Okla. Stat. tit. 74, § 74-85.7

A. 1. Except as otherwise provided by the Oklahoma Central

Purchasing Act, or associated rules:

a. every state agency shall initiate all acquisitions by

the submission of a requisition to the Purchasing

Division, and

b. no state agency shall make an acquisition for an

amount exceeding Fifty Thousand Dollars ($50,000.00)

or the limit determined by the State Purchasing

Director pursuant to rules authorized by Section 85.5

of this title, not to exceed Two Hundred Fifty

Thousand Dollars ($250,000.00), without submission of

a requisition to the Purchasing Division for issuance

of a solicitation for the acquisition on behalf of the

agency. Any exemption from competitive bid

requirements of the Oklahoma Central Purchasing Act

further exempts the acquisition from requisition

requirements of the act.

2. The State Purchasing Director may request additional

information necessary to adequately review a requisition to ensure

compliance with the Oklahoma Central Purchasing Act and associated

rules. If the State Purchasing Director determines that an

acquisition is not necessary, excessive or not justified, the State

Purchasing Director shall deny the requisition.

3. The provisions of the Oklahoma Central Purchasing Act shall

not preclude a state agency from:

a. accepting gifts or donations in any manner authorized

by law, or

b. making an acquisition for itself without submitting a

requisition under this section when authorized in

writing by the State Purchasing Director.

Oklahoma Statutes - Title 74. State Government Page 160

4. Any acquisition a state agency makes shall be made pursuant

to the Oklahoma Central Purchasing Act and associated rules. No

agency shall use split purchasing for the purpose of evading the

requirement of competitive bidding or other requirement of the

Oklahoma Central Purchasing Act or associated rules. Violation of

this provision shall be cause for discipline of a state employee up

to and including termination.

5. The State Purchasing Director may waive or increase the

limit authorized for a state agency acquisition made pursuant to its

own competitive procedures. To perfect an otherwise valid

acquisition inadvertently exceeding the limit due to administrative

error by a state agency or unforeseeable circumstances, the state

agency shall request a limited waiver or increase upon the discovery

of the error or circumstance to the State Purchasing Director. The

State Purchasing Director shall report requests for waivers or

increases, stating the amount and whether the request was granted or

denied, upon request by the Governor, President Pro Tempore of the

Senate or Speaker of the House of Representatives.

6. Competitive bidding requirements of this section shall not

be required for the following:

a. contracts for master custodian banks or trust

companies, investment managers, investment

consultants, and actuaries for the state retirement

systems, and Oklahoma Employees Insurance and Benefits

Board, pension fund management consultants of the

Oklahoma State Pension Commission and the

Commissioners of the Land Office, examiners, experts,

or consultants for the Insurance Department whose job

duties are tied to Market Conduct Exams, Financial

Exams, and Insurance Business Transfers, financial

institutions to act as depositories and managers of

the Oklahoma College Savings Plan accounts and other

professional services as defined in Section 803 of

Title 18 of the Oklahoma Statutes. When requested by

the Oklahoma Employees Insurance and Benefits Board or

the governing board of a state retirement system

authorized to hire investment managers, the Purchasing

Division shall assist in the process of selecting

investment managers,

b. a state agency making such an acquisition shall notify

the State Purchasing Director within fifteen (15) days

following completion of the acquisition. A list of

the exempt contracts shall be provided, upon request,
the governing board of a state retirement system

authorized to hire investment managers, the Purchasing

Division shall assist in the process of selecting

investment managers,

b. a state agency making such an acquisition shall notify

the State Purchasing Director within fifteen (15) days

following completion of the acquisition. A list of

the exempt contracts shall be provided, upon request,

to a member of the Appropriations and Budget Committee

of the House of Representatives or Appropriations

Committee of the Senate,

Oklahoma Statutes - Title 74. State Government Page 161

c. purchases of postage by state agencies made pursuant

to Sections 90.1 through 90.4 of this title,

d. a sole source acquisition made in compliance with

Section 85.44D.1 of this title,

e. an acquisition for design, development, communication

or implementation of the state employees flexible

benefits plan; provided, procedures used for the

acquisition are consistent with competitive bid

requirements of the Oklahoma Central Purchasing Act

and associated rules,

f. any acquisition of a service which the Office of

Management and Enterprise Services has approved as

qualifying for a fixed and uniform rate, subject to

the following:

(1) the Purchasing Division shall establish criteria

and guidelines for those services which may

qualify for a fixed and uniform rate,

(2) fixed and uniform rate contracts authorized by

this subsection shall be limited to contracts for

those services furnished to persons directly

benefiting from such services and shall not be

used by a state agency to employ consultants or

to make other acquisitions,

(3) any state agency desiring to have a service

qualified for a fixed and uniform rate shall make

a request for service qualification to the State

Purchasing Director and submit documentation to

support the request. The State Purchasing

Director shall approve or deny the request. If

approved, the state agency shall establish a

fixed and uniform rate for the service. No

contracts shall be entered into by the state

agency until the rate has been approved by the

state agency in a public hearing. The proposed

rate shall be clearly and separately identified

in the agenda of the state agency for the hearing

and shall be openly and separately discussed

during such hearing. The state agency shall

notify the State Purchasing Director of its

pending consideration of the proposed rate at

least thirty (30) days before the state agency is

to meet on the proposed rate and deliver a copy

of the agenda items concerning the proposed rate

with supporting documentation. The State

Purchasing Director shall communicate any

observation, reservation, criticism or

recommendation to the agency, either in person at

Oklahoma Statutes - Title 74. State Government Page 162

the time of the hearing or in writing delivered

to the state agency before or at the time of the

hearing. The State Purchasing Director shall

specifically note in the written communications

whether the Director has determined the rate to

be excessive. Any written communication

presented in the absence of the State Purchasing

Director shall be presented orally during the

public hearing. Whether made in person or in

writing, any comment made by the State Purchasing

Director shall be made a part of the minutes of

the hearing in full,
ecifically note in the written communications

whether the Director has determined the rate to

be excessive. Any written communication

presented in the absence of the State Purchasing

Director shall be presented orally during the

public hearing. Whether made in person or in

writing, any comment made by the State Purchasing

Director shall be made a part of the minutes of

the hearing in full,

(4) within two (2) weeks after the convening of the

Legislature, the administrative officer of the

state agency shall furnish to the Speaker of the

House of Representatives, the President Pro

Tempore of the Senate and to any member of the

House or Senate, if requested by the member, a

complete list of all of the types of services

paid for by uniform fixed rates, the amount of

the rate last approved by the agency for the

service and the number of contracts then in

existence for each type of service. Any rate

which has been determined to be excessive by the

State Purchasing Director shall be specifically

identified in the list by the state agency, and

(5) at any time, the State Purchasing Director may

review, suspend or terminate a contract entered

into pursuant to the provisions of this paragraph

if the Director determines the contract is not

necessary, is excessive or is not justified,

g. an acquisition for a client of the State Department of

Rehabilitation Services; provided, the agency develops

and maintains standards for such an acquisition. The

agency may elect to utilize the Purchasing Division

for an acquisition. The standards shall foster

economy, provide a short response time, include

appropriate safeguards, require written records,

ensure appropriate competition for economical and

efficient purchasing and shall be approved by the

State Purchasing Director,

h. structured settlement agreements entered into by the

Attorney General’s office in order to settle any

lawsuit involving the state, the Legislature, any

state agency or any employee or official of the state

if:

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(1) prior to entering into any contract for the

services of an entity to administer a structured

settlement agreement, the Attorney General

receives proposals from at least three entities

engaged in providing such services, and

(2) the selection of a particular entity is made on

the basis of the response to the request which is

the most economical and provides the most

competent service which furthers the best

interests of the state,

i. an acquisition by a state agency pursuant to a

contract the State Purchasing Director enters into on

behalf of a state agency or awards and designates for

use by state agencies,

j. an acquisition by the Committee for Sustaining

Oklahoma’s Energy Resources pursuant to a contract

with a local supplier for the purpose of holding a

special event or an exhibition throughout the state,

and

k. contracts for the study, analysis, and planning, as

reasonably necessary, to aid in determining the

feasibility of leasing, selling, or privately managing

or developing the property or facilities under control

of the Oklahoma Tourism and Recreation Commission.

The Commission shall be exempt from the competitive

bidding requirements of the Oklahoma Central

Purchasing Act for the purpose of soliciting,

negotiating, and effectuating such a contract or

contracts; provided, that the State Purchasing

Director shall review and audit all uses of the

exemptions provided in this subparagraph biannually.

7. Notwithstanding any other provision of law, an acquisition

may be exempted from requirements of this section by the State

Purchasing Director when in the State Purchasing Director’s

discretion unusual, time-sensitive or unique circumstances exist

which make such exemption in the best and immediate interest of the

state. As used in this subsection, “State Purchasing Director”
h biannually.

7. Notwithstanding any other provision of law, an acquisition

may be exempted from requirements of this section by the State

Purchasing Director when in the State Purchasing Director’s

discretion unusual, time-sensitive or unique circumstances exist

which make such exemption in the best and immediate interest of the

state. As used in this subsection, “State Purchasing Director”

shall not mean a designee. Any such acquisitions shall be described

in detail and publicly posted as a data feed. The description shall

include the name of the supplier, cost of the acquisition, reason

for exemption and, as applicable, detailed comparison of the

acquisition with comparable items, any identified cost savings

resulting from the acquisition and a description of benefits to the

state. The State Purchasing Director shall take no action under the

provisions of this subsection prior to such public posting.

B. Competitively bid acquisitions shall be awarded to the

lowest and best, or best value, bidder or bidders.

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C. Bids for an amount requiring submission of requisitions to

the Purchasing Division shall be evaluated by the Purchasing

Division and the state agency receiving the acquisition. At a

minimum, cost and technical expertise shall be considered in

determining the lowest and best, or best value, bid. Further, the

state agency shall present its evaluation and recommendation to the

State Purchasing Director. A documented evaluation report

containing the evaluations of the Purchasing Division or the state

agency shall be completed prior to the contract award and such

report shall be a matter of public record.

D. Except as otherwise specifically provided by law, the

acquisition of food items or food products by a state agency from a

public trust created pursuant to Sections 176 through 180.56 of

Title 60 of the Oklahoma Statutes shall comply with competitive

bidding requirements of this section.

E. Cooperative contracts shall not be utilized unless the

purchasing cooperative and its affiliated suppliers have complied

with competitive bid requirements of the Oklahoma Central Purchasing

Act and associated rules.

F. Notwithstanding any provision of the Oklahoma Central

Purchasing Act, in all cases where federal granted funds are

involved, the federal laws, rules and regulations thereto shall

govern to the extent necessary to inure to the benefit of such funds

to this state.

G. A court order requiring an acquisition by a state agency,

whether or not such state agency is subject to the Oklahoma Central

Purchasing Act, shall not invalidate competitive bidding procedures

required by this section if such court order does not specify a

specific supplier. Any such acquisition shall comply with

competitive bid procedures.