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Legal Opinion

Opinion No. (2009)

Oklahoma Attorney General Reports

Decided November 19, 2009Published

1Opinion of the Court

Dear Senator Brown:

This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions:

Regarding 62 O.S.Supp. 2008, § 318[62-318], Performance-Based Efficiency Contracts:

1. May capital cost avoidance be included as an offset in performance contracts if the item(s) being replaced is (are) clearly at "end of life" and can be so documented?

2. May additional revenue that is directly attributed to the performance contract results be used in the evaluation process?

3. May stipulated savings be used in evaluating the performance contract…

2Cases cited8 opinions

  1. Marley v. CannonSupreme Court of Oklahoma · 1980
  2. Humphries v. LewisSupreme Court of Oklahoma · 2003
  3. Shipp v. Southeastern Oklahoma Industries AuthoritySupreme Court of Oklahoma · 1972
  4. Morris v. City of Oklahoma CitySupreme Court of Oklahoma · 1956
  5. Ashland Exploration, Inc. v. State ex rel. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1988

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