1. (a) Regardless of purchase price, all purchases must follow the state purchasing hierarchy. This means when an agency makes an acquisition the suppliers within the following categories must be used in the following order unless the supplier does not have the needed item or cannot meet certain other requirements.
2. (b) State Use Committee. State Use Committee contracts are mandatory contracts provided the conditions of 74 O.S. § 3007(A) are satisfied. If an acquisition is available from both the State Use Committee procurement schedule and the Oklahoma Correctional Industries, the state agency shall make the acquisition from the State Use Committee procurement schedule. 74 O.S. § 3001 et seq.
3. (c) Oklahoma Correctional Industries. If an acquisition is not available from the State Use Committee, pursuant to 74 O.S. §3007(A) state agencies shall make acquisitions from the Oklahoma Correctional Industries ("OCI") provided the conditions of 57 O.S. §549.1 are satisfied. If OCI is unable to meet state agency requirements for an acquisition even though the acquisition is listed in its distributed catalog or on its website, OCI shall certify to the State Purchasing Director that it is not able to provide the acquisition.
4. (d) Statewide Contracts. The State Purchasing Director shall designate statewide contracts as mandatory or non-mandatory.
5. (1) Mandatory statewide contract. The State Purchasing Director may designate a statewide contract for mandatory use. State agencies shall make acquisitions from mandatory statewide contracts regardless of the acquisition purchase price unless the State Purchasing Director provides prior written approval of an acquisition from another supplier. A state agency may submit a written request to the State Purchasing Director to waive requirements for a state agency's use of a mandatory statewide contract for acquisitions. The State Purchasing Director shall grant exceptions prior to a state agency making the acquisition from another supplier.
6. (2) Non-mandatory statewide contracts. State agencies are encouraged to use non- mandatory statewide contracts. Whenever a state agency acquires a product or service from an alternate source, the acquisition shall be made in accordance with the Central Purchasing Act, the rules of this chapter and any other laws and rules applicable to the acquisition.
7. (e) Open Market Acquisitions. If the needed good or service is not available in any of the above categories, State agencies may make an Open Market Acquisition pursuant to provisions of the Oklahoma Central Purchasing Act, rules of this Chapter, any other applicable laws or rules, and the agency's approved internal purchasing procedures. When an Open Market acquisition is over $25,000 a Solicitation shall be utilized as required by state law and rules of this Chapter or when it is determined by the acquiring agency to be in the best interest of the state. See Part 5 of this Subchapter for details on the competitive Solicitation process.
8. (f) Trade-ins. State agencies may trade in items when they make an acquisition of a like item. The state agency shall determine fair market value for the trade-in item and receive that amount or more as credit on the purchase price of the acquisition. Written documentation of the fair market value analysis shall be filed in the acquisition file by the state agency. The state agency may seek advice from the State Purchasing Director to determine fair market value of the trade-in.
9. (g) Recycled materials. State agencies shall procure products or materials with recycled content as stated in the Oklahoma State Recycling and Recycled Material Procurement Act, when such products or materials are available and practical. Upon request, the State Purchasing Director shall supply information regarding acquisitions that contain recycled materials to a state agency.

Added at 31 Ok Reg 1526, eff 9-12-14

Amended at 32 Ok Reg 1776, eff 9-11-15

Amended at 36 Ok Reg 1633, eff 9-13-19

Amended at 38 Ok Reg 631, eff 1-20-21 (emergency)

Amended at 38 Ok Reg 1870, eff 9-11-21

Amended at 39 Ok Reg 1163, eff 9-11-22

Amended at 42 Ok Reg, Number 21, effective 10-1-25

Amended at 42 Ok Reg, Number 21, effective 10-1-25