Oklahoma § 74-85.2 - Definitions

§ 74-85.2. Definitions

As used in the Oklahoma Central Purchasing Act, unless the

context otherwise requires:

1. "Acquisition" means items, products, materials, supplies,

services, and equipment a state agency acquires by purchase, leasepurchase, lease with option to purchase, rental or value provided to

Oklahoma Statutes - Title 74. State Government

the state pursuant to the Oklahoma Central Purchasing Act unless the

items, products, supplies, services, or equipment are exempt

pursuant to the Oklahoma Central Purchasing Act or authority

exercised by the Chief Information Officer;

2. "Best value criteria" means evaluation criteria which may

include, but is not limited to, the following:

a.

the acquisition's operational cost a state agency

would incur,

b.

the quality of the acquisition, or its technical

competency,

c.

the reliability of the bidder's delivery and

implementation schedules,

d.

the acquisition's facilitation of data transfer and

systems integration,

e.

the acquisition's warranties and guarantees and the

bidder's return policy,

f.

the bidder's financial stability,

g.

the acquisition's adherence to the state agency's

planning documents and announced strategic program

direction,

h.

the bidder's industry and program experience and

record of successful past performance with

acquisitions of similar scope and complexity,

i.

the anticipated acceptance by user groups, and

j.

the acquisition's use of proven development

methodology, and innovative use of current

technologies that lead to quality results;

3. "Bid" or "proposal" means an offer a bidder submits in

response to an invitation to bid or request for proposal;

4. "Bidder" means an individual or business entity that submits

a bid or proposal in response to an invitation to bid or a request

for proposal;

5. "Business entity" means individuals, partnerships, business

trusts, cooperatives, associates, corporations, limited liability

companies or any other firm, group or concern which functions as a

separate entity for business purposes;

6. "Chief administrative officer" means an individual

responsible for directing the administration of a state agency. The

term does not mean one or all of the individuals that make policy

for a state agency;

7. "Component" means any item supplied as part of an end item

or of another component;

8. "Contract" means a mutually binding legal relationship

obligating the seller to furnish an acquisition and the buyer to pay

for it or provide a potential financial incentive in lieu of

payment. It includes all types of commitments that obligate a state

agency to an expenditure of funds or action that, unless otherwise

Oklahoma Statutes - Title 74. State Government

authorized, is in writing. In addition to bilateral instruments,

contracts include, but are not limited to:

a.

awards,

b.

orders issued under basic ordering agreements,

c.

letter agreements, and

d.

orders under which the contract becomes effective by

written acceptance or performance;

9. "Contracting" means obtaining acquisitions from private

sources. Contracting includes description, but not determination,

of acquisitions required, selection and solicitation of sources,

preparation and award of contracts, and contract administration;

10. "Electronic commerce" means the use of electronic methods

to enable solicitation, supplier response, contract award, state

agency acquisition processes, or any other function to make an

acquisition;

11. "Electronic payment mechanism" means a method of electronic

payment for authorized acquisitions;

12. "Environmentally preferable products and services (EPPS)"

means acquisitions that best meet the requirements as defined in the

solicitation for human health and the environment;

13. "Local governmental entity" means any unit of local

government including, but not limited to, any school district,

county or municipality of this state;

14. "Lowest and best" means an acquisition based on criteria

which include, but are not limited to, the following:

a.

the lowest total purchase price,

b.

the quality and reliability of the product, and

c.

the consistency of the proposed acquisition with the

state agency's planning documents and announced

strategic program direction;

15. "Multistate contract" or "multigovernmental contract" means

an agreement entered into between two or more entities of government

for acquisitions pursuant to a single contract;

16. "Nonprofessional services" means services which are

predominantly physical or manual in character and may involve the

supplying of products;

17. "Open market contract" means a contract for a one-time

acquisition not exceeding the acquisition amount, requiring a

competitive bid pursuant to Section 85.7 of this title;

18. "Political subdivision" means local governmental entities

and such other entities specified as political subdivisions pursuant

to The Governmental Tort Claims Act;

19. "Professional services" means services which are

predominantly mental or intellectual in character rather than

physical or manual and which do not involve the supplying of

products. Professional services include services to support or

Oklahoma Statutes - Title 74. State Government

improve state agency policy development, decision making,

management, administration or the operation of management systems;

20. "Purchase order" means an offer by a state agency to make

an acquisition utilizing simplified procedures;

21. "Purchasing cooperative" means an association of public

entities working together to provide leverage in achieving best

value and/or the best terms in contracts awarded through a

competitive bidding process;

22. "Requisition" means a written request by a state agency for

an acquisition;

23. "Sole brand acquisition" means an acquisition that by

specification restricts the acquisition to one manufacturer or brand

name;

24. "Sole source acquisition" means an acquisition which, by

specification, restricts the acquisition to one supplier;

25. "Solicitation" means a request or invitation by the State

Purchasing Director or a state agency for a supplier to submit a

priced offer to sell one or more acquisitions to the state. A

solicitation may be an invitation to bid, request for proposal or a

request for quotation;

26. "Split purchase" means dividing a known quantity or failing

to consolidate a known quantity of an acquisition for the purpose of

evading a competitive bidding requirement;

27. "State agency" includes any office, officer, bureau, board,

counsel, court, commission, department, institution, unit, division,

body or house of the executive or judicial branches of the state

government, whether elected or appointed, excluding only political

subdivisions of the state;

28. "State purchase card" means a type of commercial card that

allows state agencies to take advantage of existing credit card

infrastructure to make electronic payments for acquisitions;

29. "State Purchasing Director" includes any employee or agent

of the State Purchasing Director, acting within the scope of

delegated authority;

30. "Statewide contract" means a contract for specific

acquisitions for a specified period with a provision allowing some

or all state agencies and local governmental entities to place

orders as the acquisitions are needed for delivery during the period

specified; and

31. "Supplier" or "vendor" means an individual or business

entity that provides or desires to provide acquisitions to state

agencies.

Added by Laws 1959, p. 350, § 2, eff. July 1, 1959. Amended by Laws

1986, c. 173, § 1, emerg. eff. May 12, 1986; Laws 1991, c. 197, § 1,

eff. July 1, 1991; Laws 1992, c. 250, § 6, eff. July 1, 1992; Laws

1994, c. 329, § 2, eff. July 1, 1994; Laws 1996, c. 316, § 1, eff.

July 1, 1996; Laws 1998, c. 371, § 2, eff. Nov. 1, 1998; Laws 1999,

Oklahoma Statutes - Title 74. State Government

c. 289, § 1, eff. July 1, 1999; Laws 2000, c. 333, § 1, emerg. eff.

June 5, 2000; Laws 2008, c. 96, § 1, eff. Nov. 1, 2008; Laws 2013,

c. 186, § 3, eff. Nov. 1, 2013; Laws 2013, c. 358, § 27, eff. July

1, 2013; Laws 2020, c. 98, § 2, eff. Nov. 1, 2020.