{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-85.12","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-85.12","heading":"Act not to affect nonconflicting procedures —","body":"Acquisitions excluded.\n\nA. The provisions of this section shall not be construed to\n\naffect any law relating to fiscal or accounting procedure except as\n\nthey may be directly in conflict herewith; and all claims, warrants,\n\nand bonds shall be examined, inspected, and approved as now provided\n\nby law.\n\nB. Except as otherwise provided by this section, the\n\nacquisitions specified in this subsection shall be made in\n\ncompliance with Section 85.39 of this title and purchasing card\n\nprogram requirements but are not subject to other provisions of the\n\nOklahoma Central Purchasing Act:\n\n1. Food and other products produced by state institutions and\n\nagencies;\n\n2. The printing or duplication of publications or forms of\n\nwhatsoever kind or character by state agencies if the work is\n\nperformed upon their own equipment by their own employees. Pursuant\n\nto this paragraph, the state agency may only use equipment owned or\n\nleased by the agency and may only utilize that equipment for\n\nprinting services required by the agency in performing duties\n\nimposed upon the agency or functions authorized to be performed by\n\nthe agency. Any use of the equipment by the agency pursuant to an\n\nagreement or contract with any other entity resulting in delivery of\n\nintermediate or finished products to the entity purchasing or using\n\nthe products shall be subject to the provisions of the Oklahoma\n\nCentral Purchasing Act and associated rules;\n\n3. Department of Transportation and Transportation Commission\n\ncontractual services or right-of-way acquisitions, contracts awarded\n\npursuant to bids let by the Transportation Commission for the\n\nmaintenance or construction of streets, roads, highways, bridges,\n\nunderpasses or any other transportation facilities under the control\n\nof the Department of Transportation, equipment or material\n\nacquisitions accruing to the Department of Transportation required\n\nin federal aid contracts and acquisitions for public-service-type\n\nannouncements initiated by the Department of Transportation, but not\n\nacquisitions for advertising, public relations or employment\n\nservices;\n\n4. Utility services regulated by a state or federal regulatory\n\ncommission, municipal ordinance or an Indian Tribal Council;\n\n5. Acquisitions by the University Hospitals Authority. The\n\nAuthority shall develop standards for the acquisition of products\n\nand services and may elect to utilize the Purchasing Division. The\n\nstandards shall foster economy and short response time and shall\n\ninclude appropriate safeguards and record-keeping requirements to\n\nensure appropriate competition and economical and efficient\n\npurchasing;\n\n6. Custom harvesting by the Department of Corrections for the\n\nDepartment or its institutions;\n\n7. Subject to prior approval of the State Purchasing Director,\n\nacquisitions from private prison suppliers which are subject to the\n\ncontracting procedures of Section 561 of Title 57 of the Oklahoma\n\nStatutes;\n\n8. Acquisitions by the Oklahoma Municipal Power Authority;\n\n9. Acquisitions by the Grand River Dam Authority;\n\n10. Acquisitions by rural water, sewer, gas or solid waste\n\nmanagement districts created pursuant to the Rural Water, Sewer, Gas\n\nand Solid Waste Management Districts Act;\n\n11. Acquisitions by the Oklahoma Ordnance Works Authority, the\n\nNortheast Oklahoma Public Facilities Authority or the Midwestern\n\nOklahoma Development Authority;\n\n12. Expenditure of monies appropriated to the State Board of\n\nEducation for local and state-supported financial support of public\n\nschools, except monies allocated therefrom for the Administrative\n\nand Support Functions of the State Department of Education;\n\n13. Expenditure of monies appropriated to the State Department\n\nof Rehabilitation Services for educational programs or educational\n\nmaterials for the Oklahoma School for the Blind and the Oklahoma\n\nSchool for the Deaf;\n\n14. Contracts entered into by the Oklahoma Department of Career\ncept monies allocated therefrom for the Administrative\n\nand Support Functions of the State Department of Education;\n\n13. Expenditure of monies appropriated to the State Department\n\nof Rehabilitation Services for educational programs or educational\n\nmaterials for the Oklahoma School for the Blind and the Oklahoma\n\nSchool for the Deaf;\n\n14. Contracts entered into by the Oklahoma Department of Career\n\nand Technology Education for the development, revision or updating\n\nof vocational curriculum materials, and contracts entered into by\n\nthe Oklahoma Department of Career and Technology Education for\n\ntraining and supportive services that address the needs of new or\n\nexpanding industries;\n\n15. Contracts entered into by the Oklahoma Center for the\n\nAdvancement of Science and Technology for professional services;\n\n16. Contracts entered into by the Oklahoma Department of\n\nCommerce pursuant to the provisions of Section 5066.4 of this title;\n\n17. Acquisitions made by the Oklahoma Historical Society from\n\nmonies used to administer the White Hair Memorial;\n\n18. Purchases of pharmaceuticals available through a multistate\n\nor multigovernmental contract if such pharmaceuticals are or have\n\nbeen on state contract within the last fiscal year, and the terms of\n\nsuch contract are more favorable to the state or agency than the\n\nterms of a state contract for the same products, as determined by\n\nthe State Purchasing Director. The state entity designated by law,\n\nas specified in Section 1010.3 of Title 56 of the Oklahoma Statutes,\n\nshall participate in the purchase of pharmaceuticals available\n\nthrough such contracts;\n\n19. Contracts for managed health care services entered into by\n\nthe state entity designated by law or the Department of Human\n\nServices, as specified in paragraph 1 of subsection A of Section\n\n1010.3 of Title 56 of the Oklahoma Statutes;\n\n20. Acquisitions by a state agency through a General Services\n\nAdministration contract or other federal contract if the\n\nacquisitions are not on current statewide contract or the terms of\n\nthe federal contract are more favorable to the agency than the terms\n\nof a statewide contract for the same products;\n\n21. Acquisitions of clothing for clients of the Department of\n\nHuman Services and acquisitions of food for group homes operated by\n\nthe Department of Human Services;\n\n22. Acquisitions by the Oklahoma Energy Resources Board;\n\n23. Acquisitions of clothing for juveniles in the custody of\n\nthe Office of Juvenile Affairs and acquisitions of food for group\n\nhomes operated by the Office of Juvenile Affairs;\n\n24. State contracts for flexible benefits plans pursuant to the\n\nOklahoma State Employees Benefits Act, Section 1361 et seq. of this\n\ntitle;\n\n25. Acquisitions by the Oklahoma Department of Securities to\n\ninvestigate, initiate, or pursue administrative, civil or criminal\n\nproceedings involving potential violations of the acts under the\n\nDepartment’s jurisdiction and acquisitions by the Oklahoma\n\nDepartment of Securities for its investor education program;\n\n26. Acquisitions for resale in and through canteens operated\n\npursuant to Section 537 of Title 57 of the Oklahoma Statutes and\n\ncanteens established at an institution or facility operated by the\n\nOffice of Juvenile Affairs;\n\n27. Acquisitions by the Oklahoma Boll Weevil Eradication\n\nOrganization for employment and personnel services, and for\n\nacquiring sprayers, blowers, traps and attractants related to the\n\neradication of boll weevils in this state or as part of a national\n\nor regional boll weevil eradication program;\n\n28. Contracts entered into by the Oklahoma Indigent Defense\n\nSystem for expert services pursuant to the provisions of subsection\n\nD of Section 1355.4 of Title 22 of the Oklahoma Statutes;\n\n29. Acquisitions by the Oklahoma Correctional Industries and\n\nthe Agri-Services programs of the Department of Corrections of raw\nvil eradication program;\n\n28. Contracts entered into by the Oklahoma Indigent Defense\n\nSystem for expert services pursuant to the provisions of subsection\n\nD of Section 1355.4 of Title 22 of the Oklahoma Statutes;\n\n29. Acquisitions by the Oklahoma Correctional Industries and\n\nthe Agri-Services programs of the Department of Corrections of raw\n\nmaterials, component parts and other products, any equipment\n\nexcluding vehicles, and any services excluding computer consultant\n\nservices used to produce goods or services for resale and for the\n\nproduction of agricultural products;\n\n30. Contracts entered into by the Department of Human Services\n\nfor provision of supported living services to members of the\n\nplaintiff class in Homeward Bound, Inc., et al. v. The Hissom\n\nMemorial Center, et al., Case Number 85-C-437-E, United States\n\nDistrict Court for the Northern District of Oklahoma;\n\n31. Contracts negotiated by the Office of Juvenile Affairs with\n\ndesignated Youth Services Agencies and the Oklahoma Association of\n\nYouth Services, or another Oklahoma nonprofit corporation whose\n\nmembership consists solely of Youth Services Agencies and of whom at\n\nleast a majority of Youth Services Agencies are members, pursuant to\n\nthe provisions of Section 2-7-306 of Title 10A of the Oklahoma\n\nStatutes and contracts entered into by the Department of Human\n\nServices pursuant to Section 1-9-110 of Title 10A of the Oklahoma\n\nStatutes with designated Youth Services Agencies;\n\n32. Contracts for annuities for structured settlements provided\n\nfor in Section 158 of Title 51 of the Oklahoma Statutes;\n\n33. Subject to subsection E of this section, purchases made\n\nfrom funds received by local offices administered by the Department\n\nof Human Services or administered by the Office of Juvenile Affairs\n\nfor fund-raising activities and donations for the benefit of clients\n\nand potential clients at the local offices where such purchases may\n\nnot otherwise be paid for from appropriated funds;\n\n34. Acquisitions by the Oklahoma Historical Society for\n\nrestoration of historical sites and museums although the agency may\n\nelect to utilize the Purchasing Division for an acquisition with\n\nsupplier and bid selection being the prerogative of the agency,\n\nbased on the supplier’s documented qualifications and experience;\n\nand\n\n35. Acquisitions of clothing and food for patients in the care\n\nof the J.D. McCarty Center for Children with Developmental\n\nDisabilities.\n\nC. Pursuant to the terms of a contract the State Purchasing\n\nDirector enters into or awards, a state agency, common school,\n\nmunicipality, rural fire protection district, county officer or any\n\nprogram contract, purchase, acquisition or expenditure that is not\n\nsubject to the provisions of the Oklahoma Central Purchasing Act,\n\nmay, unless acting pursuant to a contract with the state that\n\nspecifies otherwise, make use of statewide contracts and the\n\nservices of the Purchasing Division and the State Purchasing\n\nDirector. Any political subdivision or rural fire protection\n\ndistrict may designate the State Purchasing Director as its agent\n\nfor any acquisition from a statewide contract or otherwise available\n\nto the state.\n\nD. The State Purchasing Director shall review and audit all the\n\npurchasing procedures of acquisitions listed in subsection B of this\n\nsection to ensure that the procedures are being followed. Nothing\n\nin this section shall be construed to authorize bid splitting as\n\nprohibited by the Oklahoma Central Purchasing Act.\n\nE. With respect to the Department of Human Services or the\n\nOffice of Juvenile Affairs, as applicable, monies received by\n\nfundraising activities or donations from the local office, vending\n\noperations administered by employees of the agency and all other\n\nnonrestricted cash and cash-equivalent items received by employees\nhorize bid splitting as\n\nprohibited by the Oklahoma Central Purchasing Act.\n\nE. With respect to the Department of Human Services or the\n\nOffice of Juvenile Affairs, as applicable, monies received by\n\nfundraising activities or donations from the local office, vending\n\noperations administered by employees of the agency and all other\n\nnonrestricted cash and cash-equivalent items received by employees\n\nof the agency shall be deposited in the agency special account\n\nestablished for this purpose. The deposits shall be made at local\n\nbanking institutions approved by the State Treasurer.\n\nF. With respect to the Oklahoma Tourism and Recreation\n\nDepartment, no exemption provided in this section shall be construed\n\nfor the use of leasing or contracting for state-owned restaurants in\n\nOklahoma state parks. The Department shall not be required to\n\npurchase furniture, fixtures, equipment, and soft goods associated\n\nwith decor of the state parks, lodges, golf courses, and tourism\n\ninformation centers from Oklahoma prisons or reformatories.\n\nAdditionally, the Department shall not be required to make\n\npurchases pursuant to a statewide contract for materials, supplies,\n\nand services necessary for the efficient and economical operation of\n\nrevenue-generating, Department-operated facilities, including those\n\nmade to maintain or improve guest perception of quality and service;\n\nprovided, that the State Purchasing Director shall review and audit\n\nall uses of the exemptions provided in this subsection biannually.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4d56cbf86e9ba5544da9ab288e6b854cc339e788abc5f36e9bfbce95eff25088","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-85.1","next":"us-ok/okla.-stat.-tit.-74-74-85.12b"},"notice":"GroundRules: Original legal text. Not legal advice."}