Contract Piggybacking

How Cooperative Contract Language Can Work For You and Your Community

Running a competitive procurement for consulting services can take months of staff time before any work begins. For many public agencies there can be a faster way – piggybacking!

It starts with agencies including a few key sentences in their competitive procurement solicitations (aka RFPs). Such cooperative (or “piggyback”) contract language lets other public agencies, local governments, and educational institutions use a contract that one agency has already competitively bid as the basis for selecting their consultants. If the language was in place in another agency’s procurement, your agency may be able to bring on a qualified consultant leveraging their procurement process instead of starting from scratch.

The details matter, because a contract can only be “piggybacked” if it was set up that way from the beginning. The original bid solicitation and public notice should say clearly that other agencies may use the resulting contract. The contract should also define its geographic or organizational reach, whether regional, statewide, or nationwide, and cite the legal authority that allows cooperative purchasing. Some cooperative programs, such as NASPO ValuePoint, also require a local participating addendum or order-level language that references the master contract number. If federal funds are involved, the contract has to include the mandatory federal clauses under 2 CFR 200. Some public agencies’ purchasing policies are stricter than others; always consult legal counsel and your purchasing department before proceeding.

Before your agency relies on an existing contract, do a quick round of due diligence. Confirm that the original solicitation included cooperative language (if your agency’s purchasing policy requires it), that the contract is still active, and that the services you need fall within its original scope. Then make sure the arrangement fits your own internal policies, approval workflows, and procurement code. Resources like OMNIA Partners’ procurement and compliance library and Alameda County’s Piggybacking Tips and Resources for Local Public Agencies are good places to start.

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Let’s talk. If you’re drafting an upcoming RFP and want to build in cooperative language, or you’d like to find out whether an existing contract could be piggybacked by your agency, contact us. We’re happy to help you find the most efficient way to get your project moving!

Resources:

• OMNIA Partners – RFP & Compliance Resources
• eCFR – 2 CFR 200.318 General Procurement Standards
• NASPO ValuePoint
• Alameda County – Piggybacking Tips and Resources (2021)