§ 74-85.3. Purchasing Division - Director - Employees - Encouragement of certain purchases - Conflict of interest.

A.  There is hereby created and established in the Office of Management and Enterprise Services a Purchasing Division, the administrative head of which shall be the State Purchasing Director.

B.  The Director of the Office of Management and Enterprise Services shall hire the State Purchasing Director.  The State Purchasing Director shall:

1.  Be at least twenty-eight (28) years of age;

2.  Have a thorough knowledge of office practices and buying procedures in volume purchasing; and

3.  Be a graduate of an accredited college or university with at least five (5) years' experience in commercial or governmental purchasing, or, in lieu of such education, have at least ten (10) years' experience in commercial or governmental purchasing.

C.  The Purchasing Division may include the following employees, and employment of such employees is hereby authorized:

1.  One assistant director;

2.  One qualified specifications engineer;

3.  Buyers who have at least three (3) years' procurement experience for:

a.food,

b.hardware,

c.textiles,

d.petroleum,

e.office supplies,

f.building materials,

g.pharmaceutical supplies,

h.automotive equipment, parts, and accessories, and

i.any other commodity group found by the Director of the Office of Management and Enterprise Services to justify special purchasing attention;

4.  One buyer for products and services of the severely disabled as provided in Section 3001 et seq. of this title;

5.  One dietitian, who shall have the qualifications required by the State Department of Health; and

6.  Such other technical and clerical personnel as shall be assigned to the Purchasing Division by the Director of the Office of Management and Enterprise Services.

D.  All activities of any state agency, department, or institution relating to purchasing shall be under the direction of the Purchasing Division unless otherwise provided by The Oklahoma Central Purchasing Act.

E.  The Purchasing Division shall provide qualified personnel to assist the purchasing activities of state agencies, departments, and institutions.

F.  Each state agency, department, and institution shall designate personnel to coordinate its purchasing functions with the Purchasing Division.

G.  The Purchasing Division may, if the needs of a state agency, department, or institution are such as to so require, employ, and establish a buyer within a state agency, department, or institution.

H.  No state agency, department, or institution subject to The Oklahoma Central Purchasing Act shall have or maintain a purchasing section without the prior approval in writing of the Purchasing Division unless otherwise provided in The Oklahoma Central Purchasing Act.

I.  The Purchasing Division shall make acquisitions from industries operated by the Department of Corrections pursuant to the provisions of Section 549.1 of Title 57 of the Oklahoma Statutes.

J.  None of the personnel authorized by this section shall:

1.  Sell to or otherwise provide acquisitions to any state agency subject to The Oklahoma Central Purchasing Act;

2.  Be employees, partners, associates, officers, or stockholders in or with any business entity that sells to or otherwise provides acquisitions to any agency subject to The Oklahoma Central Purchasing Act;

3.  Be employed in any of the positions authorized by this section if a spouse or child owns any stock in any business entity which sells to or otherwise provides acquisitions to any agency subject to The Oklahoma Central Purchasing Act; or

4.  Be employed in any of the positions authorized by this section if a relative within the third degree of consanguinity or affinity sells to or otherwise provides acquisitions to any agency subject to The Oklahoma Central Purchasing Act or is interested in any business entity which does so, except that such relative, excluding a spouse or child, may own Five Thousand Dollars ($5,000.00) worth or less, or one percent (1%) or less, whichever amount is the lesser amount, of the stock of a corporation or any business entity which sells to or otherwise provides acquisitions to any state agency subject to The Oklahoma Central Purchasing Act.

Added by Laws 1959, p. 350, § 3, eff. July 1, 1959.  Amended by Laws 1961, p. 589, § 1; Laws 1968, c. 88, § 1, emerg. eff. April 1, 1968; Laws 1976, c. 230, § 16, emerg. eff. June 15, 1976; Laws 1980, c. 159, § 34, emerg. eff. April 2, 1980; Laws 1983, c. 304, § 105, eff. July 1, 1983; Laws 1993, c. 175, § 1, emerg. eff. May 10, 1993; Laws 1996, c. 214, § 2, emerg. eff. May 21, 1996; Laws 1999, c. 289, § 2, eff. July 1, 1999; Laws 2008, c. 96, § 2, eff. Nov. 1, 2008; Laws 2012, c. 304, § 735.