Okla. Stat. tit. 74, § 74-85.44D.1

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 Page 185

______________________________________________________

______________________________________________________

______________________________________________________

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
nterprise 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 Page 186

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.