Iowa

Plain-language summary

Iowa's framework for cooperative purchasing sits in Iowa Code Chapter 28E — 'Joint Exercise of Governmental Powers.' Adopted in 1965, Chapter 28E is one of the most expansively-used intergovernmental cooperation statutes in the country. The core principle in §28E.3 is that any power or authority exercised or capable of exercise by a public agency of Iowa may be exercised and enjoyed jointly with any other public agency having such power. Section 28E.4 provides the operative authority: any public agency of Iowa may enter into an agreement with one or more public OR private agencies for joint or cooperative action, including creation of a separate entity. Public agencies include political subdivisions of Iowa, state government agencies, federal agencies, and political subdivisions of other states. The procedural requirements are modest: appropriate action by ordinance, resolution, or otherwise by each governing body, plus filing of the agreement with the Iowa Secretary of State (§28E.8). For interstate agreements (between Iowa public agencies and public agencies of another state or the United States), §28E.9 requires Iowa Attorney General approval — a one-time procedural step that confirms the agreement is in proper form and compatible with Iowa law. Once approved, the agreement has the status of an interstate compact. 28E agreements are widely used in Iowa for everything from law enforcement and emergency services to procurement — and the U.S. Communities / OMNIA Partners Master Intergovernmental Cooperative Purchasing Agreement (MICPA) is structured specifically to comply with Iowa's intergovernmental cooperative requirements.

Key requirements

• →Any public agency of Iowa may enter into a joint or cooperative agreement with one or more public or private agencies.
• →Public agencies include political subdivisions of Iowa, state government agencies, federal agencies, and political subdivisions of other states.
• →Appropriate action by ordinance, resolution, or otherwise by each participating governing body is required before any agreement takes effect.
• →The agreement must be filed electronically with the Iowa Secretary of State (§28E.8) before entry into force.
• →Section 28E.5 specifies required terms: purpose, duration, organization/composition of any separate entity, manner of financing, and termination provisions.
• →Interstate agreements (between Iowa public agencies and out-of-state public agencies) require Iowa Attorney General approval under §28E.9 — a one-time procedural step that confirms the agreement is in proper form and compatible with Iowa law.
• →Once approved, interstate cooperative agreements have the status of an interstate compact.
• →Construction projects procured through cooperative arrangements must still comply with Iowa's public works bidding statutes, prevailing wage requirements, and any applicable architectural/engineering competitive selection rules under Iowa Code §314.1B.

Construction services

Iowa Code Chapter 28E provides one of the most flexible intergovernmental cooperation frameworks in the country, and is well-suited to cooperative construction procurement. The OMNIA Partners Master Intergovernmental Cooperative Purchasing Agreement (MICPA) explicitly references compliance with Iowa's intergovernmental cooperative act, demonstrating that the framework supports national cooperative purchasing arrangements. Iowa public agencies — counties, cities, school districts, and state agencies — routinely use 28E agreements for procurement including construction-related services. The §28E.9 Iowa Attorney General approval requirement for interstate agreements is a one-time procedural step (not a per-transaction hurdle), and national cooperatives like OMNIA Partners have structured their participation agreements to navigate this process. Iowa public works construction continues to be subject to applicable competitive bidding statutes and prevailing wage requirements where they apply, and architectural and engineering services over the threshold in Iowa Code §314.1B(2) require formal competitive selection. As always, public agencies should engage counsel to verify the specific 28E framework being used (whether through MICPA or a direct intergovernmental agreement) and ensure compliance with any project-specific Iowa public works requirements.