Filed Date: 12/31/1980
Status: Precedential
Modified Date: 7/6/2016
OPINION — AG — (1) AN "UNENCUMBERED CONTRACT" BETWEEN THE CENTRAL PURCHASING DIVISION OF THE STATE BOARD OF PUBLIC AFFAIRS AND A NEWLY ELECTED MEMBER OF THE LEGISLATURE, ESTABLISHING BID PRICES FOR VARIOUS ITEMS OF OFFICE EQUIPMENT, ENTERED PRIOR TO THE LEGISLATOR'S ELECTION, IS NOT ITSELF VOID; BUT PURCHASE ORDERS FOR SPECIFIC ITEMS OF OFFICE EQUIPMENT MAY NOT BE FUNDED FROM MONEYS APPROPRIATED DURING THE TERM FOR WHICH THE LEGISLATOR WAS ELECTED; WHETHER ANY PARTICULAR PURCHASE ORDER IS TO BE FUNDED FROM MONEYS APPROPRIATED DURING THE LEGISLATOR, VENDOR'S TERM OF OFFICE IS A QUESTION OF FACT, WHICH CANNOT BE ANSWERED AS A MATTER OF LAW. (2) NEITHER PARTY UNDER SUCH A CONTRACT HAS ANY CONTINUING OBLIGATION TO PERFORM THEREUNDER, IF SUCH PERFORMANCE WOULD NECESSITATE THE EXPENDITURE OF FUNDS APPROPRIATED DURING THE LEGISLATOR, VENDOR'S TERM OF OFFICE; THEREFORE, THE LEGISLATOR, VENDOR HAS NO OBLIGATION TO DISCHARGE UNDER SUCH CIRCUMSTANCES. (3) 74 O.S. 1409 [