SERVICES SHALL DEVELOP STANDARDS FOR THE PURCHASE OF PRODUCTS AND MAY ELECT TO UTILIZE CENTRAL PURCHASING WHEN APPROPRIATE. SUCH STANDARDS SHALL FOSTER ECONOMY, SHORT RESPONSE TIME, AND INCLUDE APPROPRIATE SAFEGUARDS TO ASSURE APPROPRIATE COMPETITION AND ECONOMICAL AND EFFICIENT PURCHASING(.)"
"PRODUCTS," UNDER THE CENTRAL PURCHASING ACT, ARE DEFINED AS "SOME QUANTITY OF OR KIND OF . . . SUPPLIES, MATERIALS AND EQUIPMENT." 74 O.S. 85.2 (1992). "SUPPLIES," "MATERIALS," AND "EQUIPMENT" HAVE ALSO BEEN DEFINED BY THE LEGISLATURE AND RELATE IN GENERAL TO PERSONAL PROPERTY USED BY AN AGENCY. ID. THIS WOULD APPEAR TO GRANT A BROAD EXEMPTION TO THE OMC TO PURCHASE VARIOUS PRODUCTS FOR ITS USE OUTSIDE OF THE COMPETITIVE BID REQUIREMENTS OF THE CENTRAL PURCHASING ACT. HOWEVER, THE COMMISSION ON HUMAN SERVICES MUST DEVELOP STANDARDS FOR PURCHASES BY THE OMC. PURCHASES OTHER THAN FOR PRODUCTS, AS DEFINED UNDER THE CENTRAL PURCHASING ACT, WOULD HAVE TO BE MADE PURSUANT TO THAT ACT. (FOR EXAMPLE, NONPROFESSIONAL SERVICES, AS DEFINED BY 74 O.S. 85.3(11) OF THE CENTRAL PURCHASING ACT.)
YOUR LETTER TO THIS OFFICE SPECIFICALLY REQUESTED WHETHER THE OMC WAS REQUIRED TO COMPLY WITH THE NOTARIZATION REQUIREMENTS OF 74 O.S. 85.22 AND 74 O.S. 85.23 OF THE CENTRAL PURCHASING ACT. A PLAIN READING OF THE EXEMPTION REFLECTS THAT THE EXEMPTION GRANTED TO THE OMC BY 74 O.S. 85.12 RELATES TO ALL SECTIONS OF THE CENTRAL PURCHASING ACT. THEREFORE, THE OMC DOES NOT HAVE TO COMPLY WITH THOSE NOTARIZATION REQUIREMENTS.
II. THE OMC HAS BEEN GIVEN THE A AUTHORITY TO JOIN COOPERATIVE VENTURES AND ORGANIZATIONS FOR THE BENE IT OF THE HOSPITAL.
YOUR SECOND QUESTION IS WHETHER THE OMC MAY DELEGATE ITS PURCHASING POWERS TO THE UNIVERSITY HOSPITAL CONSORTIUM.
STATE AGENCIES, BOARDS AND COMMISSIONS HAVE SUCH POWERS AS ARE CONFERRED UPON THEM BY LAW AND SUCH AS MAY BE FAIRLY IMPLIED FROM THE STATUTE GRANTING EXPRESS POWERS. MARLEY V. CANNON, 618 P.2D 401 (OKLA.1980). HOWEVER, AN AGENCY, BOARD OR COMMISSION HAS NO AUTHORITY TO DELEGATE AUTHORITY OR FUNCTIONS WHICH MAY BE EXERCISED ONLY BY THE STATE ENTITY. ANDERSON V. GRAND RIVER DAM AUTHORITY, 446 P.2D 814 (OKLA.1968).
OMC HAS NOT BEEN GIVEN STATUTORY POWER TO DELEGATE ITS AUTHORITY OR FUNCTIONS, AND SO IT CANNOT. HOWEVER, IT HAS BEEN GIVEN THE POWER TO ENTER INTO COOPERATIVE VENTURES AND TO JOIN OR SPONSOR MEMBERSHIP IN ORGANIZATIONS OR ASSOCIATIONS INTENDED TO BENEFIT THE HOSPITAL. 56 O.S. 413 (1991). SECTION 413 SETS FORTH THE POWERS AND DUTIES OF THE OMC, AS FOLLOWS:
"A. THE OKLAHOMA MEDICAL CENTER, UNDER THE DIRECTION OF THE OKLAHOMA COMMISSION FOR HUMAN SERVICES, SHALL HAVE THE AUTHORITY TO:
1. ENTER INTO AGREEMENTS WITH OTHER HEALTH CARE PROVIDERS TO SHARE SERVICES OR TO PROVIDE A TANGIBLE BENEFIT TO THE HOSPITALS, AND INTO OTHER COOPERATIVE VENTURES;
2. JOIN OR SPONSOR MEMBERSHIP IN ORGANIZATIONS OR ASSOCIATIONS INTENDED TO BENEFIT THE HOSPITALS;
3. ENTER INTO PARTNERSHIPS;
4. HAVE MEMBERS OF ITS GOVERNING AUTHORITY OR ITS OFFICERS OR ADMINISTRATORS SERVE WITHOUT PAY AS DIRECTORS OR OFFICERS OF ANY SUCH VENTURE. ORGANIZATION, OR PARTNERSHIP; AND
5. OFFER, DIRECTLY OR