Nebraska

Plain-language summary

Nebraska's framework for cooperative purchasing is layered and broadly permissive. The constitutional foundation is Article XV-18 of the Nebraska Constitution: 'The state or any local government may exercise any of its powers or perform any of its functions, including financing the same, jointly or in cooperation with any other governmental entity or entities, either within or without the state.' This authority is implemented through two parallel statutes. The Interlocal Cooperation Act (§§13-801 to 13-827) permits two or more public agencies to enter agreements for joint or cooperative action — including the State of Nebraska, counties, cities, school districts, public power districts, and political subdivisions of other states. The Joint Public Agency Act (§§13-2501 et seq.) provides a separate framework for creating joint public agencies. For counties specifically, the County Purchasing Act at §23-3109(1) explicitly authorizes 'a cooperative purchasing agreement by which supplies, equipment, or services are procured in accordance with a contract established by another governmental entity or group of governmental entities' — provided the contract was established in accordance with the laws applicable to the establishing entity or lead governmental entity. For state agencies, the State Procurement Act (§73-813) provides exceptions including contracts competitively bid by another state, a group of states, or a cooperative purchasing organization on behalf of a group of states or political subdivisions of other states.

Key requirements

• →Constitutional authority: Article XV-18 permits state and local governments to exercise powers jointly or in cooperation with any other governmental entity, within or without the state.
• →Under the Interlocal Cooperation Act, two or more public agencies may enter agreements with appropriate action (ordinance, resolution, or otherwise) by each participating governing body.
• →Public agencies include the State of Nebraska, counties, cities, villages, school districts, public power districts, drainage and sanitary districts, and political subdivisions of other states.
• →County Purchasing Act §23-3109(1) explicitly recognizes cooperative purchasing agreements where supplies, equipment, or services are procured under a contract established by another governmental entity.
• →The underlying contract must have been established in accordance with the laws and regulations applicable to the establishing governmental entity (or lead entity for group contracts).
• →State Procurement Act §73-813 provides exceptions including contracts competitively bid by another state, group of states, or cooperative purchasing organization on behalf of a group of states or political subdivisions of other states.
• →Public works construction projects must still comply with applicable Nebraska public works bidding statutes including the County Purchasing Act competitive bidding requirements and prevailing wage statutes.

Construction services

Nebraska is broadly construction-friendly for cooperative purchasing. The constitutional authority under Article XV-18 is intentionally broad, permitting state and local governments to exercise any of their powers jointly with other governmental entities within or without the state. The Interlocal Cooperation Act and Joint Public Agency Act provide statutory implementation, and the County Purchasing Act §23-3109(1) explicitly authorizes cooperative purchasing of supplies, equipment, or services under contracts established by other governmental entities. While the County Purchasing Act language mentions 'supplies, equipment, or services' rather than 'construction services' explicitly, Nebraska public works projects are routinely procured through cooperative arrangements under interlocal agreements — particularly via national cooperatives operating in Nebraska. Both OMNIA Partners and Region 14 ESC Texas can be used by Nebraska public agencies through interlocal agreement structures. Construction projects must still comply with applicable Nebraska public works bidding statutes (including prevailing wage requirements for state-funded projects). As always, public agencies should verify with counsel that the specific cooperative contract structure satisfies the establishing entity's procurement standards and complies with Nebraska's competitive bidding requirements for construction.