Competitive bidding; cooperative purchasing agreements; effective date; emergency.

An Act
ENROLLED HOUSE
BILL NO. 2743 By: Caldwell (Trey) of the
House

and

Green of the Senate

An Act relating to competitive bidding, amending 61
O.S. 2021, Section 139, which relates to authority to
enter into cooperative purchasing agreements;
limiting cooperative purchasing on new projects;
requiring and limiting certain applications of funds;
updating reference; defining term; providing an
effective date; and declaring an emergency.

SUBJECT: Competitive bidding

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY 61 O.S. 2021, Section 139, is
amended to read as follows:

Section 139. A. In addition to any authority to enter an
agreement pursuant to the Interlocal Cooperation Act, any school
district, including a technology school district, may either
participate in, sponsor, conduct or administer a cooperative
purchasing agreement for the acquisition of any commodities or
services with one or more public agencies in accordance with an
agreement entered into between the participants. Such cooperative
purchasing may include, but is not limited to, joint or multiparty
contracts between public agencies and open-ended state public
procurement contracts. Cooperative purchasing shall not include new
construction. For cooperative purchasing agreements, all funds
shall be applied toward chargeables under the agreements or toward
direct administrative costs associated with the agreements. No
entity shall take a percentage of the funds as profit under the
cooperative purchasing agreement.

ENR. H. B. NO. 2743 Page 2
B. Any local public procurement unit may either participate in,
sponsor, conduct or administer a cooperative or piggybacking
purchasing agreement for the acquisition of any commodities or
services, including construction services, with one (1) or more
public procurement units or external procurement units in accordance
with an agreement entered into between the participants. Such
cooperative purchasing may include, but is not limited to, joint or
multiparty contracts between public procurement units and open-ended
state public procurement unit contracts which are made available to
local public procurement units. Purchases made in accordance with
this subsection by a local public procurement unit shall be required
to satisfy any procurement regulation, including The Oklahoma
Central Purchasing Act, the Public Competitive Bidding Act of 1974,
the Oklahoma State Finance Act, related administrative rules and
federal regulations that may apply due to the federal source of the
funding for the anticipated purchase.

C. For purposes of this section, the following definitions
apply:

1. “Local public procurement unit” shall mean, inter alia, any
county, city, town, state agency, and any other subdivision of the
state or public unit or agency thereof;

2. “External procurement unit” shall mean any buying
organization in the United States not located in this state which,
if located in this state, would qualify as a public procurement
unit; and

3. “Cooperative or piggybacking purchasing agreement” shall
mean an agreement between a local public procurement unit and
another local public procurement unit or an external procurement
unit to authorize the use of a contract procured by one of the
parties to the agreement to benefit the other party to the
agreement. This term shall also mean an agreement that provides
access to a product or service that is lower in price than a
comparable product or service that is available through the usage of
a statewide, multistate or multigovernmental contract issued by the
state Purchasing Division of the Office of Management and Enterprise
Services; and

4. “New construction” shall mean any building not previously
constructed that has not been occupied or used. New construction
shall not mean bus barns, agriculture barns, storage buildings,
batting cages, or similar structures.
ENR. H. B. NO. 2743 Page 3
D. Nothing in this section shall supersede the obligation of a
state agency to adhere to rules regarding statewide contracts issued
by the state Purchasing Division. Neither shall any provision of
this section be construed to waive the obligation of a state agency
to utilize a mandatory purchasing contract as designated by the
State Purchasing Director.

SECTION 2. This act shall become effective July 1, 2025.

SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 2743 Page 4
Passed the House of Representatives the 22nd day of May, 2025.

Presiding Officer of the House
of Representatives

Passed the Senate the 22nd day of May, 2025.

Presiding Officer of the Senate

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.

_________________________________
Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________