NCPP Legislative Advocacy Activities

Part of NCPP"s mission is to support or oppose new legislation/activities that expand or limit the use of cooperative procurement by a state, political subdivisions or educational institutions. As such, a Legislative Advocacy Working Group meets regularly to discuss these ideas and to propose action. Two items of note for our members:

Ohio Attorney General Opinion Regarding Ohio Joint Purchasing Authority

The Ohio Attorney General has released an opinion (2024 Att’y Gen. No. 2024-003) regarding the Ohio joint purchasing authority and provides clarity as to what types of “services” are allowed under R.C. 9.48. Previously, the Attorney General had determined that the term “services,” as used in the Ohio joint purchasing authority (R.C. 9.48), may not include “construction” or “construction services.” 2019 Att’y Gen. No. 2019-028. The latest Attorney General opinion confirms that “services” as the term is used in R.C. 9.48 encompasses services related to installation, maintenance, repairs as well as similar types of activities. This Opinion confirms that, as long as the services acquired under R.C. 9.48 fall within the common, ordinary meaning of “service” and does not entail “construction,” then it is likely permitted. The determination of whether a service is within the ordinary meaning of services or is a construction service is a question of fact, over which the Attorney General cannot opine. 

Oklahoma Proposed Legislation to limit use of Cooperative Procurement

SB 1849 proposes caps and the exclusion of labor-intensive services on interlocal cooperative purchasing agreements under the Public Competitive Bidding Act of 1974. This proposed legislation will limit the use of an important contracting tool for Oklahoma Procurement and Public Works teams by imposing a $1M spending limit for school districts through cooperative purchasing agreements. It will also exclude services requiring labor for political subdivisions. NCPP sent a letter of opposition and had calls with our members to educate and include in discussions on this issue. 

Non-Profits are Untapped Market for Cooperative Contracting

The term "SLED" refers to State, Local Government and Educational market and is the focus for most government sales teams. However, in the world of cooperative procurement, many non-profits are eligible to purchase through this contracting tool. 

Special thanks to Melinda Pallotta, EJD, CTC, CPPO, Senior Director, Nonprofit - Southeast for OMNIA Partners for this guest column on non-profit opportunities. 

"OMNIA Partners has always extended membership opportunities and benefits to nonprofit agencies. This is likely because most nonprofit agencies receive public funding at times, and the expectation is that those funds will be spent in accordance with the rules for public procurement. Historically, our nonprofit members were supported by our public sector team. Several years ago, however, we realized that nonprofit agencies have needs that differ from those of public and private sector agencies. OMNIA Partners recognized these needs and developed a specialized team to support our nonprofit member agencies, which officially launched January 1, 2023.

Much of last year was a learning experience for our team. There are many types of nonprofit agencies—charitable organizations, faith-based organizations, private foundations, and others. There is no agency too small to benefit from our program! In many instances, these agencies are short-staffed and unaware of the rules of public procurement. Several I have spoken with have missed out on grant opportunities because they found the required competitive process too daunting to attempt. Others have found themselves scouring the internet after a long workday to source goods and services needed for their operation at the lowest price they can find.

This is where a cooperative contract can make an incredible difference. With respect to grant funding, the underlying competitive process generally will satisfy the need for a competitive process. In regard to the endless “seek and find” missions, member agencies are able to rely on a cooperative purchasing organization to assist with strategic sourcing solutions, serve an extension of their procurement team and on occasion as a thought partner.

Many nonprofit agencies, such as American Red Cross and Salvation Army, are structured to assist in times of disaster. This is another example of how partnering with a cooperative purchasing organization can save time and money. Many of the cooperative contracts contain the requisite federal language. Those that do not may be useful in the disaster procurement process with a few added steps.

There is one other aspect about supporting nonprofit agencies that cannot be measured. Since the launch of our nonprofit team, I have learned much about the types of nonprofit organizations in existence throughout the country, and the impressive works they do. There are those who help during disasters; ensure every child has a bed; feed, house and clothe the poor, and more. Not only it is heartwarming to learn of these good works, but incredibly gratifying to help them run more efficiently which enables them to focus their time, money, and talent on furthering their mission."