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§57-549.1.


§57-549.1.
   
   A. The Department of Corrections is authorized to purchase in the
   manner prescribed by law, facilities, equipment, raw materials and
   supplies, and to engage the supervisory personnel necessary to
   establish and maintain for this state at the penal institutions, now
   or hereafter under the control of the State Board of Corrections,
   industries and agricultural programs for the utilization of services
   of prisoners in the manufacture or production of such articles or
   products as may be needed for the construction, operation, maintenance
   or use of any office, department, institution or agency supported in
   whole or in part by this state and the political subdivisions thereof.
   
   B. All articles and services provided by the Department of Corrections
   in the state correctional institutions, and not required for use
   therein, shall be purchased as required by all offices, departments,
   institutions and agencies of this state which are supported in whole
   or in part by this state, and no such article or product may be
   purchased by any such office, department, institution or agency from
   any other source unless excepted from the provisions as hereinafter
   provided. Purchases made by the above-described state agencies may be
   made by submitting the proper requisition through the Office of Public
   Affairs or by direct order to the prison industries program of the
   Department of Corrections.
   
   C. If a requisition is received by the Office of Public Affairs or a
   direct order is received by the Prison Industries Program of the
   Department of Corrections from a state agency for any product or
   service provided by the Department of Corrections and such product or
   service is also available from a severely handicapped person or a
   qualified nonprofit agency for the severely handicapped as provided in
   Sections 3001 et seq. of Title 74 of the Oklahoma Statutes at a
   comparable price, then the product or service shall be purchased from
   such severely handicapped person or qualified nonprofit agency for the
   severely handicapped. If the product or service is not available
   within the time period required by the purchasing state agency, then
   such product or service shall be purchased from the Department of
   Corrections under the provisions of this section.
   
   D. All counties, cities, districts or political subdivisions, or any
   agency thereof, may purchase the goods or services produced by the
   prison industries of the Department of Corrections through their
   properly authorized purchasing authority, or they may place a direct
   order without competitive bid, with the prison industries of the
   Oklahoma Department of Corrections.
   
   E. Not-for-profit corporations or charitable agencies chartered in
   Oklahoma or other states may purchase such goods and services. Units
   of the federal government and units of government in other states may
   also purchase such goods and services. All entities which contract
   with the state, its political units, its agencies, its public
   institutions, not-for-profit corporations or charitable agencies
   chartered in Oklahoma may purchase goods or services from the
   Department of Corrections which are used in the performance of such
   contracts. Any church located in the State of Oklahoma may also
   purchase goods and services produced by the prison industries of the
   Department of Corrections. Nothing shall prohibit the Department from
   bidding on portions of a state contract which are subcontracted by the
   primary contractor.
   
   F. Others are prohibited from purchasing such goods and services, with
   the exception that all surplus agricultural products may be sold on
   the open market or bartered and exchanged for other food, feed or seed
   products of comparable value. The Department of Corrections shall keep
   complete and accurate records of any such barters or exchanges in such
   form and manner as the Office of Public Affairs may prescribe. A copy
   of such records shall be filed with the Office of Public Affairs no
   later than March 1 of each year for all barters or exchanges occurring
   in the previous calendar year.
   
   G. Products manufactured by the Department of Corrections shall be of
   styles, patterns, designs and quantities specified by the Department
   of Corrections except where the same have been or may be specified by
   the Office of Public Affairs. Products shall be provided at a fair
   market price for comparable quality.
   
   H. State agencies shall make maximum utilization of such products and
   no similar products shall be purchased by state agencies from any
   other source than the Department of Corrections except as provided in
   subsection C of this section, unless the Department of Corrections
   certifies to the Central Purchasing Director that it is not able to
   provide products, and no claim therefor shall be paid without such
   certification.
   
   I. Exceptions from the mandatory provisions hereof may be made in any
   case where, in the opinion of the Office of Public Affairs, the
   article or product does not meet the reasonable requirements of or for
   such offices, departments, institutions or agencies, or in any case
   where the requisitions made cannot be reasonably complied with. No
   such offices, departments, institutions or agencies, shall be allowed
   to evade the intent and meaning of this section by slight variations
   from standards adopted by the Office of Public Affairs, when the
   articles, services or products produced or manufactured by the
   Oklahoma Department of Corrections, in accordance with established
   standards, are reasonably adapted to the actual needs of such offices,
   departments, institutions or agencies.
   
   J. In the event of disagreement between the Department of Corrections
   and the Central Purchasing Director on fairness of price, ability to
   comply to specifications, reasonableness of specifications and
   timeliness of delivery of products the matter will be resolved by the
   Director of Public Affairs.
   
   K. The Office of Public Affairs shall cooperate with the Department of
   Corrections in seeking to promote for use in state agencies and by all
   other eligible customers, the products manufactured and services
   provided by the prison industries.
   
   L. The Department of Corrections shall prepare catalogs containing the
   description of all goods and services provided, with the pricing of
   each item. Copies of such catalog shall be sent by the Department of
   Corrections to all offices, departments, institutions and agencies of
   this state, and shall be available for distribution to all other
   eligible customers.
   

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