Oklahoma § 74-85.42 - One-year limitation on entering contracts with certain

§ 74-85.42. One-year limitation on entering contracts with certain

persons - Exceptions.

A. 1. Except as otherwise provided for in this section or

other applicable law, any agency, whether or not such agency is

subject to the Oklahoma Central Purchasing Act, shall be prohibited

from entering into a sole-source contract or agreement or a contract

or agreement for professional services with or for the services of

any person who has terminated employment with or who has been

terminated by that agency for one (1) year after the termination

Oklahoma Statutes - Title 74. State Government

date of the employee from the agency. Any contract or agreement

entered into in violation of this subsection shall be void. Any

person found to have violated this subsection shall be prohibited

from entering into any state contract for a period of five (5) years

from the date of the execution of the contract or agreement. The

provisions of this subsection shall not prohibit an agency from

hiring or rehiring such person as a state employee.

2. Any chief administrative officer of an agency, whether or

not such agency is subject to the Oklahoma Central Purchasing Act,

shall not enter into any contract for nonprofessional or

professional services for the purpose of or which would result in

the circumvention of the full-time-equivalent employee limitation

established by law for such agency.

B. Each contract, including change orders, extensions,

renewals, or amendments, entered into by any person or firm with the

State of Oklahoma shall include a statement certifying that no

person who has been involved in any manner in the development,

approval, or negotiation of such contract while employed by the

state shall be employed or given anything of value to fulfill any of

the services provided for under the contract. Each contract,

including change orders, extensions, renewals, or amendments, shall

include a statement from the chief executive officer or head of the

contracting state agency certifying that no known officer or

employee of the contracting state agency who has any direct or

indirect financial, pecuniary, or other personal interest in the

contract has been involved in any manner in the development,

approval, or negotiation of the contract through influence,

decision, recommendation, or otherwise. This subsection shall not

preclude faculty and staff of the institutions within The Oklahoma

State System of Higher Education from negotiating and participating

in research grants and educational contracts. This subsection shall

not apply to Oklahoma Department of Commerce personnel who contract

to provide services to the Oklahoma Capital Investment Board.

C. As used in this section, “person” means any state official

or employee of a department, board, bureau, commission, agency,

trusteeship, authority, council, committee, trust, school district,

fair board, court, executive office, advisory group, task force,

study group, supported in whole or in part by public funds or

entrusted with the expenditure of public funds or administering or

operating public property, and all committees, or subcommittees

thereof, judges, justices and state legislators.

D. Notwithstanding anything to the contrary in this section,

the following sole-source or professional services contracts are

allowed at any time:

1. A contract for professional services at any time with a

person who is a qualified interpreter for the deaf; and

Oklahoma Statutes - Title 74. State Government

2. A contract between a business entity that is a part-time

certified court reporter and the Administrative Office of the

Courts, on behalf of the district courts, or the Office of the

Attorney General.

E. Provided the provisions specified in subsection B of this

section are satisfied, the following professional services contracts

are allowed:

1. The Department of Transportation, Oklahoma Water Resources

Board, Department of Environmental Quality, Oklahoma Tourism and

Recreation Department, the Oklahoma Turnpike Authority and the

Oklahoma Department of Agriculture, Food, and Forestry may contract

with a person who has retired from state service;

2. To maintain public health infrastructure and preparedness,

the State Department of Health and city-county health departments

may contract with a physician assistant, Registered Nurse, advanced

practice nurse, Nurse-Midwife, registered dietician, occupational

therapist, physical therapist or speech-language pathologist who has

retired from state service; and

3. The Department of Mental Health and Substance Abuse Services

may contract with a physician, Registered Nurse, registered

pharmacist or person meeting the definition of a licensed mental

health professional, as defined in Title 43A of the Oklahoma

Statutes, who has separated and/or retired from state service.

Added by Laws 1986, c. 173, § 7, emerg. eff. May 12, 1986. Amended

by Laws 1988, c. 69, § 2, emerg. eff. March 25, 1988; Laws 1991, c.

341, § 5, eff. July 1, 1991; Laws 1992, c. 240, § 2, eff. Sept. 1,

1992; Laws 1999, c. 409, § 1, emerg. eff. June 10, 1999; Laws 2000,

c. 339, § 21, emerg. eff. June 6, 2000; Laws 2001, c. 440, § 4, eff.

July 1, 2001; Laws 2002, c. 22, § 28, emerg. eff. March 8, 2002;

Laws 2002, c. 343, § 2, emerg. eff. May 30, 2002; Laws 2003, c. 342,

§ 6; Laws 2007, c. 115, § 1, eff. Nov. 1, 2007; Laws 2008, c. 276, §

1, eff. Nov. 1, 2008; Laws 2009, c. 322, § 12; Laws 2011, c. 26, §

1, eff. July 1, 2011; Laws 2019, c. 252, § 1, eff. July 1, 2019;

Laws 2020, c. 98, § 19, eff. Nov. 1, 2020; Laws 2025, c. 336, § 9,

eff. Nov. 1, 2025.

NOTE: Laws 2001, c. 327, § 2 repealed by Laws 2002, c. 22, § 34,

emerg. eff. March 8, 2002.