Okla. Stat. tit. 69, § 69-636.3

machinery and equipment - Eligibility - Notice of intent - Lack of

funds - Full warranty leases - Rules and regulations.

A. Counties shall enter into lease or lease-purchase contracts

for road machinery and equipment pursuant to the provisions of

Sections 636.1 through 636.7 of this title or pursuant to the

provisions of Sections 1500 through 1505 of Title 19 of the Oklahoma

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries Page 76

Statutes and may not otherwise lease road machinery or equipment

except in the case of an emergency, when specialized road machinery

or equipment for projects of short durations is required for periods

not to exceed thirty (30) days.

B. A county shall be eligible to enter into a lease or lease-

purchase contract with the Department of Transportation for road

machinery and equipment on a priority basis determined by the county

funding classification designation during any fiscal year for the

purchase of road machinery and equipment. The county funding

classification designation shall be developed by the Department of

Transportation and the Oklahoma Cooperative Circuit Engineering

Districts Board and approved by the Oklahoma Department of

Transportation County Advisory Board. Upon approval by the

Department of Transportation County Advisory Board, the funding

classification designation shall be submitted to the Transportation

Commission for final approval. The counties receiving the least

appropriations per mile of road may receive the highest priority

rating. A county may also enter into a full warranty lease contract

for road machinery and equipment pursuant to the provisions of

subsection F of this section. Nothing in Sections 636.1 through

636.7 of this title shall prohibit a county from purchasing road

machinery and equipment if it has adequate funds appropriated during

any fiscal year for such purpose.

C. Whenever a county desires to lease or lease-purchase road

machinery and equipment with funds from the County Road Machinery

and Equipment Revolving Fund, it shall notify the Department of

Transportation of its requirements and specifications and shall

provide a list of vendors from which bids will be requested for the

lease or lease-purchase agreements.

D. Upon receiving such notification from a county, the

Department shall be authorized to purchase requested road machinery

or equipment for lease or lease-purchase to that county or may lease

or lease-purchase surplus or used road machinery and equipment to a

county provided such road machinery or equipment meets the

requirements and specifications of the requesting county.

E. If there are no funds available in the County Road Machinery

and Equipment Revolving Fund, the Department of Transportation, upon

notification that a county desires to lease or lease-purchase road

machinery or equipment, shall certify to the county that there are

no funds available in the County Road Machinery and Equipment

Revolving Fund for such purposes. The county may then request the

Purchasing Director of the Office of Management and Enterprise

Services to solicit bids or request bids pursuant to the provisions

of Section 1500 et seq. of Title 19 of the Oklahoma Statutes to

lease or lease-purchase the requested road machinery or equipment.

F. When funds are available in the County Road Machinery and

Equipment Revolving Fund the Department of Transportation shall,

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries Page 77

after receiving notification from a county desiring to lease or

lease-purchase equipment, authorize the county to request bids

pursuant to the provisions of this act and allocate funds equal to

the estimated cost of the equipment or machinery requested.

However, if the lowest and best bid received by the county exceeds

the estimated purchase price of the equipment or machinery, the

county shall pay any difference above the estimated purchase price
ase or

lease-purchase equipment, authorize the county to request bids

pursuant to the provisions of this act and allocate funds equal to

the estimated cost of the equipment or machinery requested.

However, if the lowest and best bid received by the county exceeds

the estimated purchase price of the equipment or machinery, the

county shall pay any difference above the estimated purchase price

if accepted. The county shall use the bid procedure provided for in

Section 1500 et seq. of Title 19 of the Oklahoma Statutes. The

county shall forward the lowest and best bid received to the

Department of Transportation which shall authorize the lease or

lease-purchase of the equipment or machinery.

G. A county may enter into a full warranty lease contract for

road machinery and equipment if the county has adequate funds

appropriated during any fiscal year for such purpose. Whenever a

county desires to enter into a full warranty lease contract for road

machinery or equipment, the county must notify the State Auditor and

Inspector of its intent and must provide the State Auditor and

Inspector with its requirements and specifications along with the

proper documentation to be advertised for bids. Upon receiving the

notification and documentation from a county, the State Auditor and

Inspector shall review the documentation and, upon approval, shall

forward the documentation and specifications to the State Purchasing

Division of the Office of Management and Enterprise Services. The

Purchasing Director of the Office of Management and Enterprise

Services shall solicit bids to lease the requested road machinery or

equipment according to the documentation and specifications of the

county as approved by the State Auditor and Inspector. The term of

any full warranty lease contract authorized pursuant to this

subsection may be for any period up to one (1) year, provided the

term shall not extend beyond the end of any fiscal year, with an

option to renew such lease subject to the requirement that adequate

funds are appropriated during the fiscal year by the county for such

purpose. The State Auditor and Inspector shall prescribe the lease

forms and other documentation necessary for implementing the

provisions of this subsection.

H. Except as provided in subsection G of this section, the

Department of Transportation shall promulgate such rules and

regulations and is authorized to require from the counties such

information, forms and reports as are necessary for properly and

efficiently administering Sections 636.1 through 636.7 of this

title.