88-61

A public entity may be a state agency for some purposes but not for other purposes and officers that are neither judicial or legislative necessarily belong to the executive department of government and are “executive” or “administrative” officers; those terms being equivalent. In this instance, statutes gave powers to the agency’s governing board and Commissioner as fully and completely as a governing body of a private entity in the same business. The Commissioner had broad authority to purchase materials and services necessary for agency operations but the agency was subject to the Central Purchasing Act as to the manner by which the items were acquired. That the Legislature exempted certain agencies by name from the Act, but did not include this particular agency, demonstrated that the Legislature intended the agency to remain subject to the Central Purchasing Act. See 74 O.S. §85.12.

18 O.S. §803 defines certain personal services as professional services that are exempt, pursuant to 74 O.S. §85.7, from competitive bidding requirements of the Central Purchasing Act. However, “professional services” defined in the Central Purchasing Act are different than the §803 services and are subject to the Act’s competitive bidding requirements. See 74 O.S. §§85.2 and 85.7.

NOTE: Opinion No. 07-31 withdrew this Opinion to the extent it concluded that the Department of Central Services (now OMES) is a purchasing agent for a state agency.

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Attorney General Opinion No. 88-61

Purchasing Reference Guide