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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4276 By: Miller
AS INTRODUCED
An Act relating to public buildings and public works;
prohibiting all entities subject to the Public
Competitive Bidding Act of 1974 from any public
improvement or public construction contract unless
funds sufficient to complete the contemplated work
have been approved, appropriated, and certified;
requiring public entities to obtain written
certification of funds; providing contents of
certification; directing certification be retained in
official project file; clarifying any solicitation
without prior approval and certification shall be
void and invalidated; requiring suspension of bidding
if estimated cost increases; clarifying applicability
to all public improvement projects unless otherwise
exempted by law; amending 19 O.S. 2021, Section 1501,
as last amended by Section 1, Chapter 85, O.S.L. 2025
(19 O.S. Supp. 2025, Section 1501), which relates to
duties of county purchasing agent; prohibiting
solicitation of bids until funding for contemplated
acquisition has been approved, appropriated, and
certified; directing the county clerk to obtain a
written certification of funds; directing
certification of funding be retained in the
solicitation file; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 140 of Title 61, unless there is
created a duplication in numbering, reads as follows:
A. No state agency, political subdivision, county, school
district, public trust, or other public entity subject to the Public
Competitive Bidding Act of 1974 shall issue, publish, or release any
solicitation for bids, requests for proposals, construction manager
selection documents, prequalification announcements, or other
competitive bidding instruments for any public improvement or public
construction contract unless and until funds sufficient to complete
the contemplated work have been formally approved, appropriated, and
certified as available for expenditure.
B. Prior to issuing any competitive bidding documents, the
public entity shall obtain a written certification of funds from the
officer or authority responsible for encumbering or certifying the
availability of funds for the entity. The certification shall:
1. Identify the appropriation or funding source;
2. State the amount of funds appropriated and available; and
3. Confirm that such funds are unencumbered and sufficient to
cover the estimated cost of the project.
C. The written certification of funding shall be retained in
the official project file and incorporated by reference into the
bidding documents.
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D. Any solicitation issued without prior funding approval and
certification required under this section shall be void, and bids or
proposals received pursuant to such solicitation shall be invalid
and may not be opened, considered, or awarded.
E. If the estimated cost of the public improvement increases
after issuance of bidding documents, the bidding process shall be
suspended until additional funds are appropriated and certified.
F. The provisions of this section shall apply to all public
improvement projects subject to the Public Competitive Bidding Act
of 1974 unless otherwise expressly exempted by law.
SECTION 2. AMENDATORY 19 O.S. 2021, Section 1501, as
last amended by Section 1, Chapter 85, O.S.L. 2025 (19 O.S. Supp.
2025, Section 1501), is amended to read as follows:
Section 1501. A. The county purchasing agent:
1. Shall, within the amount of the unencumbered balance, make
all purchases that are paid from county funds for the various
institutions, departments, officers, and employees of the county,
except at public auctions and as otherwise provided for by law;
2. May make purchases for political subdivisions of this state
within the county if authorized by appropriate action of the
governing board or body of the political subdivision affected;
3. Shall make purchases and rental or lease-purchase agreements
only after following the bidding procedures as provided for by law,
except:
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a. when the purchase does not exceed Twenty-five Thousand
Dollars ($25,000.00) by department. All purchases
made pursuant to this subparagraph shall be by a
single purchase order. Splitting purchase orders
which would result in paying an amount in excess of
the limitations specified in this subparagraph is
expressly prohibited. Any person convicted of
violating the provisions of this subparagraph shall be
guilty of a misdemeanor and such person shall forfeit
the person's position or office,
b. when the total payments of a rental or lease-purchase
agreement do not exceed the current bid limit as
established in subparagraph a of this paragraph,
c. when articles and items are covered by single-source
contracts,
d. service or maintenance contracts on equipment or
machinery which are entered into at the time of the
purchase of the equipment or machinery,
e. purchases made pursuant to a blanket purchase order as
provided for in Section 310.8 of Title 62 of the
Oklahoma Statutes,
f. when materials for road or bridge improvements do not
exceed Seven Dollars ($7.00) per yard or per ton,
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g. purchases of fuel if the county purchasing agent
obtains quotes from at least three vendors prior to
the purchase and the lowest and best quote is
selected. Documentation of these quotes shall be
recorded in the permanent records of the clerk,
h. purchases of tools, apparatus, machinery, or equipment
from a state agency or a political subdivision of the
state as provided for in subsection C of Section 421.1
of this title,
i. purchases of food for prisoners incarcerated in the
county jail; provided, in counties having a population
in excess of one hundred thousand (100,000) persons,
the county purchasing agent shall follow bidding
procedures as provided by law unless the county
purchasing agent obtains quotes pursuant to the whole
total of food items requisitioned prior to the
purchase and the lowest and best quote is selected.
Documentation of these quotes shall be recorded in the
permanent records of the county clerk,
j. when a county solicits bids for the purchase of
processed native materials for road and bridge
improvements, the county may accept all bids received,
with the lowest and best bid from those accepted to be
selected at the time of opening of any construction
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project. The selection of the bid shall be based upon
availability, bid price, and transportation costs,
k. when a vendor has been selected as the lowest and best
bidder to furnish a particular item or items to the
county during a specified time period and in the event
the vendor is unable to perform, the purchasing agent
may solicit telephone quotes for the item or items
needed or select the next lowest and best bidder from
the list of qualified bidders and provide for the
purchase of the items at the lowest and best quote
available. All vendors submitting bids for the
specific product or service will be considered at or
below the amount they bid,
l. when considering the purchase of an item or items from
the state bid list as provided by the Office of
Management and Enterprise Services or the General
Services Administration, if the same exact item is
available from a local vendor at or below the price
listed on the state bid list or the General Services
Administration list, the item may be obtained from the
vendor,
m. any item or items bid by the Office of Management and
Enterprise Services which may be purchased by the
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county, provided the vendor is willing to supply the
item or items to the county at the bid price,
n. when a county obtains proceeds from the sale of its
property at a public auction, that county may use
those proceeds to acquire items previously identified
as needed by the county at the same public auction
pursuant to subsection D of Section 1505 of this
title,
o. when an item or items have been competitively bid by a
county, or on behalf of a group of counties, provided:
(1) the notice to bidders shall list each county
which may participate in the purchase of the item
or items being bid,
(2) the notice of bid is advertised, as provided by
law, in each of the counties which may
participate in the purchase of the item or items,
(3) all vendors on the list of qualified bidders of
each participating county who offer the item or
items for sale received notice of the bid
request, and
(4) the vendor awarded the bid is willing and able to
provide the item or items at the bid price,
p. counties may participate in a nationwide purchasing
program sponsored by the national association
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representing counties and local cooperative
procurement agreements entered into by the counties
and other local jurisdictions or any other
competitively bid nationwide purchasing program, or
q. when the Governor declares an emergency in a county,
the district attorney of that county shall have the
authority to temporarily waive competitive bidding
procedures for purchases that may expedite a response
to the emergency situation. This temporary waiver
shall be in addition to any powers exercised pursuant
to Section 683.11 of Title 63 of the Oklahoma
Statutes.
The purchases shall be paid by attaching properly itemized
invoices, as described in Section 1505 of this title, to a purchase
order which has been prepared by the county purchasing agent and
submitting both to the county clerk for filing, encumbering, and
consideration for payment by the board of county commissioners;
4. Shall not furnish any supplies, materials, equipment, or
other articles, except upon receipt of a requisition signed by a
county officer. Written requisitions will not be required for
blanket purchase orders as provided for in Section 310.8 of Title 62
of the Oklahoma Statutes. Each county officer may designate not
more than two employees who also shall be authorized to sign
requisitions in the absence of the county officer. A written
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designation of the employees shall be filed with the county clerk
and shall be entered in the minutes of the board of county
commissioners. The county may designate two individuals who are not
county employees for each of the following entities within the
county to act as receiving and requisitioning officers:
a. fire protection districts organized and operated
pursuant to the provisions of Sections 901.1 through
901.29 of this title,
b. fire protection services established pursuant to the
provisions of Section 351 of this title,
c. volunteer or full-time fire departments established
pursuant to Section 592 of Title 18 of the Oklahoma
Statutes, and
d. municipal fire departments organized and operated
pursuant to the provisions of Sections 29-101 through
29-115 of Title 11 of the Oklahoma Statutes.
A written designation of these individuals shall be filed with
the county clerk and shall be entered in the minutes of the board of
county commissioners meeting in which the designations are made.
Further, entities described in subparagraphs a, b, c, and d of this
paragraph, choosing to have any nonemployee of the county designated
as a receiving and requisitioning officer shall provide evidence of
blanket bond coverage or employee dishonesty liability insurance for
each such designee;
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5. Shall make lease or lease-purchase agreements for road
machinery and equipment if the county has adequate funds
appropriated during any fiscal year for such purpose and only after
following the bidding procedures as provided for in Section 1505 of
this title. The term of any lease or lease-purchase agreement
authorized pursuant to this paragraph may be for any period up to
one (1) year; provided, the term shall not extend beyond the end of
any fiscal year, with an option to renew such agreement subject to
the requirement that adequate funds are appropriated during the
fiscal year by the county for such purpose. The Office of the State
Auditor and Inspector shall be notified by the county of the terms
and conditions of a lease or lease-purchase agreement authorized
pursuant to this paragraph before any such agreement is made by the
county purchasing agent; and
6. Shall perform such other duties as may be delegated by the
appointing authority or as may be provided for by law.
B. Each department of county government needing repairs to
equipment, machinery, or vehicles shall make estimates and
requisition a purchase order from the county purchasing agent for
repairs not in excess of Ten Thousand Dollars ($10,000.00). Repairs
in excess of Ten Thousand Dollars ($10,000.00) shall be submitted on
a blanket purchase order as provided in Section 310.8 of Title 62 of
the Oklahoma Statutes.
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C. Each department of county government needing repairs to
heavy equipment, meaning equipment in excess of ten thousand
(10,000) pounds, shall make estimates and requisition a purchase
order from the county purchasing agent for repairs not in excess of
Thirty Thousand Dollars ($30,000.00). Repairs in excess of Thirty
Thousand Dollars ($30,000.00) shall be submitted on a blanket
purchase order as provided in Section 310.8 of Title 62 of the
Oklahoma Statutes.
D. 1. No county purchasing agent shall issue, publish, or
otherwise release any invitation to bid, request for proposals,
request for qualifications, or other form of competitive
solicitation for the acquisition, lease, or lease-purchase of
supplies, materials, equipment, information technology,
telecommunication goods or services, or public improvements to be
paid from county funds unless and until funding for the contemplated
acquisition has been formally approved, appropriated, and certified
as available for expenditure.
2. Before issuance of a competitive solicitation, the county
clerk shall obtain a written certification of funds from the officer
or authority responsible for encumbering or certifying the
availability of funds for the entity. The certification shall:
a. identify the appropriation or funding source,
b. state the amount of funds appropriated and available,
and
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c. confirm that such funds are unencumbered and
sufficient to cover the estimated cost of the project.
3. The written certification of funding shall be retained in
the solicitation file and shall be referenced in the solicitation
document.
4. Any competitive solicitation issued without prior funding
approval and certification as required by this subsection shall be
void, and any bids or proposals received in response thereto shall
be invalid and may not be considered by the county.
5. If, after certification but prior to award, the estimated
procurement cost increases, the solicitation shall be suspended
until additional funds are appropriated and certified.
SECTION 3. This act shall become effective November 1, 2026.
60-2-15230 MJ 01/06/26