1987 (Supp. 87-4). Sec- tion amended by final exempt rulemaking at 21 A.A.R.

1525, effective July 1, 2015 (Supp. 15-3).