Attorney General Opinion No. 84-135
Although public trusts are not expressly included in the definition of “state agency” in the Act, public officers fall within the definition and trustees of a state beneficiary public trust are officers of the executive branch of state government; thus, the Opinion concluded that state beneficiary public trusts created pursuant to 60 O.S. § 176 must comply with the Central Purchasing Act. The scope of this Opinion does not extend to public trusts having beneficiaries other than the State.
Citing the definition of “acquisition” in the Central Purchasing Act, the Opinion also concluded that to the extent no materials, supplies, services or equipment are acquired by a state beneficiary public trust from an underwriter, trustee bank or bond insurer, the Central Purchasing Act, including the competitive bid requirements, does not apply. In other words, to the extent there is no “acquisition” as defined in the Central Purchasing Act, the Act does not apply, e.g., when an underwriter is solely purchasing the bonds and is providing no attendant services. See 74 O.S. §§ 85.2 and 85.5; 62 O.S. §§695.3 and 695.11; and Opinion No. 84-137.
Purchasing Reference Guide
- Oklahoma Central Purchasing Act
- Other Procurement-Related Statutes in Title 74
- Information Technology Procurement
- IT Procurement-Related Statutes in Title 62
- Pay for Success Act
- Oklahoma Correctional Industries Procurement-Related Statute
- OMES Procurement-Related Administrative Rules
- Procurement-Related Caselaw
- Procurement-Related Attorney General Opinions
- Procurement Information Memorandums