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Attorney General Opinion No. 03-40

State agencies may contract with each other under either 74 O.S. §581 or 74 O.S. §1008, both of which are outside the Central Purchasing Act. Acquisitions made by a State agency from another State agency pursuant to either of these statutes are not subject to the competitive bidding requirements of the Central Purchasing Act. Additionally, “contracting” as defined in the Central Purchasing Act, refers to obtaining acquisitions from private sources; therefore, the concept of contracting between two state agencies is not included in the Act. In fact, contracts between two state agencies in essence involve only one party, the state of Oklahoma.  See 74 O.S. §§85.2 and 85.7.

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