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74 O.S. § 85.3A. Exempted Entities - State Purchasing Contracts Advisory Committee

  1. Compliance with the provisions of the Oklahoma Central Purchasing Act1 shall not be required of:
    1. County government;
    2. The Oklahoma State Regents for Higher Education, the institutions, centers, or other constituent agencies of The Oklahoma State System of Higher Education; or
    3. The telecommunications network known as OneNet;
    4. The Department of Public Safety gun range;
    5. The State Treasurer for the following purchases:
      1. services, including, but not limited to, legal services to assist in the administration of the Uniform Unclaimed Property Act, as provided in Section 668 of Title 60 of the Oklahoma Statutes, and
      2. software, hardware and associated services to assist in the administration of funds and securities held by the state, as provided in Section 71.2 of Title 62 of the Oklahoma Statutes;
    6. CompSource Oklahoma if CompSource Oklahoma is operating pursuant to a pilot program authorized by Sections 3316 and 3317 of this title; or
    7. The Oklahoma Department of Veterans Affairs, in accordance with Section 2 of this act.
  2. The State Purchasing Director may form an advisory committee consisting of representatives from entities exempted from the provisions of The Oklahoma Central Purchasing Act. The purpose of the committee shall be to allow committee members to provide input into the development of shared state purchasing contracts, collaboratively participate in the integration of their purchasing platforms or electronic purchasing catalogs, analyze solutions that may be used by state government to meet the purchasing needs of the entities, explore joint purchases of general use items that result in mutual procurement of quality goods and services at the lowest reasonable cost and explore flexibility, administrative relief, and transformation changes through utilization of procurement technology.
  3. At the invitation of the State Purchasing Director entities exempted from the provisions of The Oklahoma Central Purchasing Act shall participate in the advisory committee referenced in subsection B of this section.
  4. The State Purchasing Director may invite representatives of local government and local common education entities to participate as members of the advisory committee.

Associated Attorney General Opinions

Agencies and acquisitions exempted from the Central Purchasing Act in its entirety includes exemption from the competitive bidding requirements of the Act. See 74 O.S. §§85.3A, 85.7 and 85.12.

State colleges and universities are exempt from the Central Purchasing Act. However, if any such institution chooses to utilize the central purchasing procedure, any purchase made on its behalf by the Purchasing Division would be subject to applicable Central Purchasing Act provisions in the same manner as any other purchase made on its behalf by the Division. See 74 O.S. §85.3A.

Purchasing Reference Guide


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