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SC/NC Procurement Codes

South Carolina Law Codes: Cooperative Purchasing Authorized.

2013 South Carolina Code of Laws • Title 11 - Public Finance CHAPTER 35 - SOUTH CAROLINA

CONSOLIDATED PROCUREMENT CODE SECTION 11-35-4810. Cooperative purchasing authorized.

Universal Citation: SC Code § 11-354810 (2013)

Any public procurement unit may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies, services, or construction with one or more public procurement units or external procurement activities in accordance with an agreement entered into between the participants. Such cooperative purchasing may include, but is not limited to, joint or multi-party contracts between public procurement units and open-ended state public procurement unit contracts which shall be made available to local public procurement units, except as provided in Section 11-35-4820 or except as may otherwise be limited by the board through regulations.

However, thirty days’ notice of a proposed multi-state solicitation must be provided through central advertising and such contracts may be only awarded to manufacturers who will be distributing the products to South Carolina governmental bodies through South Carolina vendors; provided, however, that the provisions of this paragraph do not apply to public institutions of higher learning if the institution demonstrates a cost savings to the Office of State Procurement in regard to the multi-state solicitation and procurement.

HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2011 Act No. 74, Pt V, Section 8, eff August 1, 2011.

North Carolina Law Codes: Cooperative Purchasing Authorized

Title 01 - North Carolina Administrative Code (NCAC) SECTION 01 NCAC 05B .1513 - Cooperative Purchasing General Statutes § 143-129(e)(3) – Exceptions to Competitive Bidding Requirements Universal Citation: NCAC § 01-05B.1513;

N.C. Gen. Stat. § 143-129(e)(3)

In North Carolina, the procurement code governs the purchasing processes for state and local government entities to ensure fairness, transparency and efficiency. The N.C. State Division of Purchase & Contract emphasizes these 3 conditions for the procurement of products and services Cooperative purchasing agreements may include joint or multi-party contracts between public procurement units and competitive bid group purchasing programs. Such contracts are authorized under the following: NCAC 01-05B.1513: Agencies participating in cooperative projects with other governmental units or charitable non-profit organizations may acquire goods and services required for their operations. Acquisitions must adhere to standard procurement rules unless authorized by the State Purchasing Officer (SPO). General Statutes § 143-129(e)(3): Exceptions to competitive bidding requirements allow public procurement units to participate in formally organized group purchasing programs offering competitively obtained services or goods at discounted rates to multiple public agencies. NC Cooperative purchasing agreements must ensure compliance with relevant statutes and administrative rules to promote costeffectiveness and procurement efficiency.

HISTORY: 2013, N.C. Session Law 2013-234, Section 4, effective July 1, 2013; 2019, N.C. Session Law 2019-236, Section 2, effective January 1, 2020