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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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