Colorado

Plain-language summary

Colorado's cooperative purchasing authority sits in Title 24, Article 110, Part 2 of the Colorado Revised Statutes. C.R.S. §24-110-201(1) is broad and explicit: any public procurement unit may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of supplies, services, OR construction with one or more public procurement units, external procurement units (out-of-state agencies), or procurement consortiums that include 501(c)(3) tax-exempt members. The authority extends to joint or multiparty contracts and open-ended state contracts made available to local procurement units. The statute does impose a priority order under subsection (4) for state agencies: state-issued cooperative purchasing agreements first, state public procurement unit cooperative agreements second, and local or external public procurement unit cooperative agreements third — though the chief procurement officer may approve deviations. Subsection (5) gives local public procurement units broad authority for supplies and services per their own procurement codes. C.R.S. §24-110-207 confirms that participation in a compliant cooperative agreement is deemed compliance with the Colorado Procurement Code — though the statute also explicitly forbids using cooperative purchasing 'for the purpose of circumventing this code.'

Key requirements

• →The participating entity must qualify as a 'public procurement unit' under §24-110-101 (which includes county, city, municipality, political subdivisions, public authorities, educational and health institutions, and other entities that expend public funds).
• →Cooperative purchasing must occur pursuant to a formal agreement between the participants.
• →Procurement consortiums may include 501(c)(3) tax-exempt organizations as members.
• →For state agencies: priority order applies under subsection (4) — state-issued, then state public procurement unit, then local or external — unless the chief procurement officer approves deviation.
• →For state public procurement units to purchase under an external or local cooperative: prior written approval of the chief procurement officer is required, with procedures established by rule.
• →Local public procurement units have broad authority for supplies and services as permitted by their own procurement code, ordinances, and rules.
• →Cooperative agreements may not be used 'for the purpose of circumventing' the Colorado Procurement Code (§24-110-207).

Construction services

Colorado explicitly names construction in its cooperative purchasing statute. C.R.S. §24-110-201(1) authorizes cooperative purchasing for 'supplies, services, or construction' — placing Colorado among the construction-friendly states. The authority extends to external procurement units (out-of-state agencies), enabling Colorado public agencies to participate in national cooperative purchasing programs administered by organizations like OMNIA Partners or Region 14 ESC Texas. State agencies should be aware of the priority order under subsection (4) — state-issued cooperatives first — which is a procedural directive rather than a prohibition; the chief procurement officer can approve deviation. Local public procurement units have broader latitude. As with any cooperative procurement, agencies should verify with counsel that the underlying solicitation was competitively conducted in a manner appropriate for the construction services being procured.