Oklahoma § 74-85.22 - Competitive bid or contract for goods or services – Form

§ 74-85.22. Competitive bid or contract for goods or services – Form

of certification.

Any competitive bid submitted to this state or contract executed

by the state for an acquisition in excess of the fair and reasonable

acquisition threshold amount shall contain a certification, dated

and in substantially the following form:

A. I certify:

1. I am the duly authorized agent of _____________, for the

purpose of certifying facts pertaining to the existence of collusion

among and between bidders and suppliers and state officials or

employees, as well as facts pertaining to the giving or offering of

things of value to government personnel in return for special

consideration in connection with the prospective acquisition;

2. I am fully aware of the facts and circumstances surrounding

the acquisition or making of the bid to which this statement relates

and have been personally and directly involved in events leading to

the acquisition or submission of such bid; and

3. Neither the business entity that I represent in this

certification nor anyone subject to the business entity's direction

or control has been a party:

a.

to any collusion among bidders or suppliers in

restraint of freedom of competition by agreement to

bid or contract at a fixed price or to refrain from

bidding or contracting,

b.

to any collusion with any state official or employee

as to quantity, quality or price in the prospective

contract, or as to any other terms of such prospective

contract, nor

c.

to any discussions between bidders or suppliers and

any state official concerning exchange of money or

other thing of value for special consideration in

connection with the prospective contract.

B. I certify, if awarded the contract, whether competitively

bid or not, neither the business entity I represent nor anyone

subject to the business entity's direction or control has paid,

given or donated or agreed to pay, give or donate to any officer or

employee of this state any money or other thing of value, either

directly or indirectly, in procuring the contract to which this

statement relates.

Added by Laws 1974, c. 43, § 1, emerg. eff. April 13, 1974. Amended

by Laws 1984, c. 166, § 6, operative July 1, 1984; Laws 2008, c. 96,

Oklahoma Statutes - Title 74. State Government

§ 6, eff. Nov. 1, 2008; Laws 2009, c. 322, § 9; Laws 2010, c. 170, §

2, emerg. eff. April 26, 2010; Laws 2013, c. 219, § 1, emerg. eff.

May 7, 2013; Laws 2014, c. 255, § 1; Laws 2020, c. 98, § 14, eff.

Nov. 1, 2020.

§74-85.22A. Agreement or collusion on bids — Penalties.

Any agreement or collusion among bidders or prospective bidders

in restraint of freedom of competition by agreement to bid at a

fixed price or to refrain from bidding for any purpose or by any

manner prohibited in Section 2 of this act shall render the bids of

such bidders void. Any agreement or collusion among state officers

or employees and bidders or prospective bidders intended to create a

sole-source acquisition in contradiction to Section 85.44D.1 of

Title 74 of the Oklahoma Statutes or to give a bidder or prospective

bidder a competitive advantage, for any purpose or by any manner

prohibited in Section 2 of this act, whether or not in exchange for

anything of value, shall render the bids of such bidders void.

Persons willfully violating this section shall, upon conviction, be

guilty of a felony. Any person convicted of violating any provision

of this section shall be prohibited from holding any public office

in this state and shall be prohibited from entering into any state

contract.

Added by Laws 2025, c. 336, § 6, eff. Nov. 1, 2025.

§74-85.22B. Unlawful disclosure of bid information.

Any disclosure by an employee of a public agency of the material

terms of a bid submitted in response to a bid notice issued by a

public agency in advance of the time set for opening of all bids so

submitted shall be unlawful. It shall be unlawful for any person to

solicit, possess, provide, or receive information which is to be

contained in a bid notice of a public agency, for use in preparing a

bid, in advance of the date on which the bid notice is to be made

equally and uniformly known to all prospective bidders and the

public. It shall be unlawful for any employee of a public agency to

withhold or impede the distribution of such information after notice

of the bid has been given, unless the solicitation of bids has been

withdrawn or the particular information in question has been deleted

or replaced through alteration of the bid notice and the withdrawal

or alteration has been made equally and uniformly known. Any

violation of this section for any purpose or in any manner

prohibited in Section 2 of this act shall be a felony and shall

render the proceedings void and require a new solicitation and

award. Any person convicted of violating any provision of this

section shall be prohibited from holding any public office in this

state and shall be prohibited from entering into any state contract.

Added by Laws 2025, c. 336, § 7, eff. Nov. 1, 2025.

Oklahoma Statutes - Title 74. State Government

§74-85.22C. Sole-source contracts — Disclosure under oath.

A. Each bidder and each recipient of a sole-source contract

shall accompany a bid with a written statement under oath disclosing

the following information:

1. Any known business or familial relationship then in effect

or which existed within one (1) year prior to the date of such

statement between any officer or director of the bidding company and

any officer or employee of the state agency receiving the bid;

2. The nature of any such known business or familial

relationships then in effect or which existed within one (1) year

prior to the date of such statement with any officer or employee of

the state agency receiving the bid; and

3. The names of all known persons having any such business or

familial relationships and the positions they hold within their

respective companies, firms, or state agencies.

B. If no business or familial relationships listed in

subsection A of this section exist, a bidder or recipient shall

submit a written statement under oath that no such relationships

exist.

Added by Laws 2025, c. 336, § 8, eff. Nov. 1, 2025.