A due diligence checklist for shareable public entity contracts

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Using a shareable contract (also known as cooperative purchasing or piggybacking) can save government staff time and achieve cost savings. But if you’re new to using shareable contracts, navigating the diligence process can be tricky. 

Here’s a general diligence checklist that can help you quickly evaluate whether or not you can use a shareable contract. The checklist is intended as a general guide that covers the basic diligence requirements for most public agencies. Note that while most states and local governments allow for shareable purchasing, specific requirements can vary from one entity to the next. For example, the City of Los Angeles is authorized to utilize contracts from other public entities, even if those contracts do not explicitly include shareable language.

Please confirm your agency’s specific requirements before making a purchase.

Shareable purchasing diligence starter checklist:

  • Contract was created through a competitive process. The contract was created through a formal competitive process that satisfies your entity’s requirements.

  • The contract was created by a public entity. The lead agency that created the contract is a public entity.

  • Active contract term. The contract is still active, and it will be active for the duration of the time you’ll need to use it.

  • Contract scope covers what you need to purchase. The goods and services you want to purchase are included in the contract scope. (You should be able to confirm this in the language of the contract and/or the attached price list.)

  • Source documents are available for diligence. You can access and review source documents. Typically, you’ll want to see the original solicitation and any addenda, the executed contract, and any contract amendments or modifications. In some cases, you may also want to evaluate the bid tabulation, the supplier’s response, pricing, and/or proof of advertisement.

  • The contract includes shareable language. The original solicitation and contract contain language that indicate that other public entities may utilize the contract (also known as cooperative language, piggyback language, interlocal government use, or permissive language).

You can find shareable contracts for the products  and services you need, for free, using Pavilion. Search hundreds of thousands of shareable contracts from local entities, states, and national and regional cooperatives, all in one place.

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