State government; Department of Central Purchasing; Central Purchasing Division; Director; Office of Management and Enterprise Services; effective date.

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STATE OF OKLAHOMA

2nd Session of the 60th Legislature (2026)

HOUSE BILL 3357 By: Williams

AS INTRODUCED

An Act relating to state government; creating the
Department of Central Purchasing; directing the
Department of Central Purchasing to assume duties of
the Central Purchasing Division of the Office of
Management and Enterprise Services; providing for
succession to contractual rights and
responsibilities; requiring Director to adopt and
enforce certain rules and authorizing further
rulemaking authority; authorizing execution of
certain agreement; providing certain protections
relating to salary, leave, time earned, and benefits;
requiring transfer of personnel to be coordinated
with Office of Management and Enterprise Services;
requiring payment of certain expenses; abolishing
certain division within the Office of Management and
Enterprise Services upon completion of transfer;
amending 19 O.S. 2021, Section 1505, as last amended
by Section 1, Chapter 66, O.S.L. 2025 (19 O.S. Supp.
2024, Section 1505), 20 O.S. 2021, Section 1304, 57
O.S. 2021, Section 549.1, 61 O.S. 2021, Section 139,
74 O.S. 2021, Section 85.3, 74 O.S. 2021, Section
85.5, as amended by Section 1, Chapter 102, O.S.L.
2024 (74 O.S. Supp. 2024, Section 85.5), 74 O.S.
2021, Section 85.5a, 74 O.S. 2021, Sections 85.7, as
last amended by Section 1, Chapter 339, O.S.L. 2023,
Section 85.12, as amended by Section 2, Chapter 339,
O.S.L. 2023 (74 O.S. Supp. 2024, Sections 85.7, and
85.12), 74 O.S. 2021, Section 85.17A, 74 O.S. 2021,
Section 85.33, 74 O.S. 2021, Section 85.33A, 74 O.S.
2021, Section 85.41A, 74 O.S. 2021, Section 85.44D.1,
74 O.S. 2021, Section 85.45j.11, 74 O.S. 2021,
Section 85.45k, 74 O.S. 2021, Section 85.54, 74 O.S.
2021, Section 85.58Q, 74 O.S. 2021, Section 85.58T,
74 O.S. 2021, Section 85.58V, 74 O.S. 2021, Sections
3001, as amended by Section 1, Chapter 252, O.S.L.

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2022, 3001.1, as amended by Section 2, Chapter 252,
O.S.L. 2022, 3003, as amended by Section 3, Chapter
252, O.S.L. 2022, 3004, as amended by Section 4,
Chapter 252, O.S.L. 2022, 3004.1, as amended by
Section 5, Chapter 252, O.S.L. 2022, Section 3004.2,
as amended by Section 6, Chapter 252, O.S.L. 2022,
3005, as amended by Section 7, Chapter 252, O.S.L.
2022, 3006, as amended by Section 8, Chapter 252,
O.S.L. 2022, 3007, as amended by Section 9, Chapter
252, O.S.L. 2022, 3008, as amended by Section 10,
Chapter 252, O.S.L. 2022, 3009, as amended by Section
11, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2024,
Sections 3001, 3001.1, 3003, 3004, 3004.1, 3004.2,
3005, 3006, 3007, 3008, and 3009), 74 O.S. 2021,
Section 4191, and 80 O.S. 2021, Section 34.2, which
relate to the duties and responsibilities of the
Central Purchasing Division of the Office of
Management and Enterprise Services; replacing
references to the Central Purchasing Division and
that division director to the Department of Central
Purchasing and the Director of the Department of
Central Purchasing; providing for codification; and
providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 61.10 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created the Department of Central
Purchasing. The Governor shall appoint a Director of the Department
of Central Purchasing, by and with the advice and consent of the
Oklahoma State Senate, who shall hold office at the pleasure of the
Governor and shall continue to serve until his or her successor is

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duly appointed and is qualified. The salary of the Director of the
Department of Central Purchasing shall be set by the Governor.
B. The Director of the Department of Central Purchasing, with
the approval of the Governor, shall employ and make the appointment
of such experts and assistants as may be necessary in the
performance of the Director's duties as required by law.
C. Beginning on the effective date of this act, the Central
Purchasing Division of the Office of Management and Enterprise
Services shall cease providing financial services related to the
Oklahoma Central Purchasing Act, as well as procurement services,
and transfer statutory responsibilities to the Department of Central
Purchasing. The Department of Central Purchasing and the Director
of the Department of Central Purchasing shall exercise the statutory
powers, duties, and contractual responsibilities related to the
Central Purchasing Act of the Central Purchasing Division of the
Office of Management and Enterprise Services. All records,
property, equipment, assets, monies, financial interests,
liabilities, matters pending, and funds of the Central Purchasing
Division of the Office of Management and Enterprise Services related
to the Central Purchasing Act shall be transferred to the Department
of Central Purchasing.
D. The Department shall succeed to any relevant contractual
rights or responsibilities incurred by the Central Purchasing
Division of the Office of Management and Enterprise Services.

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E. Rules promulgated by the Central Purchasing Division of the
Office of Management and Enterprise Services that are in effect on
the effective date of this act shall be immediately adopted and
enforced by the Department and the Director of the Department, and
the Department shall maintain the authority to further promulgate
and enforce rules.
F. The Department and the Office of Management and Enterprise
Services may enter into an agreement for the transfer of personnel
from the Office of Management and Enterprise Services to the
Department. Employees shall be transferred to the Department based
on necessity as determined by the Department and the Office of
Management and Enterprise Services. All employees who are
transferred to the Department shall not be required to accept a
lesser grade or salary than presently received. All employees shall
retain leave, sick, and annual time earned, and any retirement and
longevity benefits which have accrued during their tenure with the
Office of Management and Enterprise Services. The transfer of
personnel between the state agencies shall be coordinated with the
Office of Management and Enterprise Services.
G. The expenses incurred by the Department as a result of the
transfer required by this section shall be paid by the Office of
Management and Enterprise Services.
H. The Central Purchasing Division within the Office of
Management and Enterprise Services shall cease any services related

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to the Oklahoma Central Purchasing Act after the transfer has been
completed.
I. The Office of Management and Enterprise Services shall
coordinate the transfer of records, property, equipment, assets,
funds, allotments, purchase orders, liabilities, outstanding
financial obligations, or encumbrances provided for in this section.
SECTION 2. AMENDATORY 19 O.S. 2021, Section 1505, as
amended by Section 2, Chapter 85, O.S.L. 2025 (19 O.S. Supp. 2025,
Section 1505), is amended to read as follows:
Section 1505. The following procedures shall be used by
counties for the requisition, purchase, lease-purchase, rental, and
receipt of supplies, materials, road and bridge construction
services, equipment, and other services, except for professional
services as defined in Section 803 of Title 18 of the Oklahoma
Statutes, for the maintenance, operation, and capital expenditures
of county government unless otherwise provided for by law.
A. The procedure for requisitioning items for county offices
shall be as follows:
1. The requesting department shall prepare a requisition form
in triplicate. The requisition shall contain any specifications for
an item as deemed necessary by the requesting department. The form
shall be prescribed by the State Auditor and Inspector;

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2. The requesting department shall retain a copy of the
requisition and forward the original requisition and a copy to the
county purchasing agent; and
3. Upon receipt of the requisition, the county purchasing
agent, within two (2) working days, shall begin the bidding and
purchasing process as provided for in this section. Nothing in this
section shall prohibit the transfer of supplies, materials, or
equipment between county departments upon a written agreement
between county officers.
B. The bid procedure for selecting a vendor for the purchase,
lease-purchase, or rental of supplies, materials, equipment, and
services used by a county shall be as follows:
1. The county purchasing agent shall request written
recommendations from all county officers pertaining to needed or
commonly used supplies, materials, road and bridge construction
services, equipment, and services. From such recommendations and
available requisition, purchase, or inventory records, the county
purchasing agent shall prepare a list of items needed or commonly
used by county officers. The county purchasing agent shall request
from the Purchasing Division Department of Central Purchasing or
from the Information Services Division in the case of information
technology and telecommunication goods and services of the Office of
Management and Enterprise Services all contracts quoting the price
the state is paying for the items. The county purchasing agent

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shall either request the Purchasing Division Department of Central
Purchasing or the Information Services Division of the Office of
Management and Enterprise Services, as applicable, to make the
purchase for the county or the county purchasing agent shall solicit
bids for unit prices on the items for periods of not to exceed
twelve (12) months in the manner described in paragraph 2 of this
subsection. If the county purchasing agent receives a requisition
for an item for which the county purchasing agent does not have a
current bid, the county purchasing agent shall request from the
Purchasing Division Department of Central Purchasing or the
Information Services Division of the Office of Management and
Enterprise Services, as applicable, all contracts quoting the price
the state is paying for the item. The county purchasing agent shall
either request the Purchasing Division Department of Central
Purchasing or the Information Services Division of the Office of
Management and Enterprise Services, as applicable, to make the
purchase for the county or the county purchasing agent shall solicit
bids in the manner described in paragraph 2 of this subsection.
Nothing in this paragraph shall prohibit bids from being taken on an
item currently on a twelve-month bid list, at any time deemed
necessary by the county purchasing agent. Whenever the county
purchasing agent deems it necessary to take a bid on an item
currently on a twelve-month bid list, the reason for the bid shall
be entered into the minutes of the board of county commissioners;

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2. Bids shall be solicited by mailing or emailing a notice to
all persons or firms who have made a written request of the county
purchasing agent that they be notified of such bid solicitation and
to all other persons or firms who might reasonably be expected to
submit bids. Notice of solicitation of bids shall also be published
one time in a newspaper of general circulation in the county.
Notices shall be mailed and published at least ten (10) days prior
to the date on which the bids are opened. Proof of the mailing or
emailing shall be made by the affidavit of the person mailing or
emailing the request for bids and shall be made a part of the
official records of the county purchasing agent. The notice shall
specify whether the county will consider written bids, electronic
bids, or both; the decision to exclusively consider either written
bids or electronic bids shall be determined pursuant to an
affirmative vote of the board of county commissioners. Whenever any
prospective supplier or vendor dealing in or listing for sale any
particular item or article required to be purchased or acquired by
sealed bids fails to enter or offer a sealed bid for three
successive bid solicitations, the name of the supplier or vendor may
be dropped from the mailing lists of the board of county
commissioners;
3. The sealed bids received from vendors and the state contract
price received from the applicable division of the Office of
Management and Enterprise Services shall be given to the county

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clerk by the county purchasing agent. The county clerk shall
forward the sealed bids and state contract price, if any, to the
board of county commissioners;
4. The board of county commissioners, in an open meeting, shall
open the sealed bids and compare them to the state contract price.
The board of county commissioners shall select the lowest and best
bid based upon, if applicable, the availability of material and
transportation cost to the job site within thirty (30) days of the
meeting. For any special item not included on the list of needed or
commonly used items, the requisitioning official shall review the
bids and submit a written recommendation to the board before final
approval. The board of county commissioners shall keep a written
record of the meeting as required by law, and any time the lowest
bid was not considered to be the lowest and best bid, the reason for
such conclusion shall be recorded. Whenever the board of county
commissioners rejects the written recommendation of the
requisitioning official pertaining to a special item, the reasons
for the rejection shall be entered in their minutes and stated in a
letter to the requisitioning official and county purchasing agent;
5. The county purchasing agent shall notify the successful
bidders and shall maintain a copy of the notification. The county
purchasing agent shall prepare and maintain a vendors list
specifying the successful bidders and shall notify each county
officer of the list. The county purchasing agent may remove any

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vendor from such list who refuses to provide goods or services as
provided by contract if the removal is authorized by the board of
county commissioners. The county purchasing agent may make
purchases from the remaining bidders for a price at or below the bid
price; and
6. When bids have been solicited as provided for by law and no
bids have been received, the procedure shall be as follows:
a. the county purchasing agent shall determine if
potential vendors are willing to commit to a firm
price for a reduced period of time, and, if such is
the case, the bid procedure described in this
subsection shall be followed,
b. if vendors are not willing to commit to a firm price
for a reduced period, the purchasing agent shall
solicit and record at least three quotes of current
prices available to the county and authorize the
purchase of goods or services based on the lowest and
best quote as it becomes necessary to acquire such
goods or services. The quotes shall be recorded on a
form prescribed by the State Auditor and Inspector and
shall be attached to the purchase order and filed with
the county clerk’s copy of the purchase order. Any
time the lowest quote was not considered to be the
lowest and best quote, the reason for this conclusion

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shall be recorded by the county purchasing agent and
transmitted to the county clerk, or
c. if three quotes are not available, a memorandum to the
county clerk from the county purchasing agent shall
describe the basis upon which a purchase is
authorized. The memorandum shall state the reasons
why the price for such a purchase is the lowest and
best under the circumstances. The county clerk shall
then attach the memorandum to the county clerk’s copy
of the purchase order and file both in the office of
the county clerk.
C. After selection of a vendor, the procedure for the purchase,
lease-purchase, or rental of supplies, materials, road and bridge
construction services, equipment, and services used by a county
shall be as follows:
1. The county purchasing agent shall prepare a purchase order
in quadruplicate and submit it with a copy of the requisition to the
county clerk;
2. The county clerk shall then encumber the amount stated on
the purchase order and assign a sequential number to the purchase
order;
3. If there is an unencumbered balance in the appropriation
made for that purpose by the county excise board, the county clerk
shall so certify in the following form:

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“I hereby certify that the amount of this encumbrance has been
entered against the designated appropriation accounts and that this
encumbrance is within the authorized available balance of the
appropriation.
Dated this ________ day of ________, 20__.
________________________________
County Clerk/Deputy
of _____________________ County”.
In instances where it is impossible to ascertain the exact amount of
the indebtedness sought to be incurred at the time of recording the
encumbrance, an estimated amount may be used. No purchase order
shall be valid unless signed by the county purchasing agent and
certified by the county clerk; and
4. The county clerk shall file the original purchase order and
return three copies to the county purchasing agent who shall file a
copy, retain a copy for the county road and bridge inventory officer
if the purchase order is for the purchase of equipment, supplies, or
materials for the construction or maintenance of roads and bridges,
and submit the other copy to the receiving officer of the requesting
department.
D. 1. The procedure for the purchase of supplies, materials,
equipment, and services at public auction or by sealed bid to be
used by a county shall be as follows:

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a. the county purchasing agent shall prepare a purchase
order in quadruplicate and submit it with a copy of
the requisition to the county clerk,
b. the county clerk shall then encumber the amount stated
on the purchase order and assign a sequential number
to the purchase order,
c. if there is an unencumbered balance in the
appropriation made for that purpose by the county
excise board, the county clerk shall so certify in the
following form:
“I hereby certify that the amount of this encumbrance
has been entered against the designated appropriation
accounts and that this encumbrance is within the
authorized available balance of the appropriation.
Dated this ________ day of ________, 20__.
________________________________
County Clerk/Deputy
of _____________________ County”.
In instances where it is impossible to ascertain the
exact amount of the indebtedness sought to be incurred
at the time of recording the encumbrance, an estimated
amount may be used. No purchase order shall be valid
unless signed by the county purchasing agent and
certified by the county clerk, and

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d. the county clerk shall file the original purchase
order and return three copies to the county purchasing
agent who shall file a copy, retain a copy for the
county road and bridge inventory officer if the
purchase order is for the purchase of equipment,
supplies, or materials for the construction or
maintenance of roads and bridges, and submit the other
copy to the receiving officer of the requesting
department.
2. The procedure for the purchase of supplies, materials, and
equipment at a public auction when the purchase will be made with
the proceeds from the sale of county property at the same public
auction is as follows:
a. the purchasing agent shall cause such items being sold
to be appraised in the manner determined in Section
421.1 of this title,
b. the county purchasing agent shall prepare a purchase
order in quadruplicate and submit it with a copy of
the requisition to the county clerk,
c. the county clerk shall then encumber the amount of the
appraised value and any additional funds obligated by
the county on the purchase order and assign a
sequential number to the purchase order,

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d. the county clerk shall certify that the amount of the
encumbrance is equal to the appraised value of the
item being sold plus any additional funds obligated by
the county. In effect, the recording of the
encumbrance is an estimate that is authorized by law.
No purchase order shall be valid unless signed by the
county purchasing agent and certified by the county
clerk,
e. the county clerk shall file the original purchase
order and return three copies to the county purchasing
agent who shall file a copy, retain a copy for the
county road and bridge inventory officer if the
purchase order is for the purchase of equipment,
supplies, or materials for the construction or
maintenance of roads and bridges, and submit the other
copy to the receiving officer of the requesting
department, and
f. a purchase shall not be bid until such time that the
appraised item or items are sold. Any item or items
purchased shall not exceed the appraised value plus
any additional funds obligated by the county or the
actual selling price of the item or items, whichever
is the lesser amount.
E. The procedure for the receipt of items shall be as follows:

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1. A receiving officer for the requesting department shall be
responsible for receiving all items delivered to that department;
2. Upon the delivery of an item, the receiving officer shall
determine if a purchase order exists for the item being delivered;
3. If no such purchase order has been provided, the receiving
officer shall refuse delivery of the item;
4. If a purchase order is on file, the receiving officer shall
obtain a delivery ticket, bill of lading, or other delivery document
and compare it with the purchase order. If any item is back-
ordered, the back order and estimated date of delivery shall be
noted in the receiving report;
5. The receiving officer shall complete a receiving report in
quadruplicate which shall state the quantity and quality of goods
delivered. The receiving report form shall be prescribed by the
State Auditor and Inspector. The person delivering the goods shall
acknowledge the delivery by signature, noting the date and time;
6. The receiving officer shall file the original receiving
report and submit:
a. a copy of the purchase order and a copy of the
receiving report to the county purchasing agent, and
b. a copy of the receiving report with the delivery
documentation to the county clerk;
7. The county purchasing agent shall file a copy of the
purchase order and a copy of the receiving report;

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8. Upon receipt of the original receiving report and the
delivery documentation, the county clerk shall maintain a file until
such time as an invoice is received from the vendor;
9. The invoice shall state the name and address of the vendor
and must be sufficiently itemized to clearly describe each item
purchased, the unit price when applicable, the number or volume of
each item purchased, the total price, the total purchase price, and
the date of the purchase;
10. Upon receipt of an invoice, the county clerk shall compare
the following documents:
a. requisition,
b. purchase order,
c. invoice with noncollusion affidavit as required by
law,
d. receiving report, and
e. delivery document.
The documents shall be available for public inspection during
regular business hours; and
11. If the documents conform as to the quantity and quality of
the items, the county clerk shall prepare a warrant for payment
according to procedures provided for by law.
F. The following procedures are for the processing of purchase
orders:

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1. The purchasing agent shall be allowed up to three (3) days
to process purchase orders to be presented to the board of county
commissioners for consideration and payment. Nothing herein shall
prevent the purchasing agent from processing or the board of county
commissioners from consideration and payment of utilities, travel
claims, and payroll claims;
2. The board of county commissioners shall consider the
purchase orders so presented and act upon the purchase orders, by
allowing in full or in part or by holding for further information or
disallowing the same. The disposition of purchase orders shall be
indicated by the board of county commissioners, showing the amounts
allowed or disallowed, and shall be signed by at least two members
of the board of county commissioners. Any claim held over for
further information shall be acted upon by allowing or disallowing
same at any future meeting of the board held within seventy-five
(75) days from the date of filing of the purchase order. Any
purchase order not acted upon within the seventy-five (75) days from
the date of filing shall be deemed to have been disallowed, but such
disallowance shall not prevent the refiling of the purchase order at
the proper time; and
3. Whenever any allowance, either in whole or in part, is made
upon any purchase order presented to the board of county
commissioners and is accepted by the person making the claim, such
allowance shall be a full settlement of the entire purchase order

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and provided that the cashing of warrant shall be considered as
acceptance by the claimant.
G. The procedure upon consumption or disposal of supplies,
materials, or equipment shall be as follows:
1. For consumable road or bridge items or materials, a
quarterly report of the road and bridge projects completed during
such period shall be prepared and kept on file by the consuming
department. The quarterly report may be prepared and kept
electronically by the consuming department. The report shall
contain a record of the date, the place, and the purpose for the use
of the road or bridge items or materials. For purposes of
identifying county bridges, the board of county commissioners shall
number each bridge subject to its jurisdiction; and
2. For disposal of all equipment and information technology and
telecommunication goods which originally cost more than Five Hundred
Dollars ($500.00), resolution of disposal shall be submitted by the
officer on a form prescribed by the Office of the State Auditor and
Inspector to the board of county commissioners. The approval of the
resolution of disposal shall be entered into the minutes of the
board.
H. Inventory forms and reports shall be retained for not less
than two (2) years after all audit requirements for the state and
federal government have been fulfilled and after any pending
litigation involving the forms and reports has been resolved.

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I. The procedures provided for in this section shall not apply
when a county officer certifies that an emergency exists requiring
an immediate expenditure of funds. Such an expenditure of funds
shall not exceed Five Thousand Dollars ($5,000.00). The county
officer shall give the county purchasing agent a written explanation
of the emergency. The county purchasing agent shall attach the
written explanation to the purchase order. The purchases shall be
paid by attaching a properly itemized invoice, as described in this
section, to a purchase order which has been prepared by the county
purchasing agent and submitting them to the county clerk for filing,
encumbering, and consideration for payment by the board of county
commissioners.
J. The county purchasing agent may authorize county purchasing
officers to make acquisitions through the state purchase card
program as authorized by the State Purchasing Director in accordance
with Section 85.5 of Title 74 of the Oklahoma Statutes and defined
in Section 85.2 of Title 74 of the Oklahoma Statutes. A purchase
cardholder shall sign a purchase card agreement prior to becoming a
cardholder and attend purchase card procedure training as required
by the State Purchasing Director. Complete descriptions of
purchases made by county government entities shall be published as
warrants required to be published pursuant to Sections 444 and 445
of this title.

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K. Nothing in this section shall prohibit counties from
providing material and/or services bids on the twelve-month bid list
to all road and bridge projects and contracts. All non-road and
bridge related construction contracts shall refer to subsection A of
Section 103 of Title 61 of the Oklahoma Statutes.
SECTION 3. AMENDATORY 20 O.S. 2021, Section 1304, is
amended to read as follows:
Section 1304. A. Claims against the court fund shall include
only expenses lawfully incurred for the operation of the court in
each county. Payment of the expenses may be made after the claim is
approved by the district judge who is a member of the governing
board of the court fund and either the local court clerk or the
local associate district judge who is a member of the governing
board. No expenditures falling into any category listed in
paragraphs 1, 5, 6, 7 and 13 of subsection B of this section, may be
made without prior written approval of the Chief Justice of the
Supreme Court. The Supreme Court may provide by rule the manner in
which expenditures in the restricted categories shall be submitted
for approval. When allowing the expenditures in paragraphs 6 and 7
of subsection B of this section, the Chief Justice shall direct that
resort first be had to the surplus funds in the court fund in the
county involved.
B. The term "expenses" shall include the following items and
none others:

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1. Compensation of bailiffs and employees of the court fund;
2. Juror fees and mileage, as well as overnight accommodation
and food expense for jurors kept together as set out in Section 81
et seq. of Title 28 of the Oklahoma Statutes;
3. Witness fees and mileage for witnesses subpoenaed by the
defense as set out in Section 81 et seq. of Title 28 of the Oklahoma
Statutes, except that expert witnesses for county indigent defenders
shall be paid a reasonable fee for their services;
4. Office supplies, books for records, postage, and printing;
5. Furniture, fixtures, and equipment;
6. Renovating, remodeling, and maintenance of courtrooms,
judge's chambers, clerk's offices, and other areas primarily used
for judicial functions;
7. Rent for courtroom facilities outside the courthouse;
8. Judicial robes;
9. Attorney fees for indigents in the trial court and on
appeal;
10. Compensation or reimbursement for services provided in
connection with an adult guardianship proceeding as provided by
Section 4-403 of Title 30 of the Oklahoma Statutes. Compensation
from the court fund for attorneys appointed pursuant to the Oklahoma
Guardianship Act shall be substantially the same as for attorneys
appointed in juvenile proceedings pursuant to Title 10A of the
Oklahoma Statutes. The compensation, if any, for guardians ad litem

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appointed pursuant to the Oklahoma Guardianship Act shall not exceed
One Hundred Dollars ($100.00);
11. Transcripts ordered by the court;
12. Necessary telephone expenses, gas, water, and electrical
utilities for the part of the county courthouse occupied by the
court and other areas used for court functions;
13. Security expenses for the part of the county courthouse
occupied by the court and other areas used for court functions;
14. The cost of publication notice in juvenile proceedings as
provided in Section 1-4-304 of Title 10A of the Oklahoma Statutes
and in termination of parental rights proceedings brought by the
state as provided in Section 1-4-905 of Title 10A of the Oklahoma
Statutes;
15. Interpreter fees;
16. Necessary travel expenses of the office of county indigent
defender approved by the court fund governing board;
17. Rent for county indigent defender's office outside of the
county courthouse;
18. Computer equipment for county indigent defender's office;
19. Reasonable compensation for expert, investigative, or other
services authorized by the court for indigent defendants not
represented by a county indigent defender or the Oklahoma Indigent
Defense System, if requested;

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20. Necessary training for the judges and court personnel on
the court integrated computer system; and
21. Any other expenses now or hereafter expressly authorized by
statute.
C. Nothing in Section 1301 et seq. of this title shall prevent
the construction of additional courtrooms within existing courthouse
facilities, from funds other than the court fund.
D. Items of equipment, furniture, fixtures, printing, or
supplies that are available in the quantities desired from a
contract vendor's list for order or purchase by the court fund
through the facilities of the Central Purchasing Division of the
Office of Management and Enterprise Services Department of Central
Purchasing may not be purchased by any court fund at prices higher
than those approved by the Director of Central Purchasing.
SECTION 4. AMENDATORY 57 O.S. 2021, Section 549.1, is
amended to read as follows:
Section 549.1. A. The Department of Corrections is authorized
to purchase in the manner prescribed by law, facilities, equipment,
raw materials and supplies, and to engage the supervisory personnel
necessary to establish and maintain for this state at the penal
institutions, now or hereafter under the control of the State Board
of Corrections, industries and agricultural programs for the
utilization of services of prisoners in the manufacture, production,
processing or assembly of the articles or products as may be needed

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for the construction, operation, maintenance or use of any office,
department, institution or agency supported in whole or in part by
this state and the political subdivisions thereof. Upon the request
of the Oklahoma Historical Society or the Oklahoma Tourism and
Recreation Department, the Department of Corrections shall provide
labor for and shall produce or manufacture articles, products or
materials needed for the repair, construction and maintenance of
historical sites and state parks including, but not limited to, the
production of materials and products needed for the reconstruction
of historic forts in the state.
B. All articles and services provided by the Department of
Corrections in the state correctional institutions, and not required
for use therein, shall be purchased as required by all offices,
departments, institutions, agencies, counties, schools, colleges,
universities, or political subdivisions or any agency thereof of
this state which are supported in whole or in part by this state, if
such article or service is the lowest and best bid, and no such
article or product may be purchased by any such office, department,
institution, agency, county, school, college, university, or
political subdivisions or agency thereof from any other source
unless excepted from the provisions as hereinafter provided.
Purchases made by the above-described state agencies may be made by
submitting the proper requisition through the Office of Management
and Enterprise Services Department of Central Purchasing or by

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direct order to the prison industries program of the Department of
Corrections.
C. If a requisition is received by the Office of Management and
Enterprise Services Department of Central Purchasing or a direct
order is received by the Prison Industries Program of the Department
of Corrections from a state agency for any product or service
provided by the Department of Corrections and such product or
service is also available from a severely handicapped person or a
qualified nonprofit agency for the severely handicapped as provided
in Section 3001 et seq. of Title 74 of the Oklahoma Statutes at a
comparable price, then the product or service shall be purchased
from such severely handicapped person or qualified nonprofit agency
for the severely handicapped. If the product or service is not
available within the time period required by the purchasing state
agency, then such product or service shall be purchased from the
Department of Corrections under the provisions of this section.
D. All offices, departments, institutions, agencies, counties,
cities, districts or political subdivisions, schools, colleges, or
universities, or any agency thereof, or any agencies of the state,
which are supported in whole or in part by this state, may purchase
the goods or services manufactured, produced, processed or assembled
by the prison industries of the Department of Corrections through
their properly authorized purchasing authority, or they may place a

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direct order without competitive bid, with the prison industries of
the Department of Corrections.
E. Not-for-profit corporations or charitable agencies chartered
in Oklahoma or other states may purchase such goods and services.
Units of the federal government and units of government in other
states may also purchase such goods and services. All entities
which contract with the state, its political units, its agencies,
its public institutions, not-for-profit corporations or charitable
agencies chartered in Oklahoma may purchase goods or services from
the Department of Corrections which are used in the performance of
such contracts. Any church located in the State of Oklahoma may
also purchase goods and services manufactured, produced, processed
or assembled by the prison industries of the Department of
Corrections. Any community action agency or council of governments
within this state may purchase housing components produced by the
prison industries of the Department of Corrections. Nothing shall
prohibit the Department from bidding on portions of a state contract
which are subcontracted by the primary contractor.
F. Others are prohibited from purchasing such goods and
services, with the exception that all surplus agricultural products
may be sold on the open market or bartered and exchanged for other
food, feed or seed products of comparable value. The Department of
Corrections shall keep complete and accurate records of any such
barters or exchanges in such form and manner as the Office of

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Management and Enterprise Services Department of Central Purchasing
may prescribe. A copy of such records shall be filed with the
Office of Management and Enterprise Services Department of Central
Purchasing no later than March 1 of each year for all barters or
exchanges occurring in the previous calendar year. When
practicable, the Department of Corrections may accept and process
agricultural products from the public and may export the resulting
products to foreign markets.
G. Products manufactured, produced, processed or assembled by
the Department of Corrections shall be of styles, patterns, designs
and quantities specified by the Department of Corrections except
where the same have been or may be specified by the Office of
Management and Enterprise Services Department of Central Purchasing.
Products shall be provided at a fair market price for comparable
quality.
H. State agencies shall make maximum utilization of such
products and no similar products shall be purchased by state
agencies from any other source than the Department of Corrections
except as provided in subsection C of this section, unless the
Department of Corrections certifies to the State Purchasing Director
that it is not able to provide products, and no claim therefor shall
be paid without such certification.
I. Exceptions from the mandatory provisions hereof may be made
in any case where, in the opinion of the Office of Management and

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Enterprise Services Department of Central Purchasing, the article or
product does not meet the reasonable requirements of or for such
offices, departments, institutions or agencies, or in any case where
the requisitions made cannot be reasonably complied with. No such
offices, departments, institutions or agencies, shall be allowed to
evade the intent and meaning of this section by slight variations
from standards adopted by the Office of Management and Enterprise
Services Department of Central Purchasing, when the articles,
services or products produced, manufactured, processed or assembled
by the Department of Corrections, in accordance with established
standards, are reasonably adapted to the actual needs of such
offices, departments, institutions or agencies.
J. In the event of disagreement between the Department of
Corrections and the State Purchasing Director on fairness of price,
ability to comply to specifications, reasonableness of
specifications and timeliness of delivery of products the matter
will be resolved by the Purchasing Director of the Office of
Management and Enterprise Services Department of Central Purchasing.
K. The Office of Management and Enterprise Services Department
of Central Purchasing shall cooperate with the Department of
Corrections in seeking to promote for use in state agencies and by
all other eligible customers, the products manufactured and services
provided by the prison industries.

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L. The Department of Corrections shall prepare catalogs
containing the description of all goods and services provided, with
the pricing of each item. Copies of such catalog shall be sent by
the Department of Corrections to all offices, departments,
institutions and agencies of this state, and shall be available for
distribution to all other eligible customers. In lieu of preparing
and distributing catalogs, the Department of Corrections may
maintain a website that contains a description of all goods and
services provided, with the pricing of each item.
M. The Department of Corrections may keep confidential:
1. Business plans, feasibility studies, financing proposals,
marketing plans, financial statements or trade secrets submitted by
a person or entity seeking a corrections industries partnership with
the Department of Corrections;
2. Proprietary information of the business submitted to the
Department of Corrections for the purposes of a corrections
industries partnership, and related confidentiality agreements
detailing the information or records designated as confidential; and
3. The Department of Corrections may not keep confidential
information when and to the extent that the person or entity
submitting the information consents to disclosure.
SECTION 5. AMENDATORY 61 O.S. 2021, Section 139, as
amended by Section 1, Chapter 455, O.S.L. 2025, (61 O.S. Supp. 2025,
Section 139), is amended to read as follows:

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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.
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

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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 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;
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

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a statewide, multistate or multigovernmental contract issued by the
Purchasing Division of the Office of Management and Enterprise
Services Department of Central Purchasing; 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.
D. Nothing in this section shall supersede the obligation of a
state agency to adhere to rules regarding statewide contracts issued
by the Purchasing Division Department of Central Purchasing.
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 of the
Department of Central Purchasing.
SECTION 6. AMENDATORY 74 O.S. 2021, Section 85.3, is
amended to read as follows:
Section 85.3. A. There is hereby created and established in
the Office of Management and Enterprise Services a Purchasing
Division Department of Central Purchasing, the administrative head
of which shall be the State Purchasing Director of the Department of
Central Purchasing.
B. The Director of the Office of Management and Enterprise
Services Department of Central Purchasing shall hire the State
Purchasing Director. The State Purchasing Director shall:

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1. Have a thorough knowledge of office practices and buying
procedures in volume purchasing; and
2. Be a graduate of an accredited college or university with at
least five (5) years' experience in commercial or governmental
purchasing, or, in lieu of such education, have at least ten (10)
years' experience in commercial or governmental purchasing.
C. The State Purchasing Director, with the approval of the
Director of the Office of Management and Enterprise Services, may
employ such personnel as may be necessary to exercise authority and
perform duties under the Oklahoma Central Purchasing Act.
D. All activities of any state agency, department, or
institution relating to purchasing shall be under the direction of
the Department of Central Purchasing Division unless otherwise
provided by the Oklahoma Central Purchasing Act.
E. The Department of Central Purchasing Division shall provide
qualified personnel to assist the purchasing activities of state
agencies, departments, and institutions, as required by the Oklahoma
Central Purchasing Act.
F. Each state agency, department, and institution shall
designate personnel to coordinate its purchasing functions with the
Department of Central Purchasing Division.
G. The Department of Central Purchasing Division may, if the
needs of a state agency, department, or institution are such as to
so require, employ, and establish a buyer within a state agency.

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The state agency shall pay all expenses incurred for any buyer
required to be placed within its agency.
H. Except as provided in Section 34.36 of Title 62 of the
Oklahoma Statutes, no state agency subject to the Oklahoma Central
Purchasing Act shall have or maintain a purchasing section without
the prior approval in writing of the Department of Central
Purchasing Division unless otherwise provided in the Oklahoma
Central Purchasing Act nor shall such purchasing section perform
purchasing functions for another state agency.
I. The Department of Central Purchasing Division shall make
acquisitions from industries operated by the Department of
Corrections pursuant to the provisions of Section 549.1 of Title 57
of the Oklahoma Statutes.
J. None of the personnel authorized by this section shall:
1. Sell to or otherwise provide acquisitions to any state
agency subject to the Oklahoma Central Purchasing Act;
2. Be employees, partners, associates, officers, or
stockholders in or with any business entity that sells to or
otherwise provides acquisitions to any state agency subject to the
Oklahoma Central Purchasing Act;
3. Be employed in any of the positions authorized by this
section if a spouse or child owns any stock in any business entity
which sells to or otherwise provides acquisitions to any agency
subject to the Oklahoma Central Purchasing Act;

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4. Be employed in any of the positions authorized by this
section if a relative within the third degree of consanguinity or
affinity sells to or otherwise provides acquisitions to any state
agency subject to the Oklahoma Central Purchasing Act or is
interested in any business entity which does so, except that such
relative, excluding a spouse or child, may own Twenty-five Thousand
Dollars ($25,000.00) worth or less, or one percent (1%) or less,
whichever amount is the lesser amount, of the stock of a corporation
or any business entity which sells to or otherwise provides
acquisitions to any state agency subject to the Oklahoma Central
Purchasing Act; or
5. Violate applicable rules of the Ethics Commission
promulgated pursuant to Article XXIX of the Oklahoma Constitution
that relate to accepting gifts from a vendor or a vendor's agent.
SECTION 7. AMENDATORY 74 O.S. 2021, Section 85.5, as
amended by Section 1, Chapter 102, O.S.L. 2024 (74 O.S. Supp. 2025,
Section 85.5), is amended to read as follows:
Section 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, Director of the
Department of Central Purchasing 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

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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 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 of the Department of
Central Purchasing, 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 Department of Central Purchasing 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;

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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 Department of Central Purchasing 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

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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:
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 of the Department of Central
Purchasing 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 the Department
of Central Purchasing of state agency procurement officers;
12. Review and audit by the State Purchasing Director of the
Department of Central Purchasing of state agency acquisitions;
13. The conditions for increasing acquisition limits for state
agencies which have had a prior reduction in acquisition limit by

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the Director of the Office of Management and Enterprise Services
Department of Central Purchasing;
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 of the Department
of Central Purchasing;
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 of the Department of Central
Purchasing 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 of the Department of
Central Purchasing and shall be authorized to make acquisitions

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pursuant to provisions of the Oklahoma Central Purchasing Act and
associated rules. The State Purchasing Director of the Department
of Central Purchasing 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 of the Department of Central
Purchasing incurs to provide the training.
E. The State Purchasing Director of the Department of Central
Purchasing shall review state agency acquisitions for the purposes
of:
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 Director of the
Department of Central Purchasing 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 Department of Central
Purchasing;
5. A determination by the State Purchasing Director of the
Department of Central Purchasing to reduce a state agency's
acquisition authority amount when the state agency is found not to

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be in compliance with the Oklahoma Central Purchasing Act or
associated rules or requirements of the State Purchasing Director of
the Department of Central Purchasing pursuant to this section; and
6. A determination by the State Purchasing Director of the
Department of Central Purchasing 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 of the Department of Central Purchasing.
F. Based on written findings and when recommended by the State
Purchasing Director of the Department of Central Purchasing, the
Director of the Office of Management and Enterprise Services may:
1. Transmit written findings by the State Purchasing Director
the Department of Central Purchasing 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 Director of
the Department of Central Purchasing that they reasonably believes
believe 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.

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G. 1. Pursuant to the requirements of the Oklahoma Central
Purchasing Act, the Director of the Department of Central Purchasing
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 of the Department of Central
Purchasing.
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 of the Department of
Central Purchasing may execute a contract for the acquisition with
the federal government or federal agency and may also utilize
contracts awarded by other governmental agencies including, but not
limited to, agencies of the United States of America.
3. The State Purchasing Director of the Department of Central
Purchasing 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 of the Department of Central Purchasing
may authorize renegotiation of an existing contract with an

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incumbent supplier for the purposes of obtaining more favorable
terms for the state.
5. The State Purchasing Director of the Department of Central
Purchasing 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 of the Department of Central
Purchasing 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 of the Department of
Central Purchasing 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

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or other similar test shall not be considered an acquisition subject
to the Oklahoma Central Purchasing Act.
2. The State Purchasing Director of the Department of Central
Purchasing 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 of the Department of Central
Purchasing 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 of the Department of Central
Purchasing shall undertake the following:
1. The use of electronic commerce pursuant to the Oklahoma
Online Bidding Act for solicitation, notification and other
purchasing processes;
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;

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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 Department of Central Purchasing 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 of the Department of Central
Purchasing shall prescribe standardized contract forms and all other
forms or certifications requisite or deemed necessary by the State
Purchasing Director of the Department of Central Purchasing 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

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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 of the Department of Central
Purchasing 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 of the Department of Central Purchasing 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 of the
Department of Central Purchasing 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 of the Department of Central Purchasing 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 certifies 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 Department of
Central Purchasing, and
c. report contracts issued pursuant to this subsection to
the Office of Management and Enterprise Services,

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Central Purchasing Division Department of Central
Purchasing, 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, of the
Department of Central Purchasing 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 of the
Department of Central Purchasing 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 of the Department of Central
Purchasing 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 of the Department of Central
Purchasing determines that a contractor or subcontractor has
knowingly submitted a false affidavit:

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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
2. The public employer or the Department of Central Purchasing
may terminate the contract with the contractor or subcontractor.
SECTION 8. AMENDATORY 74 O.S. 2021, Section 85.5a, is
amended to read as follows:
Section 85.5a. A. Except for the state fleet card, the state
purchase card program administered by the Purchasing Division
Department of Central Purchasing is the only card program authorized
for use by state agencies.
B. On a monthly basis the State Purchasing Director of the
Department of Central Purchasing and institutions of higher
education shall provide to the Director of the Office of Management
and Enterprise Services (OMES) a complete listing in electronic
format of all transactions paid by a state purchase card. The list
shall contain the name of the purchaser and purchasing agency,
amount of purchase and all available descriptions of items
purchased.
C. Upon receipt of the list described in subsection B of this
section, the Director of the OMES of the Department of Central
Purchasing shall allow the public access to the list in searchable

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format through its website defined in Section 46 of Title 62 of the
Oklahoma Statutes.
D. The State Purchasing Director of the Department of Central
Purchasing may authorize the use of a state purchase card for
acquisitions within the following parameters:
1. No limit on the amount of the transaction for the following:
a. purchases from statewide contracts and from contracts
awarded by the State Purchasing Director for the
benefit of a state agency,
b. utilities,
c. interagency payments,
d. emergency acquisitions; provided, requirements to
establish an emergency pursuant to Section 5 85.41A of
this act title or other applicable statute or rule
have been met, and
e. professional services as defined in Section 803 of
Title 18 of the Oklahoma Statutes; and
2. For any other transaction with a state purchase card, the
transaction shall not exceed the greater of Five Thousand Dollars
($5,000.00) or the limit determined by the State Purchasing
Director, not to exceed the fair and reasonable acquisition
threshold amount.
E. The State Purchasing Director of the Department of Central
Purchasing may authorize personnel of the Department of Commerce,

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upon a finding by the Secretary of Commerce that such personnel have
a legitimate need therefore, to utilize a state purchase card for
acquisitions for programs, functions or services essential to the
mission of the agency while traveling on Department of Commerce
business in foreign locations with transaction limits not to exceed
Thirty-five Thousand Dollars ($35,000.00). The purchase cardholders
are required to sign a purchase card agreement prior to becoming a
cardholder and to attend purchase card procedure training. The
Department of Commerce will conduct quarterly internal auditing on
all purchase card transactions associated with business and travel
in foreign locations.
SECTION 9. AMENDATORY 74 O.S. 2021, Section 85.7, as
last amended by Section 1, Chapter 339, O.S.L. 2023 (74 O.S. Supp.
2025, Section 85.7), is amended to read as follows:
Section 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 Department of Central Purchasing, 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 of the Department of Central Purchasing
pursuant to rules authorized by Section 85.5 of this

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title, not to exceed Two Hundred Fifty Thousand
Dollars ($250,000.00), without submission of a
requisition to the Purchasing Division Department of
Central Purchasing 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 of the Department of Central
Purchasing 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 of the Department of Central Purchasing
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.
4. Any acquisition a state agency makes shall be made pursuant
to the Oklahoma Central Purchasing Act and associated rules. No

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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

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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 of the Department of
Central Purchasing 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,
c. purchases of postage by state agencies made pursuant
to Sections 90.1 through 90.4 of this title,

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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 Department of
Central Purchasing has approved as qualifying for a
fixed and uniform rate, subject to the following:
(1) the Purchasing Division Department of Central
Purchasing 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

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a request for service qualification to the State
Purchasing Director of the Department of Central
Purchasing 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
the time of the hearing or in writing delivered
to the state agency before or at the time of the

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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,
(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

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(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 Department of Central
Purchasing 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 of the Department of Central
Purchasing,
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:
(1) prior to entering into any contract for the
services of an entity to administer a structured
settlement agreement, the Attorney General

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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 of the
Department of Central Purchasing 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

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Purchasing Act for the purpose of soliciting,
negotiating, and effectuating such a contract or
contracts; provided, that the State Purchasing
Director of the Department of Central Purchasing 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 of the Department of Central Purchasing 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 or Director of the Department of Central
Purchasing" 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 of the
Department of Central Purchasing 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 Department of Central Purchasing shall be
evaluated by the Purchasing Division Department of Central
Purchasing 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 of the Department of Central Purchasing.
A documented evaluation report containing the evaluations of the
Purchasing Division Department of Central Purchasing 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

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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.
SECTION 10. AMENDATORY 74 O.S. 2021, Section 85.12, as
amended by Section 2, Chapter 339, O.S.L. 2023 (74 O.S. Supp. 2025,
Section 85.12), is amended to read as follows:
Section 85.12. A. The provisions of this section shall not be
construed to affect any law relating to fiscal or accounting
procedure except as they may be directly in conflict herewith; and
all claims, warrants, and bonds shall be examined, inspected, and
approved as now provided by law.
B. Except as otherwise provided by this section, the
acquisitions specified in this subsection shall be made in
compliance with Section 85.39 of this title and purchasing card
program requirements but are not subject to other provisions of the
Oklahoma Central Purchasing Act:
1. Food and other products produced by state institutions and
agencies;

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2. The printing or duplication of publications or forms of
whatsoever kind or character by state agencies if the work is
performed upon their own equipment by their own employees. Pursuant
to this paragraph, the state agency may only use equipment owned or
leased by the agency and may only utilize that equipment for
printing services required by the agency in performing duties
imposed upon the agency or functions authorized to be performed by
the agency. Any use of the equipment by the agency pursuant to an
agreement or contract with any other entity resulting in delivery of
intermediate or finished products to the entity purchasing or using
the products shall be subject to the provisions of the Oklahoma
Central Purchasing Act and associated rules;
3. Department of Transportation and Transportation Commission
contractual services or right-of-way acquisitions, contracts awarded
pursuant to bids let by the Transportation Commission for the
maintenance or construction of streets, roads, highways, bridges,
underpasses or any other transportation facilities under the control
of the Department of Transportation, equipment or material
acquisitions accruing to the Department of Transportation required
in federal aid contracts and acquisitions for public-service-type
announcements initiated by the Department of Transportation, but not
acquisitions for advertising, public relations or employment
services;

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4. Utility services regulated by a state or federal regulatory
commission, municipal ordinance or an Indian Tribal Council;
5. Acquisitions by the University Hospitals Authority. The
Authority shall develop standards for the acquisition of products
and services and may elect to utilize the Purchasing Division
Department of Central Purchasing. The standards shall foster
economy and short response time and shall include appropriate
safeguards and record-keeping requirements to ensure appropriate
competition and economical and efficient purchasing;
6. Custom harvesting by the Department of Corrections for the
Department or its institutions;
7. Subject to prior approval of the State Purchasing Director
of the Department of Central Purchasing, acquisitions from private
prison suppliers which are subject to the contracting procedures of
Section 561 of Title 57 of the Oklahoma Statutes;
8. Acquisitions by the Oklahoma Municipal Power Authority;
9. Acquisitions by the Grand River Dam Authority;
10. Acquisitions by rural water, sewer, gas or solid waste
management districts created pursuant to the Rural Water, Sewer, Gas
and Solid Waste Management Districts Act;
11. Acquisitions by the Oklahoma Ordnance Works Authority, the
Northeast Oklahoma Public Facilities Authority or the Midwestern
Oklahoma Development Authority;

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12. Expenditure of monies appropriated to the State Board of
Education for local and state-supported financial support of public
schools, except monies allocated therefrom for the Administrative
and Support Functions of the State Department of Education;
13. Expenditure of monies appropriated to the State Department
of Rehabilitation Services for educational programs or educational
materials for the Oklahoma School for the Blind and the Oklahoma
School for the Deaf;
14. Contracts entered into by the Oklahoma Department of Career
and Technology Education for the development, revision or updating
of vocational curriculum materials, and contracts entered into by
the Oklahoma Department of Career and Technology Education for
training and supportive services that address the needs of new or
expanding industries;
15. Contracts entered into by the Oklahoma Center for the
Advancement of Science and Technology for professional services;
16. Contracts entered into by the Oklahoma Department of
Commerce pursuant to the provisions of Section 5066.4 of this title;
17. Acquisitions made by the Oklahoma Historical Society from
monies used to administer the White Hair Memorial;
18. Purchases of pharmaceuticals available through a multistate
or multigovernmental contract if such pharmaceuticals are or have
been on state contract within the last fiscal year, and the terms of
such contract are more favorable to the state or agency than the

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terms of a state contract for the same products, as determined by
the State Purchasing Director of the Department of Central
Purchasing. 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 contracts;
19. Contracts for managed health care services entered into by
the state entity designated by law or the Department of Human
Services, as specified in paragraph 1 of subsection A of Section
1010.3 of Title 56 of the Oklahoma Statutes;
20. Acquisitions by a state agency through a General Services
Administration contract or other federal contract if the
acquisitions are not on current statewide contract or the terms of
the federal contract are more favorable to the agency than the terms
of a statewide contract for the same products;
21. Acquisitions of clothing for clients of the Department of
Human Services and acquisitions of food for group homes operated by
the Department of Human Services;
22. Acquisitions by the Oklahoma Energy Resources Board;
23. Acquisitions of clothing for juveniles in the custody of
the Office of Juvenile Affairs and acquisitions of food for group
homes operated by the Office of Juvenile Affairs;

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24. State contracts for flexible benefits plans pursuant to the
Oklahoma State Employees Benefits Act, Section 1361 et seq. of this
title;
25. Acquisitions by the Oklahoma Department of Securities to
investigate, initiate, or pursue administrative, civil or criminal
proceedings involving potential violations of the acts under the
Department's jurisdiction and acquisitions by the Oklahoma
Department of Securities for its investor education program;
26. Acquisitions for resale in and through canteens operated
pursuant to Section 537 of Title 57 of the Oklahoma Statutes and
canteens established at an institution or facility operated by the
Office of Juvenile Affairs;
27. Acquisitions by the Oklahoma Boll Weevil Eradication
Organization for employment and personnel services, and for
acquiring sprayers, blowers, traps and attractants related to the
eradication of boll weevils in this state or as part of a national
or regional boll weevil eradication program;
28. Contracts entered into by the Oklahoma Indigent Defense
System for expert services pursuant to the provisions of subsection
D of Section 1355.4 of Title 22 of the Oklahoma Statutes;
29. Acquisitions by the Oklahoma Correctional Industries and
the Agri-Services programs of the Department of Corrections of raw
materials, component parts and other products, any equipment
excluding vehicles, and any services excluding computer consultant

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services used to produce goods or services for resale and for the
production of agricultural products;
30. Contracts entered into by the Department of Human Services
for provision of supported living services to members of the
plaintiff class in Homeward Bound, Inc., et al. v. The Hissom
Memorial Center, et al., Case Number 85-C-437-E, United States
District Court for the Northern District of Oklahoma;
31. Contracts negotiated by the Office of Juvenile Affairs with
designated Youth Services Agencies and the Oklahoma Association of
Youth Services, or another Oklahoma nonprofit corporation whose
membership consists solely of Youth Services Agencies and of whom at
least a majority of Youth Services Agencies are members, pursuant to
the provisions of Section 2-7-306 of Title 10A of the Oklahoma
Statutes and contracts entered into by the Department of Human
Services pursuant to Section 1-9-110 of Title 10A of the Oklahoma
Statutes with designated Youth Services Agencies;
32. Contracts for annuities for structured settlements provided
for in Section 158 of Title 51 of the Oklahoma Statutes;
33. Subject to subsection E of this section, purchases made
from funds received by local offices administered by the Department
of Human Services or administered by the Office of Juvenile Affairs
for fund-raising fundraising activities and donations for the
benefit of clients and potential clients at the local offices where

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such purchases may not otherwise be paid for from appropriated
funds;
34. Acquisitions by the Oklahoma Historical Society for
restoration of historical sites and museums although the agency may
elect to utilize the Purchasing Division Department of Central
Purchasing for an acquisition with supplier and bid selection being
the prerogative of the agency, based on the supplier's documented
qualifications and experience; and
35. Acquisitions of clothing and food for patients in the care
of the J.D. McCarty Center for Children with Developmental
Disabilities.
C. Pursuant to the terms of a contract the State Purchasing
Director of the Department of Central Purchasing enters into or
awards, a state agency, common school, municipality, rural fire
protection district, county officer or any program contract,
purchase, acquisition or expenditure that is not subject to the
provisions of the Oklahoma Central Purchasing Act, may, unless
acting pursuant to a contract with the state that specifies
otherwise, make use of statewide contracts and the services of the
Purchasing Division the Department of Central Purchasing and the
State Purchasing Director of the Department of Central Purchasing.
Any political subdivision or rural fire protection district may
designate the State Purchasing Director of the Department of Central

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Purchasing as its agent for any acquisition from a statewide
contract or otherwise available to the state.
D. The State Purchasing Director of the Department of Central
Purchasing shall review and audit all the purchasing procedures of
acquisitions listed in subsection B of this section to ensure that
the procedures are being followed. Nothing in this section shall be
construed to authorize bid splitting as prohibited by the Oklahoma
Central Purchasing Act.
E. With respect to the Department of Human Services or the
Office of Juvenile Affairs, as applicable, monies received by
fundraising activities or donations from the local office, vending
operations administered by employees of the agency and all other
nonrestricted cash and cash-equivalent items received by employees
of the agency shall be deposited in the agency special account
established for this purpose. The deposits shall be made at local
banking institutions approved by the State Treasurer.
F. With respect to the Oklahoma Tourism and Recreation
Department, no exemption provided in this section shall be construed
for the use of leasing or contracting for state-owned restaurants in
Oklahoma state parks. The Department shall not be required to
purchase furniture, fixtures, equipment, and soft goods associated
with decor of the state parks, lodges, golf courses, and tourism
information centers from Oklahoma prisons or reformatories.

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Additionally, the Department shall not be required to make
purchases pursuant to a statewide contract for materials, supplies,
and services necessary for the efficient and economical operation of
revenue-generating, Department-operated facilities, including those
made to maintain or improve guest perception of quality and service;
provided, that the State Purchasing Director of the Department of
Central Purchasing shall review and audit all uses of the exemptions
provided in this subsection biannually.
SECTION 11. AMENDATORY 74 O.S. 2021, Section 85.17A, is
amended to read as follows:
Section 85.17A. A. State agencies shall not discriminate
against bidders from states or nations outside Oklahoma, except as
provided by this section. State agencies shall reciprocate the
bidding preference given by other states or nations to bidders
domiciled in their jurisdictions for acquisitions pursuant to the
Oklahoma Central Purchasing Act. The Purchasing Division Department
of Central Purchasing shall provide to certified procurement
officers information regarding the reciprocity provided by other
states. This information shall be used by state agencies in
evaluating bids.
B. For purposes of awarding contracts state agencies shall:
1. Give preference to goods and services that have been
manufactured or produced in this state if the price, fitness,
availability and quality are otherwise equal;

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2. Give preference to goods and services from another state
over foreign goods or services if goods or services manufactured or
produced in this state are not equal in price, fitness, availability
or quality; and
3. Add a percent increase to the bid of a nonresident bidder
equal to the percent, if any, of the preference given to the bidder
in the state in which the bidder resides.
SECTION 12. AMENDATORY 74 O.S. 2021, Section 85.33, is
amended to read as follows:
Section 85.33. A. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
Enterprise Services Department of Central Purchasing to be
designated the "Registration of State Vendors Revolving Fund". The
fund shall consist of any monies received from fees collected in
accordance with subsection B of this section. The revolving fund
shall be a continuing fund, without legislative appropriation, not
subject to fiscal year limitations, and shall be under the control
and management of the Office of Management and Enterprise Services
Department of Central Purchasing. Expenditures from the
Registration of State Vendors Revolving Fund shall be budgeted and
expended pursuant to the laws of the state and the statutes relating
to public finance. The fund shall be used to defray the costs of
the Purchasing Division Department of Central Purchasing. Warrants
for expenditures from the fund shall be drawn by the State

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Treasurer, based on claims signed by an authorized employee or
employees of the Office, and approved for payment by the Director of
the Office of Management and Enterprise Services Department of
Central Purchasing.
B. The Office of Management and Enterprise Services Department
of Central Purchasing may collect a fee of Twenty-five Dollars
($25.00) to register suppliers that desire to do business with this
state through the Purchasing Division Department of Central
Purchasing. The suppliers shall register separately for each
commodity list. Each registration shall entitle the supplier to be
on that list for one (1) year, to receive all bid notices in that
classification for that period. All fees collected in accordance
with this subsection shall be deposited in the revolving fund
created in subsection A of this section.
SECTION 13. AMENDATORY 74 O.S. 2021, Section 85.33A, is
amended to read as follows:
Section 85.33A. A. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
Enterprise Services Department of Central Purchasing to be
designated the "Contract Management Revolving Fund". The fund shall
consist of any monies received from fees, levies or rebates the
Office Department receives in accordance with subsection B of this
section. The revolving fund shall be a continuing fund, without
legislative appropriation, not subject to fiscal year limitations,

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and shall be under the control and management of the Office of
Management and Enterprise Services Department of Central Purchasing.
Expenditures from the Contract Management Revolving Fund shall be
budgeted and expended pursuant to the laws of the this state and the
statutes relating to public finance. The fund shall be used to
defray the costs of the Purchasing Division Department of Central
Purchasing. Warrants for expenditures from the fund shall be drawn
by the State Treasurer, based on claims signed by an authorized
employee or employees of the Office Department of Central
Purchasing, and approved for payment by the Director of the Office
of Management and Enterprise Services Department of Central
Purchasing.
B. The State Purchasing Director of the Department of Central
Purchasing may enter into or award contracts that provide a contract
management fee, levy or rebate to the Office of Management and
Enterprise Services Department of Central Purchasing. The State
Purchasing Director of the Department of Central Purchasing shall
ensure that a contract that provides a management fee, levy or
rebate provides value to acquiring agencies exceeding open market
acquisition costs.
SECTION 14. AMENDATORY 74 O.S. 2021, Section 85.41A, is
amended to read as follows:
Section 85.41A. A. Emergency acquisitions shall be made in
compliance with Section 85.39 of Title 74 of the Oklahoma Statutes

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this title regarding internal purchasing procedures, Section 85.5a
of Title 74 of the Oklahoma Statutes this title regarding the
purchasing card program and applicable rules but are not subject to
other provisions of the Oklahoma Central Purchasing Act. The
following are emergency acquisitions:
1. An acquisition declared as an emergency by a state agency;
2. An acquisition to alleviate a serious environmental
emergency if, upon receiving a request from the Chair of the
Corporation Commission and after having examined the facts and
circumstances of the case, the Governor certifies in writing the
existence of a serious environmental emergency. For the purposes of
this subsection, "serious environmental emergency" means a situation
within the jurisdiction of the Commission:
a. in which serious damage to the environment will
quickly occur if immediate action is not taken and the
damage will be so significant that the urgent need for
action outweighs the need for competitive bids, or
b. a situation in which human life or safety is in
imminent danger or significant property interests are
threatened with imminent destruction;
3. An acquisition of livestock through a market agency, dealer,
commission house or livestock auction market bonded or licensed
under federal or state law for the acquisition or collection of

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semen or embryos, and for the placement of embryos into recipient
livestock;
4. An acquisition by a state agency pursuant to a contract with
the United States Army Corps of Engineers for emergency response or
to protect the public health, safety or welfare;
5. An acquisition declared by the Office of Management and
Enterprise Services (OMES) Department of Central Purchasing Risk
Management Administrator pursuant to Section 85.58A of Title 74 of
the Oklahoma Statutes this title; or
6. A condition certified by the Governor as an emergency.
B. Notwithstanding a state agency's exemption from requisition
and competitive bidding requirements, a state agency making an
emergency acquisition shall timely provide the Purchasing Division
within OMES Department of Central Purchasing all information
required by the State Purchasing Director of the Department of
Central Purchasing.
SECTION 15. AMENDATORY 74 O.S. 2021, Section 85.44D.1,
is amended to read as follows:
Section 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

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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:
______________________________________________________
______________________________________________________

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______________________________________________________
______________________________________________________
______________________________________________________
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 Director of the Department of
Central Purchasing 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 Department of Central
Purchasing shall require the signed certification documenting the

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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 Department of
Central Purchasing, 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
Department of Central Purchasing 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 Department of Central Purchasing or the Director's
designee. The report shall be in columnar database format and shall

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include at least the following fields of information: state agency
number; state agency name; date created by the Office of Management
and Enterprise Services Department of Central Purchasing 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.
SECTION 16. AMENDATORY 74 O.S. 2021, Section 85.45j.11,
is amended to read as follows:
Section 85.45j.11. A. There is hereby created the "Oklahoma
Supplier Diversity Initiative", which shall be a state-sponsored
supplier diversity program to provide a resource for state agencies
and private businesses to utilize diverse firms in procurement
opportunities to encourage growth in the economy of the state. The
program shall provide convenience for qualified and certified small

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business enterprises and minority business enterprises in
contracting projects in underserved areas.
B. The program shall allow diverse business enterprises to
register with the Office of Management and Enterprise Services
Department of Central Purchasing and allow registered vendors to be
automatically notified of opportunities to do business with the
state for specific commodities. The program shall provide for
simplified vendor registration processes.
C. The program shall authorize the Oklahoma Department of
Commerce to develop a diversity certification program to qualify and
certify diverse business enterprises for the state.
D. To qualify for the program, businesses shall have less than
five hundred total employees, an annual revenue equal to or less
than Twenty-five Million Dollars ($25,000,000.00) and be certified
as one of the following:
1. An Oklahoma Department of Transportation Disadvantaged
Business Enterprise;
2. Any of the following entities certified by the United States
Small Business Administration:
a. Woman-Owned Small Business,
b. Minority-Business Enterprise,
c. Small Disadvantaged Business,
d. Service-disabled Veteran-Owned Small Business,
e. HUBZone Small Business Concern, and

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f. 8(a) Business Development Program;
3. A Native American-owned Business; or
4. A Veteran-owned Business.
E. The Central Purchasing Division of the Office of Management
and Enterprise Services Department of Central Purchasing shall:
1. Amend the vendor registration process to require diversity
certification check off and size standard information; and
2. Create a search tool for all state agencies and public or
private entities to utilize to obtain contact information for
diverse firms for the purpose of promoting procurement opportunities
within the state.
F. On or before September 1 of each year, the State Purchasing
Director shall submit a report to the Governor, the Speaker of the
House of Representatives and the President Pro Tempore of the Senate
on the status of the percentile of state funds expended on contracts
awarded to a certified Oklahoma Department of Transportation
Disadvantaged Business Enterprise and all of the entities certified
by the United States Small Business Administration mentioned in
subsection D of this section in the preceding fiscal year. The
report may include related economic impacts when applicable. The
report, statistics or other information concerning the participation
in the program shall be retained by the Office of Management and
Enterprise Services Department of Central Purchasing.

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G. The Oklahoma Department of Commerce shall promulgate rules
to create and administer the Oklahoma Supplier Diversity Initiative.
SECTION 17. AMENDATORY 74 O.S. 2021, Section 85.45k, is
amended to read as follows:
Section 85.45k. A. There is hereby created the State Travel
Office within the Purchasing Division of the Office of Management
and Enterprise Services Department of Central Purchasing.
B. All state agencies and departments of this state may make
arrangements for all air travel on scheduled commercial airlines for
state employees required to travel in the course of their official
duties and for all other persons traveling at state expense through
the State Travel Office, except when the state agency determines
that:
1. The air travel services can be secured at a cost less than
that which can be secured by the State Travel Office; or
2. The air travel originates from a location outside the state
and it would be impractical to arrange for the air travel through
the State Travel Office; or
3. The air travel is necessitated by an emergency and time does
not permit utilization of the State Travel Office's services; or
4. The air travel is part of a package arrangement made by the
organization scheduling the meeting or conference.
C. All claims made for reimbursement shall contain a statement
showing the reason for the exemption.

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D. The State Travel Office shall promulgate rules and contract
specifications to which the contract travel agencies shall be
subject. The rules and specifications shall be drawn with the
intent of obtaining the lowest available fares for scheduled
commercial air travel.
E. At the end of each month the contract travel agencies shall
furnish a statement, if requested, in a form approved by the State
Travel Office, showing certain details of all travel arrangements
handled to each state agency for which the contract travel agencies
have furnished their services and shall also furnish copies of the
statements to the State Travel Office.
SECTION 18. AMENDATORY 74 O.S. 2021, Section 85.54, is
amended to read as follows:
Section 85.54. A. The Purchasing Division Department of
Central Purchasing shall review the procurement specifications
currently used by the Office of Management and Enterprise Services
Department of Central Purchasing in order to eliminate, wherever
economically feasible, discrimination against the procurement of
recycled paper and other products manufactured with recycled
materials.
B. The Division Department shall establish purchasing practices
which, to the maximum extent economically feasible, assure purchase
of recycled paper products.

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C. The Director of the Office of Management and Enterprise
Services Department of Central Purchasing shall review and
incorporate, where appropriate, guidelines published in the Federal
Register.
D. The Director shall promulgate rules to encourage recycling
and conservation of purchased products.
SECTION 19. AMENDATORY 74 O.S. 2021, Section 85.58Q, is
amended to read as follows:
Section 85.58Q. The Purchasing Division of the Office of
Management and Enterprise Services Department of Central Purchasing
is directed to purchase from the lowest bidder a surety contract or
contracts in the form known as a "blanket bond" to cover all
elective state officers, appointive officers, and employees in the
manner provided in this section. No other bond shall be acceptable
as surety for any elected or appointed officer or employee of this
state in lieu of said blanket bond. For purposes of Sections 85.26
through 85.31 of this title, a "blanket bond" is defined as a public
employees' blanket position bond which covers all employees up to
the penalty of the bond for each employee and the full penalty of
the bond is always in force during its term and no restoration is
necessary and there is no additional premium after a loss is paid.
SECTION 20. AMENDATORY 74 O.S. 2021, Section 85.58T, is
amended to read as follows:

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Section 85.58T. The amount of surety required for each state
officer or employee pursuant to Sections 85.26 through 85.31 of this
title is as follows:
DEPARTMENT AMOUNT OF BOND
Office of the State Treasurer $300,000.00
Oklahoma Employment Security
Commission $150,000.00
Central Services Division of the
Office of Management and Enterprise
Services 100,000.00
Insurance Commission 100,000.00
Office of the State Auditor and
Inspector 50,000.00
Finance Division of the Office of
Management and Enterprise Services 50,000.00
Bank Commissioner 50,000.00
Commissioners of the Land Office 50,000.00
Oklahoma Securities Commission 50,000.00
Oklahoma Tax Commission 50,000.00
Department of Human Services 50,000.00
Oklahoma Public Employees Retirement
System 50,000.00
Corporation Commission 50,000.00
State Board of Education 50,000.00

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Finance Division 150,000.00
All Others 25,000.00
Department of Transportation 25,000.00
Boards of Regents of Oklahoma
Universities and Colleges 50,000.00
Office of Attorney General 10,000.00
The University Hospitals 50,000.00
All Other State Departments, Agencies,
Institutions, Commissions,
Authorities, and other bodies of
state government 10,000.00
Provided, however, that nothing in The Oklahoma Central
Purchasing Act shall prohibit any head of a department, institution,
agency, commission, authority or other body of state government from
requiring the Central Purchasing Division Department of Central
Purchasing to purchase increased amounts of blanket bond coverage
for his or her employees up to a total maximum coverage of Fifty
Thousand Dollars ($50,000.00) when the listed amount is deemed
inadequate. The cost of increased coverage shall be borne by the
department, institution, agency, commission, authority or other body
of state government requesting the increased coverage.
SECTION 21. AMENDATORY 74 O.S. 2021, Section 85.58V, is
amended to read as follows:

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Section 85.58V. A. Whenever any officer, statutory board,
commission, committee, department, authority, or any state agent or
agency by whatever name called, is authorized by any law of this
state to purchase any official bond, surety bond, blanket bond, or
surety contract upon any state officer or employee, the authority is
hereby transferred and conferred upon the Purchasing Division of the
Office of Management and Enterprise Services Department of Central
Purchasing. The authority shall be exercised by the Purchasing
Division Department of Central Purchasing in the manner pursuant to
the provisions and requirements prescribed by Section 85.58A of this
title.
B. The premium for a bond will be invoiced to the Purchasing
Division Department of Central Purchasing and paid for by
legislative appropriation set aside for that specific purpose.
C. If the legislative appropriation is insufficient to meet the
cost of a bond, the State Purchasing Director of the Department of
Central Purchasing in conjunction with the State Risk Administrator
shall assess each entity covered by the bond a pro rata share of the
excess cost amount.
D. A blanket bond shall be approved as to form and legal
sufficiency by the general counsel of the Office of Management and
Enterprise Services Department of Central Purchasing and shall be
filed with the Director of the Office of Management and Enterprise
Services Department of Central Purchasing.

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SECTION 22. AMENDATORY 74 O.S. 2021, Section 3001, as
amended by Section 1, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3001), is amended to read as follows:
Section 3001. A. There is hereby created in the Office of
Management and Enterprise Services Department of Central Purchasing
an advisory council to be known as the "State Use Advisory Council".
The Council shall consist of seven (7) members:
1. A private citizen conversant with the employment needs of
people with significant disabilities who shall be appointed by and
serve at the pleasure of the Governor to act as an advocate for the
employment needs of people with significant disabilities;
2. The Director of the Office of Management and Enterprise
Services Department of Central Purchasing or designee;
3. The Director of the Department of Rehabilitation Services,
or designee;
4. One member who shall be a state use provider who shall be
appointed by the President Pro Tempore of the Senate;
5. An individual or a parent or guardian of an individual with
significant disabilities who participates in vocational programming
through a qualified nonprofit agency for individuals with
disabilities, to be appointed by the Speaker of the House of
Representatives;
6. The Director of Human Services, or designee; and

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7. A person employed by the Office of Management and Enterprise
Services Central Purchasing Division Department of Central
Purchasing as a contracting officer, appointed by the State
Purchasing Director of the Department of Central Purchasing.
B. The private citizens on the Council shall serve for a period
of two (2) years and may be reappointed by the appointing authority.
Any private citizen appointed pursuant to this section to fill a
vacancy occurring prior to the expiration of the term for which the
predecessor was appointed shall be appointed only for the remainder
of the term.
The State Use Advisory Council shall meet a minimum of twice a
year for the purpose of exchanging ideas to market and improve the
State Use Program.
SECTION 23. AMENDATORY Section 2, Chapter 252, O.S.L.
2022 (74 O.S. Supp. 2025, Section 3001.1), is amended to read as
follows:
Section 3001.1. The State Purchasing Director of the Department
of Central Purchasing, under the supervision of the Director of the
Office of Management and Enterprise Services Department of Central
Purchasing, shall have authority and responsibility to administer
and oversee the State Use Program including but not limited to:
1. Promulgating rules relating to the program;
2. Qualification of organizations participating in the program;

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3. Contracting with qualified organizations for products and
services to be included on the procurement schedule;
4. Determination of fair market price of all products and
services to be included on the procurement schedule; and
5. Designation and publication of a procurement schedule.
SECTION 24. AMENDATORY 74 O.S. 2021, Section 3003, as
amended by Section 3, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3003), is amended to read as follows:
Section 3003. As used in Section 3001 et seq. of this title:
1. "Blind person" means a person having a visual acuity not to
exceed 20/200 in the better eye, with correcting lenses, or visual
acuity greater than 20/200 but with limitation in the field of
vision such that the widest diameter of visual field subtends an
angle no greater than twenty (20) degrees;
2. "Council" means the State Use Advisory Council;
3. "Qualified nonprofit agency for the employment of people
with significant disabilities" means a nonprofit agency employing
persons with significant disabilities who constitute at least
seventy-five percent (75%) of the direct labor hours engaged in
direct production, manufacturing, processing and/or assembling of
products or services offered by the agency for procurement by this
state or who meet the definition of blind person as provided for in
paragraph 1 of this section, or which is certified as a sheltered

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workshop by the Wage and Hour Division of the United States
Department of Labor;
4. "Person with significant disabilities" means an individual
with a physical or mental disability constituting a substantial
handicap to employment and preventing the person from engaging in
normal competitive employment and/or includes any blind person;
5. "Qualified organization" means a blind person or qualified
nonprofit agency for the employment of people with significant
disabilities contracting to supply goods or services;
6. "Manufactured" means goods made by manual labor;
7. "Produced" means to have brought into existence or created
from raw materials;
8. "Processed" means the action of taking something through an
established and mostly routine set of procedures or steps to
substantially convert a potential product from one form to another.
This action involves a sequence of multiple steps each requiring a
distinct decision-making process to evolve a potential product to
the next step;
9. "Assemble" means to put or fit together or put together the
parts of a potential product;
10. "Central nonprofit agency (CNA)" means a qualified 501(c)3
nonprofit entity meeting the qualifications in the Request for
Procurement (RFP) issued by the Office of Management and Enterprise

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Services Department of Central Purchasing selected to administer and
oversee the State Use Program; and
11. "Procurement schedule" means a designated schedule of
products and services currently approved by the Office of Management
and Enterprise Services Central Purchasing Division Department of
Central Purchasing as suitable to procure from qualified
organizations participating in the State Use Program.
SECTION 25. AMENDATORY 74 O.S. 2021, Section 3004, as
amended by Section 4, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3004), is amended to read as follows:
Section 3004. The Office of Management and Enterprise Services
Central Purchasing Division Department of Central Purchasing shall
designate and distribute by regulation a schedule, hereinafter
referred to as the procurement schedule, of the products directly
manufactured, produced, processed or assembled or services directly
performed, offered or provided by any person with significant
disabilities or qualified nonprofit agency for the employment of
people with significant disabilities, as defined in Section 3003 of
this title, which the State Purchasing Director of the Department of
Central Purchasing determines are suitable for procurement by the
state. The products and services on contract will be published on
the procurement schedule and will be designated as mandatory. The
Office of Management and Enterprise Services Central Purchasing
Division Department of Central Purchasing shall have the authority

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to qualify organizations for inclusion in the State Use Program,
monitor qualified organizations for continued compliance to remain
active in the program, and remove organizations from the program.
The Department of Central Purchasing shall have the authority to
award and manage contracts to the qualified organizations as well as
to renegotiate or cancel contracts when appropriate.
SECTION 26. AMENDATORY 74 O.S. 2021, Section 3004.1, as
amended by Section 5, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3004.1), is amended to read as follows:
Section 3004.1. The State Purchasing Director of the Department
of Central Purchasing may enter or award contracts for products or
services to a qualified organization as defined in Section 3003 of
this title and assess a contract management fee or levy. The
contract management fee or levy shall be deposited in the State Use
Advisory Council Revolving Fund, as created in Section 3004.2 of
this title, for the salary, administrative costs, annual trainings,
professional association memberships, qualified agency operational
improvement grants, periodic economic advantage study, Annual Report
development, and other expenses incurred by the Central Purchasing
Division of the Office of Management and Enterprise Services
Department of Central Purchasing for promoting goods and services
provided by qualified organizations.

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SECTION 27. AMENDATORY 74 O.S. 2021, Section 3004.2, as
amended by Section 6, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3004.2), is amended to read as follows:
Section 3004.2. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services
Department of Central Purchasing to be designated the "State Use
Advisory Council Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all proceeds from the management fee or levy on contracts for
purchases of products or services of people with significant
disabilities, as provided in Section 3004.1 of this title. The fund
shall be invested in any of the types of instruments in which the
State Treasurer is authorized by law to invest. Interest earned
shall be retained by the fund. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Office of Management and Enterprise Services Department of
Central Purchasing for the salary and other administrative expenses
of the buyer and clerical and technical support in the Central
Purchasing Division of the Office of Management and Enterprise
Services Department of Central Purchasing responsible for contracts
for the products and services of people with significant
disabilities and expenses the Office Department incurs to support
State Use operations including services of the Centralized Non-
Profit Agency (CNA). Expenditures from the fund shall be made upon

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warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services Department of Central Purchasing for approval
and payment.
SECTION 28. AMENDATORY 74 O.S. 2021, Section 3005, as
amended by Section 7, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3005), is amended to read as follows:
Section 3005. The Office of Management and Enterprise Services
Central Purchasing Division Department of Central Purchasing shall
determine the fair market price of all products and services
included in the procurement schedule and shall revise such prices in
accordance with changing market conditions; provided, however, a
change in price shall not be effective prior to the expiration of
thirty (30) days from the date on which such change is approved.
Approved fair market prices shall be reflected on State Use
contracts and procurement schedules within thirty (30) days of
approval and distribution.
SECTION 29. AMENDATORY 74 O.S. 2021, Section 3006, as
amended by Section 8, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3006), is amended to read as follows:
Section 3006. The State Purchasing Director of the Department
of Central Purchasing may contract with a central nonprofit agency
to facilitate:
1. Management of the day-to-day operations of the program;

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2. The facilitation, promotion, and the distribution of orders
of the state for products or services on the procurement schedule
among qualified nonprofit agencies for people with significant
disabilities;
3. Scheduling and conducting annual training sessions;
4. Publishing the approved State Use Procurement Schedule;
5. Promotion of the State Use Program through development and
distribution of program marketing material, promotion of program
through continued contact with current and future customers; and
6. All other duties assigned by the RFP through the Office of
Management and Enterprise Services Department of Central Purchasing.
SECTION 30. AMENDATORY 74 O.S. 2021, Section 3007, as
amended by Section 9, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3007), is amended to read as follows:
Section 3007. A. Whenever this state or any of its agencies
intends to procure any product or service included in the
procurement schedule, that entity shall secure the product or
service from a qualified nonprofit agency providing employment to
people with significant disabilities at the fair market price
determined by the Office of Management and Enterprise Services
Central Purchasing Division Department of Central Purchasing, if the
product or service is available within the period required by the
entity and meets the specifications of the entity.

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B. An agency of this state shall not evade the intent and
meaning of this section by slight variations from standards adopted
by the Office of Management and Enterprise Services Central
Purchasing Division Department of Central Purchasing.
C. Provided, the requirements of this section shall not apply
to the procurement of janitorial services by the Oklahoma State
Bureau of Investigation. The Bureau shall conduct background
investigations and national criminal history record checks on
companies and individuals with which it contracts to provide
janitorial services.
D. Any municipality or county agency of this state is
authorized to purchase products and services from any qualified
organization as defined in Section 3003 of this title. The
qualified organization shall be able to meet the needs and
specifications for the products or services required by the
purchasing body at the fair market price. Procurements made
pursuant to the provisions of this section shall not be subject to
competitive bid requirements.
SECTION 31. AMENDATORY 74 O.S. 2021, Section 3008, as
amended by Section 10, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3008), is amended to read as follows:
Section 3008. A. Nothing in Section 3001 et seq. of this title
pursuant to purchases of products and services from people with
significant disabilities shall be construed to prohibit any

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department or agency of the state from manufacturing or supplying
its own products or services for its own use. Procurements made
pursuant to Section 3001 et seq. of this title shall not be subject
to the competitive bid requirements of the Oklahoma Central
Purchasing Act, Section 85.1 et seq. of this title.
B. The Office of Management and Enterprise Services Central
Purchasing Division Department of Central Purchasing shall require
an annual qualified organization pricing review for all products and
services approved and designated on the procurement schedule. The
method of the pricing review shall be defined in the promulgated
rules.
C. When the fair market price for a product or service approved
by the Office of Management and Enterprise Services Central
Purchasing Division Department of Central Purchasing exceeds a
current market price for the same product or service and such lower
market price has been verified by the agency through compliance with
the fair market analysis process approved by the Office of
Management and Enterprise Services Central Purchasing Division
Department of Central Purchasing, the State Use contracting officer
may grant a temporary exception to a requesting agency so that the
agency may purchase the product or service from the supplier
offering the lower market price.

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SECTION 32. AMENDATORY 74 O.S. 2021, Section 3009, as
amended by Section 11, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3009), is amended to read as follows:
Section 3009. A. The Office of Management and Enterprise
Services Central Purchasing Division Department of Central
Purchasing shall prescribe rules to carry out the purposes of the
provisions of Sections 3001 through 3009 of this title.
B. The rules shall include requirements for:
1. Publishing a catalog listing goods and services and jobs
that qualified agencies employing people with significant
disabilities can provide the state, annually; and
2. Conducting a minimum of two meetings per year of the State
Use Council, in compliance with the Oklahoma Open Meeting Act,
Section 301 et seq. of Title 25 of the Oklahoma Statutes.
C. On an annual basis, the Office of Management and Enterprise
Services Department of Central Purchasing shall, within sixty (60)
days after the close of the fiscal year, transmit a strategic plan
for the State Use Program to the President Pro Tempore of the
Senate, the Speaker of the House of Representatives and the
Governor.
SECTION 33. AMENDATORY 74 O.S. 2021, Section 4191, is
amended to read as follows:
Section 4191. A. The Director of the Office of Management and
Enterprise Services Department of Central Purchasing shall establish

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and administer child care centers with funds available for that
purpose.
B. The Director of the Office of Management and Enterprise
Services Department of Central Purchasing may approve a consortium,
partnership, cooperative or agreement to provide child care centers
with other public or private employers.
C. The child care centers shall be operated through a contract
with child care providers. Specifications for a contract shall be
developed with the assistance of, and subject to the approval of,
the Director of the Office of Management and Enterprise Services
Department of Central Purchasing. Any such contract shall be made
through the Central Purchasing Division of the Office of Management
and Enterprise Services Department of Central Purchasing. The low
bid will not be the single qualifier. Any child care provider shall
be required to carry sufficient liability insurance coverage which
will pay damages incurred as a result of the negligent acts or
omissions of an employee of the child care provider within the scope
of the employment of such person. Any child care provider shall
meet or exceed applicable state child care facilities licensure
standards.
D. Nothing in this section shall prevent the Director from
utilizing paragraph 13 of Section 85.5 of this title and paragraph 3
of subsection A of Section 85.7 of this title to continue the
operation of a child care center with emergency contracts when the

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service provider's contract is canceled or terminated before another
qualified service provider is procured. The employees of the Office
of Management and Enterprise Services Department of Central
Purchasing shall not be employed to operate the centers.
E. Any parent utilizing the services of a child care center
shall be responsible for the charges assessed by the child care
provider for child care services.
SECTION 34. AMENDATORY 80 O.S. 2021, Section 34.2, is
amended to read as follows:
Section 34.2. A. The Director of the Office of Management and
Enterprise Services Department of Central Purchasing shall appoint
and fix the duties and compensation of a Surplus Property Agent.
The Purchasing Division of the Office of Management and Enterprise
Services Department of Central Purchasing shall purchase for the
Surplus Property Agent a bond payable to the State of Oklahoma in
the sum of Fifty Thousand Dollars ($50,000.00), conditioned for the
faithful performance of the duties of the Surplus Property Agent.
B. Pursuant to the provisions of Sections 34.1 through 34.6 of
this title, the Director of the Office of Management and Enterprise
Services Department of Central Purchasing shall promulgate rules for
acquisition of surplus property by the Surplus Property Agent, state
departments, institutions and agencies, and other authorized
entities. The rules shall provide for the determination of a
reasonable fee to assess the state departments, institutions and

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agencies, and other authorized entities for surplus property. The
fee determination shall include costs the Surplus Property Agent
incurs to acquire, warehouse, distribute, and other administrative
costs and expenses.
SECTION 35. This act shall become effective November 1, 2026.

60-2-13922 MJ 01/06/26