Okla. Stat. tit. 74, § 74-85.5

A. Except as otherwise provided in this section, the State

Purchasing Director, under the supervision of the Director of the

Office of Management and Enterprise Services, shall have sole and

exclusive authority and responsibility for all acquisitions by state

agencies. In order to carry out the powers and duties of the Chief

Information Officer and the Information Services Division, the Chief

Information Officer shall have sole and exclusive authority and

responsibility for all acquisitions of information and

telecommunications technology, equipment, software, products and

related peripherals and services by state agencies. Public

construction contracts are awarded pursuant to Title 61 of the

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Oklahoma Statutes and are not subject to the Oklahoma Central

Purchasing Act.

B. Every state agency shall determine its own quantitative

needs for acquisitions and the general class or nature of the

acquisitions. The State Purchasing Director, after consultation

with the requisitioning state agency, shall have authority to

determine the particular brand, model or other specific

classification of each acquisition and to draft or invoke pursuant

to the Oklahoma Central Purchasing Act specifications establishing

the requirements for all necessary contracts or purchase orders.

C. The Director of the Office of Management and Enterprise

Services shall have authority and responsibility to promulgate rules

in connection with provisions of the Oklahoma Central Purchasing Act

for:

1. The time, manner, authentication and form of making

requisitions for acquisitions;

2. Inspection, analysis and testing of acquisitions or samples

bidders submit prior to contract award;

3. The form and manner of submission for bids or proposals a

bidder submits and the manner of accepting and opening bids or

proposals;

4. The conditions under which the Office of Management and

Enterprise Services shall require written contracts for

acquisitions, the conditions under which acquisitions may be made on

an open account basis, and the conditions and manner of negotiating

such contracts;

5. Obtaining acquisitions produced by state institutions;

6. Conditions under which any of the rules herein authorized

may be waived;

7. The amounts of and deposits on any bond or other surety

required to be submitted with a bid or contract for the furnishing

of acquisitions and the conditions under which such bond or other

surety shall be required;

8. The manner and conditions of delivery, which shall include

the designation of the common carrier of property to be used to

transport acquisitions whenever a common carrier is used, and the

acceptance, or rejection, including check of quantities, of any

acquisitions;

9. The form of any estimate, order or other information

required in connection with an acquisition;

10. State agency acquisitions not exceeding the acquisition

threshold amount requiring competitive bid to ensure

competitiveness, fairness, compliance with the Oklahoma Central

Purchasing Act and Section 3001 et seq. of this title, which relates

to the State Use Committee. The rules shall include separate

provisions based on acquisition amounts as follows:

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a. state agencies shall make acquisitions not exceeding

Twenty-five Thousand Dollars ($25,000.00), provided

the acquisition process is fair and reasonable and is

conducted pursuant to rules authorized pursuant to

this section, and

b. state agencies with certified procurement officers and

internal purchasing procedures found compliant by the

State Purchasing Director may make acquisitions in

excess of the fair and reasonable acquisition

threshold amount provided for in this section and not

exceeding Two Hundred Fifty Thousand Dollars

($250,000.00), pursuant to rules authorized by this

section;
t to

this section, and

b. state agencies with certified procurement officers and

internal purchasing procedures found compliant by the

State Purchasing Director may make acquisitions in

excess of the fair and reasonable acquisition

threshold amount provided for in this section and not

exceeding Two Hundred Fifty Thousand Dollars

($250,000.00), pursuant to rules authorized by this

section;

11. Training by the State Purchasing Director of state agency

procurement officers;

12. Review and audit by the State Purchasing Director of state

agency acquisitions;

13. The conditions for increasing acquisition limits for state

agencies which have had a prior reduction in acquisition limit by

the Director of the Office of Management and Enterprise Services;

14. Use of a state purchase card to make acquisitions;

15. Any other matter or practice which relates to the

responsibilities of the State Purchasing Director;

16. Conditions for determination and authorization of

acquisition threshold amounts of state agencies;

17. The form and manner of verification by suppliers that the

supplier is eligible to do business in the State of Oklahoma and has

obtained all necessary permits and licenses, pursuant to applicable

provisions of law; and

18. Payment procedure rules for state agencies to adhere to

regarding statewide contracts.

D. The State Purchasing Director shall provide training for

state agency procurement officials, and other procurement staff, and

is authorized to require retraining of such procurement personnel

found not to be in compliance with provisions of the Oklahoma

Central Purchasing Act or associated rules. The training may

include any matters related to state procurement practices. State

agency purchasing officials that demonstrate proficiency shall be

certified as "certified procurement officers" by the State

Purchasing Director and shall be authorized to make acquisitions

pursuant to provisions of the Oklahoma Central Purchasing Act and

associated rules. The State Purchasing Director may assess a fee to

state agencies for the training that does not exceed each state

agency's pro rata share of the costs the State Purchasing Director

incurs to provide the training.

E. The State Purchasing Director shall review state agency

acquisitions for the purposes of:

Oklahoma Statutes - Title 74. State Government Page 153

1. Ensuring state agency compliance with provisions of the

Oklahoma Central Purchasing Act;

2. Ensuring state agency compliance with rules promulgated by

the Office of Management and Enterprise Services pursuant to the

Oklahoma Central Purchasing Act;

3. Ensuring state agency compliance with provisions of Section

3001 et seq. of this title pertaining to the State Use Committee;

4. Reporting any acquisition by any state agency found not to

be in compliance with those sections or rules to the Director of the

Office of Management and Enterprise Services;

5. A determination by the State Purchasing Director to reduce a

state agency's acquisition authority amount when the state agency is

found not to be in compliance with the Oklahoma Central Purchasing

Act or associated rules or requirements of the State Purchasing

Director pursuant to this section; and

6. A determination by the State Purchasing Director to increase

a state agency's acquisition authority amount after the agency cures

deficiencies in connection with a prior reduction in the authority

amount by the State Purchasing Director.

F. Based on written findings and when recommended by the State

Purchasing Director, the Director of the Office of Management and

Enterprise Services may:

1. Transmit written findings by the State Purchasing Director

to the State Auditor and Inspector for further investigation,

indicating purchasing procedures that do not conform to the Oklahoma

Central Purchasing Act or associated rules; or

2. Transmit to the Attorney General or the State Auditor and
e

Purchasing Director, the Director of the Office of Management and

Enterprise Services may:

1. Transmit written findings by the State Purchasing Director

to the State Auditor and Inspector for further investigation,

indicating purchasing procedures that do not conform to the Oklahoma

Central Purchasing Act or associated rules; or

2. Transmit to the Attorney General or the State Auditor and

Inspector for further investigation a report made by the State

Purchasing Director that the Director of the Office of Management

and Enterprise Services reasonably believes indicates that an action

that constitutes a criminal violation pursuant to the Oklahoma

Central Purchasing Act or other laws has been taken by any state

agency, state agency official, bidder or supplier.

G. 1. Pursuant to the requirements of the Oklahoma Central

Purchasing Act, the State Purchasing Director shall have authority

to enter into any statewide, multistate or multigovernmental

contract. The state entity designated by law, as specified in

Section 1010.3 of Title 56 of the Oklahoma Statutes, shall

participate in the purchase of pharmaceuticals available through

such multistate or multigovernmental contracts entered into by the

State Purchasing Director.

2. Whenever it appears advantageous to the state or to any

state agency to purchase or otherwise acquire any acquisition which

may be offered for sale by the United States government or any

agency thereof, the State Purchasing Director may execute a contract

for the acquisition with the federal government or federal agency

and may also utilize contracts awarded by other governmental

Oklahoma Statutes - Title 74. State Government Page 154

agencies including, but not limited to, agencies of the United

States of America.

3. The State Purchasing Director may designate, for use by

state agencies, contracts described in this subsection and contracts

awarded on behalf of one or more state agencies.

4. Prior to exercising the authority to cancel a contract, the

State Purchasing Director may authorize renegotiation of an existing

contract with an incumbent supplier for the purposes of obtaining

more favorable terms for the state.

5. The State Purchasing Director shall have the authority to

designate certain contracts for state agencies as statewide

contracts and mandatory statewide contracts. In order to carry out

the powers and duties of the Chief Information Officer and

Information Services Division, the Chief Information Officer shall

have the authority to designate certain information technology and

telecommunication contracts as statewide contracts and mandatory

statewide contracts and may negotiate consolidation contracts,

enterprise agreements and high technology system contracts in lieu

of or in conjunction with competitive bidding procedures to reduce

acquisition cost.

6. The State Purchasing Director may publish such

specifications relating to materials, supplies, equipment and

services to be acquired for the state as may best promote

competition and apprise potential suppliers of the type of product

desired.

H. 1. The State Purchasing Director may develop and test new

contracting policies, procedures and innovations that hold potential

for making state procurement more effective and efficient and

identify, and make recommendations to the Legislature of, any

appropriate changes in law. Such development and testing, proof of

concept, pilot project or other similar test shall not be considered

an acquisition subject to the Oklahoma Central Purchasing Act.

2. The State Purchasing Director is authorized to explore and

investigate cost savings in energy, resource usage and maintenance

contracts and to identify and negotiate contract solutions

including, but not limited to, pilot projects to achieve cost

savings for this state.

I. The State Purchasing Director shall endeavor to satisfy

state agencies in terms of cost, quality and timeliness of the
. The State Purchasing Director is authorized to explore and

investigate cost savings in energy, resource usage and maintenance

contracts and to identify and negotiate contract solutions

including, but not limited to, pilot projects to achieve cost

savings for this state.

I. The State Purchasing Director shall endeavor to satisfy

state agencies in terms of cost, quality and timeliness of the

delivery of acquisitions by using bidders who have a record of

successful past performance, promoting competition, minimizing

administrative operating costs and conducting business with

integrity, fairness and openness.

J. The State Purchasing Director shall undertake the following:

1. The use of electronic commerce pursuant to the Oklahoma

Online Bidding Act for solicitation, notification and other

purchasing processes;

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2. Monitoring rules promulgated pursuant to the Oklahoma

Central Purchasing Act to ensure that the rules satisfy the

interests of the state, are clear and succinct and encourage

efficiency in purchasing processes;

3. A program to identify suppliers' performance records;

4. Development of criteria for the use of sealed bid

contracting procedures, negotiated contracting procedures, selection

of types of contracts, postaward administration of purchase orders

and contracts, addendums, termination of contracts and contract

pricing;

5. Continual improvement in the quality of the performance of

the Purchasing Division through training programs, management

seminars, development of benchmarks and key management indicators,

and development of standard provisions, clauses and forms;

6. The State Purchasing Director shall prescribe standardized

contract forms and all other forms or certifications requisite or

deemed necessary by the State Purchasing Director to effectuate the

provisions of the Oklahoma Central Purchasing Act and associated

rules;

7. Development of programs to improve customer relations

through training, improved communications and appointment of

technical representatives;

8. Provide for public two-way communication between procurement

officers and potential bidders who have questions regarding a

request for proposal or invitation to bid; and

9. Determine whether and to what extent information included in

a bid or similar offer is confidential and reject all requests to

disclose the information so designated.

K. The State Purchasing Director may utilize and authorize

state agencies to utilize reverse auctions to obtain acquisitions.

L. Prior to the award of a contract to a supplier, the State

Purchasing Director shall verify, pursuant to applicable provisions

of law, that the supplier is eligible to do business in this state

by confirming registration with the Secretary of State and franchise

tax payment status pursuant to Sections 1203 and 1204 of Title 68 of

the Oklahoma Statutes. The provisions of this subsection shall be

applicable only if the contract amount is Two Hundred Fifty Thousand

Dollars ($250,000.00) or greater.

M. On an annual basis, the State Purchasing Director shall

transmit to the Governor, Speaker of the House of Representatives

and President Pro Tempore of the Senate a report documenting the

savings realized by each agency through the application of best

spend practices including the collection and tracking of spend data,

strategic sourcing programs and implementation of managed and

mandatory statewide contracts and include in the report information

regarding emergency acquisitions.

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N. The acquisition threshold amount applicable to an

acquisition made pursuant to this act or associated rules shall not

apply to state agency purchases; provided, the State Purchasing

Director determines the agency has subject matter experts on staff

having the specialized expertise to purchase goods or services, the
ency acquisitions.

Oklahoma Statutes - Title 74. State Government Page 156

N. The acquisition threshold amount applicable to an

acquisition made pursuant to this act or associated rules shall not

apply to state agency purchases; provided, the State Purchasing

Director determines the agency has subject matter experts on staff

having the specialized expertise to purchase goods or services, the

agency possesses the necessary legal and procurement staff to

procure and monitor the contracts and provided the Director of the

Office of Management and Enterprise Services shall certify that the

proposed purchase does not conflict with consolidated statewide

spend initiatives.

1. Nothing in this subsection shall give an agency authority to

issue statewide, multistate or multigovernmental contracts.

2. Agencies making purchases pursuant to this subsection shall:

a. be responsible for contracts awarded pursuant to this

subsection, which includes, but may not be limited to,

contract management, protest costs, all costs

connected with or incurred as a result of the

contract, including legal representation,

b. comply with rules and policies of the Office of

Management and Enterprise Services, and

c. report contracts issued pursuant to this subsection to

the Office of Management and Enterprise Services,

Central Purchasing Division, on a quarterly basis.

3. Purchases made in accordance with this subsection shall be

made pursuant to rules authorized by this section.

O. The State Purchasing Director, with approval by the Director

of the Office of Management and Enterprise Services, is authorized

to make use of any state laboratories for the tests and analyses

authorized in this section wherever practicable and to use private

laboratories or the laboratories of another government agency if it

is impracticable to use state laboratories. The State Purchasing

Director is further authorized to cooperate in test and analysis

programs or agreements with other states or the United States

government and to accept federal funds and funds donated by private

endowments or foundations for the purpose of participation in such

testing programs.

P. The State Purchasing Director shall require all contractors

or subcontractors who have entered into a contract with a public

employer to submit an affidavit that the contractor or subcontractor

is in compliance with the provisions of Section 1313 of Title 25 of

the Oklahoma Statutes. If the State Purchasing Director determines

that a contractor or subcontractor has knowingly submitted a false

affidavit:

1. The contractor or subcontractor shall be liable for an

administrative penalty of Five Thousand Dollars ($5,000.00) for the

first offense, which shall increase by Two Thousand Dollars

($2,000.00) for each subsequent offense; and

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2. The public employer or the Office of Management and

Enterprise Services may terminate the contract with the contractor

or subcontractor.