Oklahoma § 74-85.41 - Professional services contracts

§ 74-85.41. Professional services contracts

A. A state agency that acquires professional services shall

comply with the provisions of this section.

B. The state agency may evaluate the performance of the

professional services provided pursuant to all professional services

contracts exceeding the fair and reasonable acquisition threshold

amount. The performance evaluation shall indicate the quality of

service or work product of the supplier. The state agency shall

retain the evaluation in the document file the state agency

maintains for the acquisition pursuant to Section 85.39 of this

title. If the evaluation indicates deficiencies with the supplier's

work, the state agency shall send a copy of the evaluation to the

State Purchasing Director.

C. If the work product of the contract is a report subject to

disclosure under state or federal law or regulation, the state

agency shall file the report with the State Librarian and Archivist.

D. A state agency shall administer, monitor and audit the

professional services contract and may be required to report the

status of an unfinished professional services contract to the State

Purchasing Director.

E. A professional services contract shall include an audit

clause which provides that all items of the supplier that relate to

the professional services are subject to examination by the state

agency, the State Auditor and Inspector and the State Purchasing

Director.

F. Except for a contract renewal, the final product of the

professional services contract is a written proposal, report or

study, the professional services contract shall require the supplier

to certify that the supplier has not previously provided the state

agency or another state agency with a final product that is a

substantial duplication of the final product of the proposed

contract.

Added by Laws 1986, c. 173, § 6, emerg. eff. May 12, 1986. Amended

by Laws 1992, c. 250, § 2, eff. July 1, 1992; Laws 1994, c. 302, §

1, eff. Sept. 1, 1994; Laws 1998, c. 371, § 10, eff. Nov. 1, 1998;

Laws 1999, c. 289, § 12, eff. July 1, 1999; Laws 2002, c. 483, § 5,

eff. July 1, 2002; Laws 2009, c. 322, § 11; Laws 2011, c. 207, § 2,

eff. Nov. 1, 2011; Laws 2020, c. 98, § 18, eff. Nov. 1, 2020.

§74-85.41A. Emergency acquisitions.

A. Emergency acquisitions shall be made in compliance with

Section 85.39 of Title 74 of the Oklahoma Statutes regarding

internal purchasing procedures, Section 85.5a of Title 74 of the

Oklahoma Statutes - Title 74. State Government

Oklahoma Statutes regarding the purchasing card program and

applicable rules but are not subject to other provisions of the

Oklahoma Central Purchasing Act. The following are emergency

acquisitions:

1. An acquisition declared as an emergency by a state agency;

2. An acquisition to alleviate a serious environmental

emergency if, upon receiving a request from the Chair of the

Corporation Commission and after having examined the facts and

circumstances of the case, the Governor certifies in writing the

existence of a serious environmental emergency. For the purposes of

this subsection, "serious environmental emergency" means a situation

within the jurisdiction of the Commission:

a.

in which serious damage to the environment will

quickly occur if immediate action is not taken and the

damage will be so significant that the urgent need for

action outweighs the need for competitive bids, or

b.

a situation in which human life or safety is in

imminent danger or significant property interests are

threatened with imminent destruction;

3. An acquisition of livestock through a market agency, dealer,

commission house or livestock auction market bonded or licensed

under federal or state law for the acquisition or collection of

semen or embryos, and for the placement of embryos into recipient

livestock;

4. An acquisition by a state agency pursuant to a contract with

the United States Army Corps of Engineers for emergency response or

to protect the public health, safety or welfare;

5. An acquisition declared by the Office of Management and

Enterprise Services (OMES) Risk Management Administrator pursuant to

Section 85.58A of Title 74 of the Oklahoma Statutes; or

6. A condition certified by the Governor as an emergency.

B. Notwithstanding a state agency's exemption from requisition

and competitive bidding requirements, a state agency making an

emergency acquisition shall timely provide the Purchasing Division

within OMES all information required by the State Purchasing

Director.

Added by Laws 2020, c. 98, § 5, eff. Nov. 1, 2020.