Okla. Stat. tit. 74, § 74-85.45r

application of act – Disclosure – Remedies.

A. When a state agency determines that online bidding is more

advantageous than other procurement methods provided by the laws of

this state, the agency may use online bidding to obtain bids as

authorized by the Oklahoma Central Purchasing Act or the Public

Facilities Act for purchases or acquisitions as defined in Section

85.2 of this title.

B. The online bidding process shall provide:

1. A designated opening and closing date and time. At the

opening date and time, state agencies shall begin accepting online

bids. Online bids shall be accepted until the designated closing

date and time, except as provided by paragraph 6 of this subsection;

2. The posting of all online bids electronically and updating

of bids on a real-time basis by state agencies;

3. The authorization for state agencies to require bidders to

register before the opening date and time and, as part of that

registration, require bidders to agree to any terms, conditions or

other requirements;

4. The authorization for state agencies to also require

potential bidders to prequalify as bidders and to restrict

Oklahoma Statutes - Title 74. State Government Page 198

solicitations to prequalified online bidders for bids submitted

pursuant to the Public Facilities Act;

5. The retention of the authority of state agencies to

determine the criteria that will be used as the basis for making

awards; and

6. The authorization for the State Purchasing Director, under

the Oklahoma Central Purchasing Act or the State Facilities Director

under the Public Facilities Act, in the event the state agency

determines that a significant error or event occurred that affected

the electronic receipt of any online bid by the agency, to determine

it is in the best interest of the state to allow the agency to

accept an electronic bid after the specified official closing date

and time.

C. The provisions of the Oklahoma Online Bidding Act shall not

apply to bid or proposal sealing or opening provisions found in any

state law other than the Oklahoma Central Purchasing Act or the

Public Facilities Act.

D. All bids submitted through the online bidding process

pursuant to the Oklahoma Online Bidding Act are subject to the same

public disclosure laws that govern bids received pursuant to sealed

bid procurement procedures pursuant to the Oklahoma Central

Purchasing Act or the Public Facilities Act.

E. All remedies available to state agencies and suppliers

through the sealed bid process pursuant to the Oklahoma Central

Purchasing Act or the Public Facilities Act are also available to

state agencies and online bidders in an online bidding process.