Mississippi
Mississippi Code §31-7-13(m)(xxix) provides an exemption from competitive bidding requirements for cooperative purchasing — but it requires prior approval by the Office of Purchasing and Travel and includes specific procedural requirements that must be met by the cooperative's original solicitation.
Bid Requirements and Exceptions; Public Auctions — Cooperative Purchasing Exception Miss. Code §31-7-13(m)(xxix)
"Purchases made by certified purchasing offices of state agencies or governing authorities under cooperative purchasing agreements previously approved by the Office of Purchasing and Travel and established by or for any municipality, county, parish or state government or the federal government, provided that the notification to potential contractors includes a clause that sets forth the availability of the cooperative purchasing agreement to other governmental entities."
— Miss. Code §31-7-13(m)(xxix), Bid Requirements and Exceptions; Public Auctions — Cooperative Purchasing Exception
Plain-language summary
Mississippi's cooperative purchasing authority sits within the state's main public purchasing statute (Miss. Code §31-7-13) as an exception to the general competitive bidding requirement. Under §31-7-13(m)(xxix), certified purchasing offices of state agencies or governing authorities may make purchases under cooperative purchasing agreements that have been previously approved by the Mississippi Office of Purchasing and Travel (OPT). To qualify, the original solicitation must have included a clause notifying potential contractors of the agreement's availability to other governmental entities, and the using agency must determine that the cooperative purchase is in its best interest. Note that the cooperative purchasing exception interacts with Mississippi's reverse-auction requirement — but Mississippi specifically exempts construction from the reverse-auction requirement.
Key requirements
- →The purchasing entity must be a "certified purchasing office" of a state agency or governing authority.
- →The cooperative purchasing agreement must have been previously approved by the Mississippi Office of Purchasing and Travel (OPT).
- →The original cooperative agreement must have been established by or for a municipality, county, parish, or state or federal government.
- →The original solicitation notification to potential contractors must have included a clause setting forth the availability of the cooperative purchasing agreement to other governmental entities.
- →The using entity must determine that the cooperative purchase is in its best interest.
- →Documentation of the best-interest determination should be maintained as part of the procurement file.
Construction services
Mississippi's cooperative purchasing exception in §31-7-13(m)(xxix) applies broadly to purchases by state agencies and governing authorities, and notably, Mississippi specifically exempts construction-related contracts from the state's reverse-auction requirement. The statutory text provides: "reverse auction shall not be used for any public contract for design, construction, improvement, repair or remodeling of any public facilities, including the purchase of materials, supplies, equipment or goods for same and including buildings, roads and bridges." This means construction services procured through approved cooperative purchasing agreements remain valid under Mississippi law. Agencies should confirm that the specific cooperative purchasing agreement is on the OPT's approved list before proceeding with a construction procurement.
How Mississippi agencies access our contracts.
LNC holds multiple cooperative purchasing contracts through OMNIA Partners and Region 14 ESC Texas, all of which are available to public agencies in Mississippi under Miss. Code §31-7-13(m)(xxix).
Your agency can use our contracts to procure construction services through certified Affiliate Vendors. Every Affiliate proposal is audited and certified by LNC before reaching you.
Talk to LNC About Your Project →This summary is provided for general informational purposes only and is not legal advice. Mississippi's procurement code may have been amended since this content was prepared. Confirm the current text of Miss. Code §31-7-13(m)(xxix) and consult your jurisdiction's legal counsel before relying on this authority for a specific procurement.