Oklahoma § 74-85.44

§ 74-85.44.

Repealed by Laws 2020, c. 98, § 49, eff. Nov. 1, 2020.

§74-85.44A.

Repealed by Laws 2020, c. 98, § 50, eff. Nov. 1, 2020.

§74-85.44B. Payment for goods or services pursuant to contract.

A. Payment for products or services pursuant to a contract

executed by a state agency, whether or not such state agency is

subject to the Oklahoma Central Purchasing Act shall be made only

after products or services have been accepted as satisfactory. This

section shall not prohibit the payment of membership dues or payment

for subscriptions to magazines, periodicals or books or for payment

to vendors providing subscription services.

B. If the State Purchasing Director approves an acquisition

from the federal government or agency and determines that the

regulations of the federal government or agency handling the

acquisition require that partial or full payment be made before the

acquisition will be delivered, the State Purchasing Director, upon

requisition by the requesting party, shall have a state warrant

drawn against the funds of the acquiring state agency payable to the

United States of America or its proper agency. The warrant shall be

in such amount as may be necessary to meet the terms and conditions

of the acquisition without requiring a certificate showing that the

acquisition has actually been delivered to the state agency in whose

behalf the purchase is being negotiated.

Added by Laws 1992, c. 250, § 4, eff. July 1, 1992. Amended by Laws

1993, c. 101, § 1, emerg. eff. April 20, 1993; Laws 2004, c. 309, §

3, eff. July 1, 2004; Laws 2020, c. 98, § 21, eff. Nov. 1, 2020.

Oklahoma Statutes - Title 74. State Government

§74-85.44C. Contract allowing vendor or service provider to acquire

ownership of material or equipment furnished pursuant to contract.

Whether or not a state agency is subject to the Oklahoma Central

Purchasing Act, no agency shall enter into any contract which

provides for the state or state agency to furnish material or

equipment to be used by the supplier contracting with the state in

the performance of the contract if the contract allows the vendor or

service provider to acquire ownership of the material or equipment

during or after the term of the contract in any manner other than

through competitive bidding or a public sale procedure.

Added by Laws 1992, c. 250, § 5, eff. July 1, 1992. Amended by Laws

2020, c. 98, § 22, eff. Nov. 1, 2020.

§74-85.44D.

Repealed by Laws 2020, c. 98, § 51, eff. Nov. 1, 2020.

§74-85.44D.1. Sole source or sole brand acquisition.

A. 1. A sole source acquisition is exempt from competitive

bidding procedures as a sole source or requirements of this act, but

a sole brand acquisition is subject to such competitive bidding

requirements.

2. For each sole source or sole brand acquisition, the state

agency shall retain in the state agency's acquisition file and

attach to the requisition, a certification signed by the chief

administrative officer of the state agency, in the following form:

SOLE SOURCE OR SOLE BRAND ACQUISITION

CERTIFICATION

STATE AGENCY

________________________

SUPPLIER NAME

________________________

SUPPLIER ADDRESS

________________________

SUPPLIER CONTACT INFORMATION

________________________

In connection with the attached requisition or contract, I

hereby affirm that

(Name of Supplier)

is the only business entity singularly qualified to provide the

acquisition, or is the only brand satisfying the acquisition

requirements, for the following reasons:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

The following is a brief description of all efforts made to

verify that the acquisition qualifies as a sole source or sole brand

acquisition:

______________________________________________________

______________________________________________________

Oklahoma Statutes - Title 74. State Government

______________________________________________________

______________________________________________________

______________________________________________________

I understand that the signing of this certification knowing such

information to be false may result in forfeiture of my position and

ineligibility for appointment to or employment in state service for

a period of five (5) years following forfeiture of position.

_____________________________

(Chief administrative officer)

3. A court order requiring a particular acquisition, but which

does not specify a brand or supplier shall not substitute for the

certification required by this section or otherwise invalidate

acquisition procedures required by the Oklahoma Central Purchasing

Act.

4. Upon a determination by the Director of the Office of

Management and Enterprise Services that there are reasonable grounds

to believe that a violation of this section has occurred, the

Director shall send findings to the Attorney General that support

the determination. The Attorney General shall review the findings

and determine whether to investigate or prosecute the person.

5. Prior to approving a requisition for a sole source or sole

brand acquisition, the Purchasing Division shall require the signed

certification documenting the need for a sole source or sole brand

acquisition and shall retain the certification in accordance with

state record retention requirements.

6. For a sole source or sole brand acquisitions exceeding the

fair and reasonable acquisition threshold amount and not requiring

submission of a requisition to the Purchasing Division, the state

agency's certified procurement officer shall retain, in the

acquisition file, the signed certification documenting the need for

the sole source or sole brand acquisition in accordance with state

record retention requirements.

B. By the fifteenth day of each month, or the first working day

thereafter, the Office of Management and Enterprise Services shall

provide a report to:

1. The Speaker of the House of Representatives and the

President Pro Tempore of the Senate; and

2. Any member of the Legislature requesting the report.

The report shall detail sole source and sole brand acquisitions

by state agencies for the month prior to the month preceding the

submission of the report. The report shall be titled "Monthly Sole

Source and Sole Brand Contracting Report of Oklahoma State Agencies"

and indicate the time period of the report. The report shall be

provided by the Director of the Office of Management and Enterprise

Services or the Director's designee. The report shall be in

columnar database format and shall include at least the following

fields of information: state agency number; state agency name; date

Oklahoma Statutes - Title 74. State Government

created by the Office of Management and Enterprise Services for the

requisition; date of either approval or disapproval of the

requisition; if disapproved, the reason why such contract

requisition was disapproved; estimated amount of the requisition

acquisition; purchase order amount; purchase order number; actual

business name of supplier; supplier federal employer identification

number; and the commodity classification listing at the appropriate

level to distinguish between similar acquisitions. Information

required by this subsection shall be reported and maintained on each

report through the next reporting period after an acquisition is

made. The applicable data in the fields of information specified in

this subsection shall be listed even if the state agency requisition

is disapproved.

Added by Laws 1961, p. 590, § 1. Amended by Laws 1986, c. 173, §

10, emerg. eff. May 12, 1986; Laws 1992, c. 250, § 1, eff. July 1,

1992; Laws 1994, c. 59, § 1, eff. July 1, 1994; Laws 1998, c. 371, §

13, eff. Nov. 1, 1998. Renumbered from § 89 of this title by Laws

1998, c. 371, § 15, eff. Nov. 1, 1998. Amended by Laws 1999, c.

289, § 14, eff. July 1, 1999; Laws 2001, c. 398, § 1, emerg. eff.

June 4, 2001; Laws 2009, c. 322, § 14; Laws 2012, c. 304, § 763;

Laws 2020, c. 98, § 24, eff. Nov. 1, 2020. Renumbered from § 85.45j

of this title by Laws 2020, c. 98, § 30, eff. Nov. 1, 2020.

§74-85.44E. Disabled Veteran Businesses – Bonus preference.

A. Disabled Veteran Businesses.

As used in this section:

1. "Service-disabled veteran" means any individual that is

disabled as certified by the appropriate federal agency responsible

for the administration of veterans' affairs; and

2. "Service-disabled veteran business" means a business:

a.

not less than fifty-one percent (51%) of which is

owned by one or more service-disabled veterans or, in

the case of any publicly owned business, not less than

fifty-one percent (51%) of the stock of which is owned

by one or more service-disabled veterans, and

b.

the management and daily business operations of which

are controlled by one or more service-disabled

veterans.

B. In awarding contracts for the performance of any job or

service, all agencies, departments, institutions and other entities

of this state and of each political subdivision of this state shall

give a three-percentage point bonus preference to service-disabled

veteran businesses doing business as Oklahoma firms, corporations or

individuals, or which maintain Oklahoma offices or places of

business.

C. In implementing the provisions of subsection B of this

section, the following shall apply:

Oklahoma Statutes - Title 74. State Government

1. The Director of the Office of Management and Enterprise

Services shall have the goal of three percent (3%) of all such

contracts described in subsection B of this section to be awarded to

such veterans; and

2. If an insufficient number of such veterans doing business in

this state submit a bid or proposal for a contract by an agency,

department, institution or other entity of the state or a political

subdivision, such goal shall not be required and the provisions of

paragraph 1 of this subsection shall not apply.

D. The Director of the Office of Management and Enterprise

Services may promulgate rules in order to implement the provisions

of this section.

Added by Laws 2015, c. 179, § 1, eff. Nov. 1, 2015. Amended by Laws

2020, c. 98, § 23, eff. Nov. 1, 2020.