COOPERATIVE AGREEMENTS - 1611

Introduction

Public Contract Codes, Sections 10298 – 10299 allow the DGS/PD to enter into cooperative purchasing agreements with other states.

Cooperative Agreements Multi-State Contracts

Cooperative Agreements establishes cooperative multi-state contracts where participating states may join together to achieve cost-effective and efficient acquisition of quality products and services.

How to use Cooperative Agreements

When executing orders using the Cooperative Agreements  program, departments are not required to obtain three offers or document best value, but conducting price comparisons among the Cooperative Agreements suppliers, if available, is encouraged. Refer to the user instructions of each contract.

To use Cooperative Agreements:

• Define the project scope to determine which - goods and services are needed and meet all California laws, regulations and policies
• Obtain a complete copy of the Cooperative Agreements agreement (Cooperative Agreements base contract, CA participating addendum, CA terms and conditions and ordering instructions)
• Check the electronic catalog and print a copy of an e-quote supporting the order
• Obtain the proper approval for IT orders in accordance with State Administration Manual, Section 5230.1
• Execute the order using the PO, unless otherwise directed within the specific Cooperative Agreements user instructions.
• Retain all documentation in the procurement file.

Cooperative Agreements Pricing

The basis for Cooperative Agreements pricing varies. Some are fixed for the duration of the contract, while some have cost of living adjustments and others are discounted from the manufacturer’s suggested retail price. For an explanation of the pricing for a specific Cooperative Agreements contract, refer to the user guide for that contract. Pricing referenced in the user guide establishes the maximum, but not necessarily the minimum, price that can be charged.  For large orders, users are encouraged to negotiate discounts if possible.

Cooperative Agreements Contract Numbers

Many of the Cooperative Agreements contracts use the original Cooperative Agreements contract number from the Cooperative Agreements lead state.  However, contracts established beginning in 2008 use the number “7” at the start of the contracts.

Orders Exceeding Purchase Authority Dollar Threshold

Departments seeking to execute Cooperative Agreements orders over purchasing authority dollar thresholds for non-IT goods must obtain the DGS/PD/PAU approval prior to executing the purchase document.  The following information must be documented by the department and submitted to the DGS/PD/PAU using the Purchasing Authority Change Request (PACR) form:

• Identify the need for the goods and/or services and the dollar value of the impending purchase document.
• Explain how the department has determined that issuance of a purchase document to this particular contractor makes good business sense and how best value for the department has been achieved.

Upon review and approval of the documentation submitted, the DGS/PD/PAU will issue an approval letter concurring with the department’s request.  Upon receiving approval from the DGS/PD/PAU, the department may proceed to execute the order.

Amendments

Unless otherwise instructed by the user instructions, Cooperative Agreements orders that require changes can be amended without submitting NCB contract justification documentation.  Any amendment should contain the same degree of detail for changes that the original order contained.