Okla. Stat. tit. 74, § 74-85.12

Acquisitions excluded.

A. The provisions of this section shall not be construed to

affect any law relating to fiscal or accounting procedure except as

they may be directly in conflict herewith; and all claims, warrants,

and bonds shall be examined, inspected, and approved as now provided

by law.

B. Except as otherwise provided by this section, the

acquisitions specified in this subsection shall be made in

compliance with Section 85.39 of this title and purchasing card

program requirements but are not subject to other provisions of the

Oklahoma Central Purchasing Act:

1. Food and other products produced by state institutions and

agencies;

2. The printing or duplication of publications or forms of

whatsoever kind or character by state agencies if the work is

performed upon their own equipment by their own employees. Pursuant

to this paragraph, the state agency may only use equipment owned or

leased by the agency and may only utilize that equipment for

printing services required by the agency in performing duties

imposed upon the agency or functions authorized to be performed by

the agency. Any use of the equipment by the agency pursuant to an

agreement or contract with any other entity resulting in delivery of

intermediate or finished products to the entity purchasing or using

the products shall be subject to the provisions of the Oklahoma

Central Purchasing Act and associated rules;

3. Department of Transportation and Transportation Commission

contractual services or right-of-way acquisitions, contracts awarded

pursuant to bids let by the Transportation Commission for the

Oklahoma Statutes - Title 74. State Government Page 167

maintenance or construction of streets, roads, highways, bridges,

underpasses or any other transportation facilities under the control

of the Department of Transportation, equipment or material

acquisitions accruing to the Department of Transportation required

in federal aid contracts and acquisitions for public-service-type

announcements initiated by the Department of Transportation, but not

acquisitions for advertising, public relations or employment

services;

4. Utility services regulated by a state or federal regulatory

commission, municipal ordinance or an Indian Tribal Council;

5. Acquisitions by the University Hospitals Authority. The

Authority shall develop standards for the acquisition of products

and services and may elect to utilize the Purchasing Division. The

standards shall foster economy and short response time and shall

include appropriate safeguards and record-keeping requirements to

ensure appropriate competition and economical and efficient

purchasing;

6. Custom harvesting by the Department of Corrections for the

Department or its institutions;

7. Subject to prior approval of the State Purchasing Director,

acquisitions from private prison suppliers which are subject to the

contracting procedures of Section 561 of Title 57 of the Oklahoma

Statutes;

8. Acquisitions by the Oklahoma Municipal Power Authority;

9. Acquisitions by the Grand River Dam Authority;

10. Acquisitions by rural water, sewer, gas or solid waste

management districts created pursuant to the Rural Water, Sewer, Gas

and Solid Waste Management Districts Act;

11. Acquisitions by the Oklahoma Ordnance Works Authority, the

Northeast Oklahoma Public Facilities Authority or the Midwestern

Oklahoma Development Authority;

12. Expenditure of monies appropriated to the State Board of

Education for local and state-supported financial support of public

schools, except monies allocated therefrom for the Administrative

and Support Functions of the State Department of Education;

13. Expenditure of monies appropriated to the State Department

of Rehabilitation Services for educational programs or educational

materials for the Oklahoma School for the Blind and the Oklahoma

School for the Deaf;

14. Contracts entered into by the Oklahoma Department of Career
cept monies allocated therefrom for the Administrative

and Support Functions of the State Department of Education;

13. Expenditure of monies appropriated to the State Department

of Rehabilitation Services for educational programs or educational

materials for the Oklahoma School for the Blind and the Oklahoma

School for the Deaf;

14. Contracts entered into by the Oklahoma Department of Career

and Technology Education for the development, revision or updating

of vocational curriculum materials, and contracts entered into by

the Oklahoma Department of Career and Technology Education for

training and supportive services that address the needs of new or

expanding industries;

15. Contracts entered into by the Oklahoma Center for the

Advancement of Science and Technology for professional services;

Oklahoma Statutes - Title 74. State Government Page 168

16. Contracts entered into by the Oklahoma Department of

Commerce pursuant to the provisions of Section 5066.4 of this title;

17. Acquisitions made by the Oklahoma Historical Society from

monies used to administer the White Hair Memorial;

18. Purchases of pharmaceuticals available through a multistate

or multigovernmental contract if such pharmaceuticals are or have

been on state contract within the last fiscal year, and the terms of

such contract are more favorable to the state or agency than the

terms of a state contract for the same products, as determined by

the State Purchasing Director. The state entity designated by law,

as specified in Section 1010.3 of Title 56 of the Oklahoma Statutes,

shall participate in the purchase of pharmaceuticals available

through such contracts;

19. Contracts for managed health care services entered into by

the state entity designated by law or the Department of Human

Services, as specified in paragraph 1 of subsection A of Section

1010.3 of Title 56 of the Oklahoma Statutes;

20. Acquisitions by a state agency through a General Services

Administration contract or other federal contract if the

acquisitions are not on current statewide contract or the terms of

the federal contract are more favorable to the agency than the terms

of a statewide contract for the same products;

21. Acquisitions of clothing for clients of the Department of

Human Services and acquisitions of food for group homes operated by

the Department of Human Services;

22. Acquisitions by the Oklahoma Energy Resources Board;

23. Acquisitions of clothing for juveniles in the custody of

the Office of Juvenile Affairs and acquisitions of food for group

homes operated by the Office of Juvenile Affairs;

24. State contracts for flexible benefits plans pursuant to the

Oklahoma State Employees Benefits Act, Section 1361 et seq. of this

title;

25. Acquisitions by the Oklahoma Department of Securities to

investigate, initiate, or pursue administrative, civil or criminal

proceedings involving potential violations of the acts under the

Department’s jurisdiction and acquisitions by the Oklahoma

Department of Securities for its investor education program;

26. Acquisitions for resale in and through canteens operated

pursuant to Section 537 of Title 57 of the Oklahoma Statutes and

canteens established at an institution or facility operated by the

Office of Juvenile Affairs;

27. Acquisitions by the Oklahoma Boll Weevil Eradication

Organization for employment and personnel services, and for

acquiring sprayers, blowers, traps and attractants related to the

eradication of boll weevils in this state or as part of a national

or regional boll weevil eradication program;

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28. Contracts entered into by the Oklahoma Indigent Defense

System for expert services pursuant to the provisions of subsection

D of Section 1355.4 of Title 22 of the Oklahoma Statutes;

29. Acquisitions by the Oklahoma Correctional Industries and

the Agri-Services programs of the Department of Corrections of raw
vil eradication program;

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28. Contracts entered into by the Oklahoma Indigent Defense

System for expert services pursuant to the provisions of subsection

D of Section 1355.4 of Title 22 of the Oklahoma Statutes;

29. Acquisitions by the Oklahoma Correctional Industries and

the Agri-Services programs of the Department of Corrections of raw

materials, component parts and other products, any equipment

excluding vehicles, and any services excluding computer consultant

services used to produce goods or services for resale and for the

production of agricultural products;

30. Contracts entered into by the Department of Human Services

for provision of supported living services to members of the

plaintiff class in Homeward Bound, Inc., et al. v. The Hissom

Memorial Center, et al., Case Number 85-C-437-E, United States

District Court for the Northern District of Oklahoma;

31. Contracts negotiated by the Office of Juvenile Affairs with

designated Youth Services Agencies and the Oklahoma Association of

Youth Services, or another Oklahoma nonprofit corporation whose

membership consists solely of Youth Services Agencies and of whom at

least a majority of Youth Services Agencies are members, pursuant to

the provisions of Section 2-7-306 of Title 10A of the Oklahoma

Statutes and contracts entered into by the Department of Human

Services pursuant to Section 1-9-110 of Title 10A of the Oklahoma

Statutes with designated Youth Services Agencies;

32. Contracts for annuities for structured settlements provided

for in Section 158 of Title 51 of the Oklahoma Statutes;

33. Subject to subsection E of this section, purchases made

from funds received by local offices administered by the Department

of Human Services or administered by the Office of Juvenile Affairs

for fund-raising activities and donations for the benefit of clients

and potential clients at the local offices where such purchases may

not otherwise be paid for from appropriated funds;

34. Acquisitions by the Oklahoma Historical Society for

restoration of historical sites and museums although the agency may

elect to utilize the Purchasing Division for an acquisition with

supplier and bid selection being the prerogative of the agency,

based on the supplier’s documented qualifications and experience;

and

35. Acquisitions of clothing and food for patients in the care

of the J.D. McCarty Center for Children with Developmental

Disabilities.

C. Pursuant to the terms of a contract the State Purchasing

Director enters into or awards, a state agency, common school,

municipality, rural fire protection district, county officer or any

program contract, purchase, acquisition or expenditure that is not

subject to the provisions of the Oklahoma Central Purchasing Act,

may, unless acting pursuant to a contract with the state that

specifies otherwise, make use of statewide contracts and the

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services of the Purchasing Division and the State Purchasing

Director. Any political subdivision or rural fire protection

district may designate the State Purchasing Director as its agent

for any acquisition from a statewide contract or otherwise available

to the state.

D. The State Purchasing Director shall review and audit all the

purchasing procedures of acquisitions listed in subsection B of this

section to ensure that the procedures are being followed. Nothing

in this section shall be construed to authorize bid splitting as

prohibited by the Oklahoma Central Purchasing Act.

E. With respect to the Department of Human Services or the

Office of Juvenile Affairs, as applicable, monies received by

fundraising activities or donations from the local office, vending

operations administered by employees of the agency and all other

nonrestricted cash and cash-equivalent items received by employees
horize bid splitting as

prohibited by the Oklahoma Central Purchasing Act.

E. With respect to the Department of Human Services or the

Office of Juvenile Affairs, as applicable, monies received by

fundraising activities or donations from the local office, vending

operations administered by employees of the agency and all other

nonrestricted cash and cash-equivalent items received by employees

of the agency shall be deposited in the agency special account

established for this purpose. The deposits shall be made at local

banking institutions approved by the State Treasurer.

F. With respect to the Oklahoma Tourism and Recreation

Department, no exemption provided in this section shall be construed

for the use of leasing or contracting for state-owned restaurants in

Oklahoma state parks. The Department shall not be required to

purchase furniture, fixtures, equipment, and soft goods associated

with decor of the state parks, lodges, golf courses, and tourism

information centers from Oklahoma prisons or reformatories.

Additionally, the Department shall not be required to make

purchases pursuant to a statewide contract for materials, supplies,

and services necessary for the efficient and economical operation of

revenue-generating, Department-operated facilities, including those

made to maintain or improve guest perception of quality and service;

provided, that the State Purchasing Director shall review and audit

all uses of the exemptions provided in this subsection biannually.