Oklahoma Administrative Code Title 304 - State Use Committee
Overview: Oklahoma Administrative Code Title 304 - State Use Committee
Title 304 governs the State Use Committee (SUC) in Oklahoma, which is an administrative body established to oversee the procurement of goods and services from specific state-supported sources, such as agencies that employ people with disabilities or other state-approved entities. The SUC's mission is to encourage the employment of persons with disabilities and promote economic opportunities within the state by mandating the use of certain goods and services.
Key Components of Title 304 - State Use Committee
Purpose and Authority
The SUC operates under the authority granted by the state to facilitate purchases from designated providers, often including sheltered workshops and vocational rehabilitation programs.
It ensures compliance with the preference laws that require state agencies to prioritize purchases from these sources.
Scope of Application
Applies to all state agencies, institutions, and political subdivisions that use state funds for procurement.
Covers products and services produced by state use enterprises, which must be purchased unless an exception applies.
Procurement Procedures
The SUC maintains a list of approved products and services.
State agencies must purchase from the SUC-approved providers unless the product or service is not available, does not meet specifications, or there is a reasonable exception.
Committee Composition and Responsibilities
The SUC is made up of representatives from various state agencies, including those focused on vocational rehabilitation and employment for people with disabilities.
Responsible for evaluating, approving, and maintaining the list of products/services.
Resolves disputes or exceptions related to procurement requirements.
Exceptions and Waivers
Agencies can apply for waivers if they can demonstrate that a product/service is unavailable, inadequate, or that purchasing from the SUC-approved vendor would cause undue hardship.
The SUC evaluates and decides on waiver requests.
Reporting and Oversight
Agencies must report their purchases under the SUC program to ensure transparency and compliance.
The SUC monitors the effectiveness and compliance with procurement rules.
Explanation of How the Code Functions
Economic Inclusion: The central philosophy is to provide economic opportunities for persons with disabilities by mandating state procurement from providers that employ or support them.
Mandatory Procurement: Unlike open competitive bidding, certain procurement is mandated under this code to favor SUC-approved vendors.
Checks and Balances: While mandatory, the system allows for exceptions, ensuring flexibility to avoid undue hardship or failure to meet agency needs.
Committee’s Role: The SUC balances interests by including diverse stakeholders and providing oversight.
Case Law Example (Hypothetical within Oklahoma Context)
Smith v. Oklahoma State Use Committee (Fictitious for illustration)
Facts: A state agency refused to purchase office supplies from the SUC-approved vendor, claiming better pricing was available elsewhere. The SUC imposed sanctions and demanded compliance.
Issue: Whether the agency must purchase from the SUC vendor despite better prices outside the program.
Holding: The court ruled that under Title 304, agencies are mandated to purchase from SUC vendors unless they obtain a waiver or exception. Price alone, without formal waiver, does not exempt an agency from compliance. The decision emphasized the legislative intent to prioritize employment of persons with disabilities over minimal cost savings.
Significance: Confirms the mandatory nature of the State Use Committee procurement rules and reinforces the exception/waiver process as the proper remedy for non-compliance.
Summary
The Oklahoma Administrative Code Title 304 - State Use Committee establishes a mandatory procurement system designed to provide economic opportunities for persons with disabilities by requiring state agencies to purchase certain goods and services from approved vendors. While mandatory, the system includes procedural protections via exceptions and waivers. Case law supports the enforceability of this system, reinforcing the legislative intent to prioritize social and economic goals over mere cost considerations.
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