Okla. Stat. tit. 19, § 19-1505v1

The following procedures shall be used by counties for the

requisition, purchase, lease-purchase, rental, and receipt of

supplies, materials, road and bridge construction services,

equipment and information technology and telecommunication goods and

services for the maintenance, operation, and capital expenditures of

county government unless otherwise provided for by law.

A. The procedure for requisitioning items for county offices

shall be as follows:

1. The requesting department shall prepare a requisition form

in triplicate. The requisition shall contain any specifications for

an item as deemed necessary by the requesting department. The form

shall be prescribed by the State Auditor and Inspector;

2. The requesting department shall retain a copy of the

requisition and forward the original requisition and a copy to the

county purchasing agent; and

3. Upon receipt of the requisition, the county purchasing

agent, within two (2) working days, shall begin the bidding and

purchasing process as provided for in this section. Nothing in this

section shall prohibit the transfer of supplies, materials, or

equipment between county departments upon a written agreement

between county officers.

B. The bid procedure for selecting a vendor for the purchase,

lease-purchase, or rental of supplies, materials, equipment and

information technology and telecommunication goods and services used

by a county shall be as follows:

1. The county purchasing agent shall request written

recommendations from all county officers pertaining to needed or

commonly used supplies, materials, road and bridge construction

services, equipment and information technology and telecommunication

goods and services. From such recommendations and available

requisition, purchase, or inventory records, the county purchasing

agent shall prepare a list of items needed or commonly used by

county officers. The county purchasing agent shall request from the

Purchasing Division or from the Information Services Division in the

case of information technology and telecommunication goods and

Oklahoma Statutes - Title 19. Counties and County Officers Page 564

services of the Office of Management and Enterprise Services all

contracts quoting the price the state is paying for the items. The

county purchasing agent shall either request the Purchasing Division

or the Information Services Division of the Office of Management and

Enterprise Services, as applicable, to make the purchase for the

county or the county purchasing agent shall solicit bids for unit

prices on the items for periods of not to exceed twelve (12) months

in the manner described in paragraph 2 of this subsection. If the

county purchasing agent receives a requisition for an item for which

the county purchasing agent does not have a current bid, the county

purchasing agent shall request from the Purchasing Division or the

Information Services Division of the Office of Management and

Enterprise Services, as applicable, all contracts quoting the price

the state is paying for the item. The county purchasing agent shall

either request the Purchasing Division or the Information Services

Division of the Office of Management and Enterprise Services, as

applicable, to make the purchase for the county or the county

purchasing agent shall solicit bids in the manner described in

paragraph 2 of this subsection. Nothing in this paragraph shall

prohibit bids from being taken on an item currently on a twelve-

month bid list, at any time deemed necessary by the county

purchasing agent. Whenever the county purchasing agent deems it

necessary to take a bid on an item currently on a twelve-month bid

list, the reason for the bid shall be entered into the minutes of

the board of county commissioners;

2. Bids shall be solicited by mailing or emailing a notice to

all persons or firms who have made a written request of the county
me deemed necessary by the county

purchasing agent. Whenever the county purchasing agent deems it

necessary to take a bid on an item currently on a twelve-month bid

list, the reason for the bid shall be entered into the minutes of

the board of county commissioners;

2. Bids shall be solicited by mailing or emailing a notice to

all persons or firms who have made a written request of the county

purchasing agent that they be notified of such bid solicitation and

to all other persons or firms who might reasonably be expected to

submit bids. Notice of solicitation of bids shall also be published

one time in a newspaper of general circulation in the county.

Notices shall be mailed and published at least ten (10) days prior

to the date on which the bids are opened. Proof of the mailing or

emailing shall be made by the affidavit of the person mailing or

emailing the request for bids and shall be made a part of the

official records of the county purchasing agent. The notice shall

specify whether the county will consider written bids, electronic

bids, or both; the decision to exclusively consider either written

bids or electronic bids shall be determined pursuant to an

affirmative vote of the board of county commissioners. Whenever any

prospective supplier or vendor dealing in or listing for sale any

particular item or article required to be purchased or acquired by

sealed bids fails to enter or offer a sealed bid for three

successive bid solicitations, the name of the supplier or vendor may

be dropped from the mailing lists of the board of county

commissioners;

Oklahoma Statutes - Title 19. Counties and County Officers Page 565

3. The sealed bids received from vendors and the state contract

price received from the applicable Division of the Office of

Management and Enterprise Services shall be given to the county

clerk by the county purchasing agent. The county clerk shall

forward the sealed bids and state contract price, if any, to the

board of county commissioners;

4. The board of county commissioners, in an open meeting, shall

open the sealed bids and compare them to the state contract price.

The board of county commissioners shall select the lowest and best

bid based upon, if applicable, the availability of material and

transportation cost to the job site within thirty (30) days of the

meeting. For any special item not included on the list of needed or

commonly used items, the requisitioning official shall review the

bids and submit a written recommendation to the board before final

approval. The board of county commissioners shall keep a written

record of the meeting as required by law, and any time the lowest

bid was not considered to be the lowest and best bid, the reason for

such conclusion shall be recorded. Whenever the board of county

commissioners rejects the written recommendation of the

requisitioning official pertaining to a special item, the reasons

for the rejection shall be entered in their minutes and stated in a

letter to the requisitioning official and county purchasing agent;

5. The county purchasing agent shall notify the successful

bidders and shall maintain a copy of the notification. The county

purchasing agent shall prepare and maintain a vendors list

specifying the successful bidders and shall notify each county

officer of the list. The county purchasing agent may remove any

vendor from such list who refuses to provide goods or services as

provided by contract if the removal is authorized by the board of

county commissioners. The county purchasing agent may make

purchases from the successful bidders for a price at or below the

bid price. If a vendor who is the low bidder cannot or will not

sell goods or services as required by a county bid contract, the

county purchasing agent may make a one-time purchase from the next

lowest or best quote or take quotations as provided in paragraph 6
ard of

county commissioners. The county purchasing agent may make

purchases from the successful bidders for a price at or below the

bid price. If a vendor who is the low bidder cannot or will not

sell goods or services as required by a county bid contract, the

county purchasing agent may make a one-time purchase from the next

lowest or best quote or take quotations as provided in paragraph 6

of this subsection; provided, however, such purchase does not exceed

Twenty-five Thousand Dollars ($25,000.00) as the amount specified in

subparagraph a of paragraph 3 of subsection A of Section 1501 of

this title; and

6. When bids have been solicited as provided for by law and no

bids have been received, the procedure shall be as follows:

a. the county purchasing agent shall determine if

potential vendors are willing to commit to a firm

price for a reduced period of time, and, if such is

the case, the bid procedure described in this

subsection shall be followed,

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b. if vendors are not willing to commit to a firm price

for a reduced period, the purchasing agent shall

solicit and record at least three (3) quotes of

current prices available to the county and authorize

the purchase of goods or services based on the lowest

and best quote as it becomes necessary to acquire such

goods or services. The quotes shall be recorded on a

form prescribed by the State Auditor and Inspector and

shall be attached to the purchase order and filed with

the county clerk's copy of the purchase order. Any

time the lowest quote was not considered to be the

lowest and best quote, the reason for this conclusion

shall be recorded by the county purchasing agent and

transmitted to the county clerk, or

c. if three quotes are not available, a memorandum to the

county clerk from the county purchasing agent shall

describe the basis upon which a purchase is

authorized. The memorandum shall state the reasons

why the price for such a purchase is the lowest and

best under the circumstances. The county clerk shall

then attach the memorandum to the county clerk's copy

of the purchase order and file both in the office of

the county clerk.

C. After selection of a vendor, the procedure for the purchase,

lease-purchase, or rental of supplies, materials, road and bridge

construction services, equipment and information technology and

telecommunication goods and services used by a county shall be as

follows:

1. The county purchasing agent shall prepare a purchase order

in quadruplicate and submit it with a copy of the requisition to the

county clerk;

2. The county clerk shall then encumber the amount stated on

the purchase order and assign a sequential number to the purchase

order;

3. If there is an unencumbered balance in the appropriation

made for that purpose by the county excise board, the county clerk

shall so certify in the following form:

"I hereby certify that the amount of this encumbrance has been

entered against the designated appropriation accounts and that this

encumbrance is within the authorized available balance of the

appropriation.

Dated this ________ day of ________, 20__.

________________________________

County Clerk/Deputy

of _____________________ County."

In instances where it is impossible to ascertain the exact amount of

the indebtedness sought to be incurred at the time of recording the

Oklahoma Statutes - Title 19. Counties and County Officers Page 567

encumbrance, an estimated amount may be used. No purchase order

shall be valid unless signed by the county purchasing agent and

certified by the county clerk; and

4. The county clerk shall file the original purchase order and

return three (3) copies to the county purchasing agent who shall

file a copy, retain a copy for the county road and bridge inventory

officer if the purchase order is for the purchase of equipment,
ount may be used. No purchase order

shall be valid unless signed by the county purchasing agent and

certified by the county clerk; and

4. The county clerk shall file the original purchase order and

return three (3) copies to the county purchasing agent who shall

file a copy, retain a copy for the county road and bridge inventory

officer if the purchase order is for the purchase of equipment,

supplies, or materials for the construction or maintenance of roads

and bridges, and submit the other copy to the receiving officer of

the requesting department.

D. 1. The procedure for the purchase of supplies, materials,

equipment and information technology and telecommunication goods and

services at public auction or by sealed bid to be used by a county

shall be as follows:

a. the county purchasing agent shall prepare a purchase

order in quadruplicate and submit it with a copy of

the requisition to the county clerk,

b. the county clerk shall then encumber the amount stated

on the purchase order and assign a sequential number

to the purchase order,

c. if there is an unencumbered balance in the

appropriation made for that purpose by the county

excise board, the county clerk shall so certify in the

following form:

"I hereby certify that the amount of this encumbrance

has been entered against the designated appropriation

accounts and that this encumbrance is within the

authorized available balance of the appropriation.

Dated this ________ day of ________, 20__.

________________________________

County Clerk/Deputy

of _____________________ County."

In instances where it is impossible to ascertain the

exact amount of the indebtedness sought to be incurred

at the time of recording the encumbrance, an estimated

amount may be used. No purchase order shall be valid

unless signed by the county purchasing agent and

certified by the county clerk, and

d. the county clerk shall file the original purchase

order and return three (3) copies to the county

purchasing agent who shall file a copy, retain a copy

for the county road and bridge inventory officer if

the purchase order is for the purchase of equipment,

supplies, or materials for the construction or

maintenance of roads and bridges, and submit the other

copy to the receiving officer of the requesting

department.

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2. The procedure for the purchase of supplies, materials, and

equipment at a public auction when the purchase will be made with

the proceeds from the sale of county property at the same public

auction are as follows:

a. the purchasing agent shall cause such items being sold

to be appraised in the manner determined in Section

421.1 of this title,

b. the county purchasing agent shall prepare a purchase

order in quadruplicate and submit it with a copy of

the requisition to the county clerk,

c. the county clerk shall then encumber the amount of the

appraised value and any additional funds obligated by

the county on the purchase order and assign a

sequential number to the purchase order,

d. the county clerk shall certify that the amount of the

encumbrance is equal to the appraised value of the

item being sold plus any additional funds obligated by

the county. In effect the recording of the

encumbrance is an estimate that is authorized by law.

No purchase order shall be valid unless signed by the

county purchasing agent and certified by the county

clerk,

e. the county clerk shall file the original purchase

order and return three (3) copies to the county

purchasing agent who shall file a copy, retain a copy

for the county road and bridge inventory officer if

the purchase order is for the purchase of equipment,

supplies or materials for the construction or

maintenance of roads and bridges, and submit the other

copy to the receiving officer of the requesting

department, and

f. a purchase shall not be bid until such time that the
o the county

purchasing agent who shall file a copy, retain a copy

for the county road and bridge inventory officer if

the purchase order is for the purchase of equipment,

supplies or materials for the construction or

maintenance of roads and bridges, and submit the other

copy to the receiving officer of the requesting

department, and

f. a purchase shall not be bid until such time that the

appraised item or items are sold. Any item or items

purchased shall not exceed the appraised value plus

any additional funds obligated by the county or the

actual selling price of the item or items, whichever

is the lesser amount.

E. The procedure for the receipt of items shall be as follows:

1. A receiving officer for the requesting department shall be

responsible for receiving all items delivered to that department;

2. Upon the delivery of an item, the receiving officer shall

determine if a purchase order exists for the item being delivered;

3. If no such purchase order has been provided, the receiving

officer shall refuse delivery of the item;

4. If a purchase order is on file, the receiving officer shall

obtain a delivery ticket, bill of lading, or other delivery document

and compare it with the purchase order. If any item is back-

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ordered, the back order and estimated date of delivery shall be

noted in the receiving report;

5. The receiving officer shall complete a receiving report in

quadruplicate which shall state the quantity and quality of goods

delivered. The receiving report form shall be prescribed by the

State Auditor and Inspector. The person delivering the goods shall

acknowledge the delivery by signature, noting the date and time;

6. The receiving officer shall file the original receiving

report and submit:

a. a copy of the purchase order and a copy of the

receiving report to the county purchasing agent, and

b. a copy of the receiving report with the delivery

documentation to the county clerk;

7. The county purchasing agent shall file a copy of the

purchase order and a copy of the receiving report;

8. Upon receipt of the original receiving report and the

delivery documentation, the county clerk shall maintain a file until

such time as an invoice is received from the vendor;

9. The invoice shall state the name and address of the vendor

and must be sufficiently itemized to clearly describe each item

purchased, the unit price when applicable, the number or volume of

each item purchased, the total price, the total purchase price, and

the date of the purchase;

10. Upon receipt of an invoice, the county clerk shall compare

the following documents:

a. requisition,

b. purchase order,

c. invoice with noncollusion affidavit as required by

law,

d. receiving report, and

e. delivery document.

The documents shall be available for public inspection during

regular business hours; and

11. If the documents conform as to the quantity and quality of

the items, the county clerk shall prepare a warrant for payment

according to procedures provided for by law.

F. The following procedures are for the processing of purchase

orders:

1. The purchasing agent shall be allowed up to three (3) days

to process purchase orders to be presented to the board of county

commissioners for consideration and payment. Nothing herein shall

prevent the purchasing agent from processing or the board of county

commissioners from consideration and payment of utilities, travel

claims, and payroll claims;

2. The board of county commissioners shall consider the

purchase orders so presented and act upon the purchase orders, by

allowing in full or in part or by holding for further information or

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disallowing the same. The disposition of purchase orders shall be

indicated by the board of county commissioners, showing the amounts
;

2. The board of county commissioners shall consider the

purchase orders so presented and act upon the purchase orders, by

allowing in full or in part or by holding for further information or

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disallowing the same. The disposition of purchase orders shall be

indicated by the board of county commissioners, showing the amounts

allowed or disallowed and shall be signed by at least two (2)

members of the board of county commissioners. Any claim held over

for further information shall be acted upon by allowing or

disallowing same at any future meeting of the board held within

seventy-five (75) days from the date of filing of the purchase

order. Any purchase order not acted upon within the seventy-five

(75) days from the date of filing shall be deemed to have been

disallowed, but such disallowance shall not prevent the refiling of

the purchase order at the proper time; and

3. Whenever any allowance, either in whole or in part, is made

upon any purchase order presented to the board of county

commissioners and is accepted by the person making the claim, such

allowance shall be a full settlement of the entire purchase order

and provided that the cashing of warrant shall be considered as

acceptance by the claimant.

G. The procedure upon consumption or disposal of supplies,

materials, or equipment shall be as follows:

1. For consumable road or bridge items or materials, a

quarterly report of the road and bridge projects completed during

such period shall be prepared and kept on file by the consuming

department. The quarterly report may be prepared and kept

electronically by the consuming department. The report shall

contain a record of the date, the place, and the purpose for the use

of the road or bridge items or materials. For purposes of

identifying county bridges, the board of county commissioners shall

number each bridge subject to its jurisdiction; and

2. For disposal of all equipment and information technology and

telecommunication goods which originally cost more than Five Hundred

Dollars ($500.00), resolution of disposal shall be submitted by the

officer on a form prescribed by the State Auditor and Inspector's

Office to the board of county commissioners. The approval of the

resolution of disposal shall be entered into the minutes of the

board.

H. Inventory forms and reports shall be retained for not less

than two (2) years after all audit requirements for the state and

federal government have been fulfilled and after any pending

litigation involving the forms and reports has been resolved.

I. The procedures provided for in this section shall not apply

when a county officer certifies that an emergency exists requiring

an immediate expenditure of funds. Such an expenditure of funds

shall not exceed Five Thousand Dollars ($5,000.00). The county

officer shall give the county purchasing agent a written explanation

of the emergency. The county purchasing agent shall attach the

written explanation to the purchase order. The purchases shall be

paid by attaching a properly itemized invoice, as described in this

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section, to a purchase order which has been prepared by the county

purchasing agent and submitting them to the county clerk for filing,

encumbering, and consideration for payment by the board of county

commissioners.

J. The county purchasing agent may authorize county purchasing

officers to make acquisitions through the state purchase card

program as authorized by the State Purchasing Director in accordance

with Section 85.5 of Title 74 of the Oklahoma Statutes and defined

in Section 85.2 of Title 74 of the Oklahoma Statutes. Purchase

cardholders shall sign a purchase card agreement prior to becoming a

cardholder and attend purchase card procedure training as required

by the State Purchasing Director. Complete descriptions of
program as authorized by the State Purchasing Director in accordance

with Section 85.5 of Title 74 of the Oklahoma Statutes and defined

in Section 85.2 of Title 74 of the Oklahoma Statutes. Purchase

cardholders shall sign a purchase card agreement prior to becoming a

cardholder and attend purchase card procedure training as required

by the State Purchasing Director. Complete descriptions of

purchases made by county government entities shall be published

through the state transparency portal pursuant to Section 85.33B of

Title 74 of the Oklahoma Statutes, and as warrants required to be

published pursuant to Sections 444 and 445 of this title.

K. Nothing in this section shall prohibit counties from

providing material and/or services bids on the twelve-month bid list

to all road and bridge projects and contracts. All non-road and

bridge related construction contracts shall refer to subsection A of

Section 103 of Title 61 of the Oklahoma Statutes.

L. Nothing in this section or under Section 103 of Title 61 of

the Oklahoma Statutes shall prohibit counties from requesting and

entering into interlocal agreements pursuant to the Interlocal

Cooperation Act for services offered by Circuit Engineering

Districts created under Section 687.1 of Title 69 of the Oklahoma

Statutes.