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Attorney General Opinion No. 05-44

The Central Purchasing Act does not prohibit negotiated contracts when using "RFP" bid procedures. Likewise, specific legislative enactments favor negotiated contracts using RFP procedures. The Opinion cites other instances in which an agency utilizes the bidding procedures and contracting process of the OMES Purchasing Division but retains its statutory duty to negotiate the contract. Thus, the Office of Juvenile Affairs may use the competitive bidding procedures of the OMES Purchasing Division or internal agency procedures when negotiating contracts with designated Youth Services Agencies so long as final contracts are negotiated by the Department of Juvenile Justice.  See 74 O.S. §85.7.

Purchasing Reference Guide

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