STATE GOVERNMENT AND STATE AFFAIRS
STATE PROCUREMENT ACT
67-9225. procurement by state institutions of higher education. (1) A state institution of higher education may establish policies and procedures for procuring property that shall be substantially consistent with the requirements for procuring property as set forth in this chapter and that shall be approved by the state board of education. When the state board of education has approved such policies and procedures for a state institution of higher education, the institution shall not be subject to the provisions of this chapter, except as provided in subsections (2) and (3) of this section.
(2) When the state enters into an open contract, a state institution of higher education must use the open contract, or the institution may procure property from a vendor that is not party to the open contract if the cost to the institution would be equal to or less than the price of the property under the open contract.
(3)(a) The state board of education shall not approve policies and procedures pursuant to subsection (1) of this section if such policies and procedures permit the consideration of environmental, social, and governance standards in procurement decisions.
(b) The state board of education shall revoke approval of policies and procedures pursuant to subsection (1) of this section if:
(i) The approval was granted prior to July 1, 2023; and
(ii) The policies and procedures violate the provisions of this subsection.
(c) If a state institution of higher education’s policies and procedures are revoked pursuant to paragraph (b) of this subsection, then such institution shall be subject to the provisions of this chapter until such time as new policies and procedures for the institution are approved by the state board of education.
[67-9225, added 2016, ch. 289, sec. 4, p. 800; am. 2017, ch. 187, sec. 1, p. 425; am. 2023, ch. 129, sec. 7, p. 371.]