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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1611 By: Frix
AS INTRODUCED
An Act relating to state procurement; creating the
Procurement Protection Act of 2026; providing short
title; defining terms; prohibiting certain entities
from entering into contracts with certain companies;
requiring certain disclosure statements; providing
penalties; providing exceptions to certain
prohibitions; providing for noncodification;
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 not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Procurement
Protection Act of 2026”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 85.59 of Title 74, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Company” means any sole proprietorship, organization,
association, corporation, partnership, joint venture, limited
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partnership, limited liability partnership, limited liability
company, or other entity or business association, including all
wholly owned subsidiaries, majority-owned subsidiaries, parent
companies, or affiliates of such entities or business associations
that exist for the purpose of making profit;
2. “Control” means:
a. control as defined in the Investment Company Act of
1940, 15 U.S.C., Section 80a-2(a), or
b in the case of a company domiciled in the People’s
Republic of China, involvement in a company’s
governance structure, monitoring, or internal human
resources decisions of a company consistent with the
objectives set out in the Opinion on Strengthening the
United Front Work of the Private Economy in the New
Era issued by the General Office of the Central
Committee of the Chinese Communist Party (2020) or a
successor or similar document;
3. “Domicile” means the country in which a company is
registered, the company’s affairs are primarily completed, and where
the majority of ownership share is held;
4. “Federally banned corporation” means any company or
designated equipment federally banned currently or banned after the
effective date of this act. Such bans shall include those resulting
from, but not limited to, the following federal agencies and acts:
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a. the Federal Communications Commission, including, but
not limited to, any equipment or service deemed to
pose a threat to national security identified on the
Covered List developed pursuant to 47 C.F.R., Section
1.50002 and published by the Public Safety and
Homeland Security Bureau of the Federal Communications
Commission pursuant to the federal Secure and Trusted
Communications Networks Act of 2019, 47 U.S.C.,
Section 1601 et seq.,
b. the United States Department of Commerce,
c. the Cybersecurity and Infrastructure Security Agency,
d. the Federal Acquisition Security Council, and
e. Section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, P. L. 115-232;
5. “Foreign adversary” means a government other than the
federal government of the United States or the government of any
state, political subdivision of the state, tribe, territory, or
possession of the United States and designated by the United States
Secretary of State as hostile or a Country of Particular Concern
(CPC); and
6. “Foreign adversary company” means any company, other than a
United States person or United States subsidiary as such terms are
defined in 15 C.F.R., Section 772.1, that:
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a. is domiciled, incorporated, issued, or listed in a
foreign adversary country,
b. is headquartered in a foreign adversary country,
c. has its principal place of business in a foreign
adversary country,
d. is controlled by the government of a foreign adversary
or any instrumentality thereof, or
e. is majority-owned by an entity controlled by the
government of a foreign adversary or any
instrumentality thereof.
If a parent company does not meet any of the criteria set forth
in this paragraph and does not recognize more than fifty percent
(50%) of the total annual global revenue of the parent company and
subsidiaries from a foreign adversary, such parent company shall not
be considered a foreign adversary company.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 85.59a of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. Except as provided under subsection D of this section, the
following companies shall be ineligible to bid on or submit a
proposal for a contract with a state agency or political subdivision
of this state for goods or services:
1. A state-owned enterprise of a foreign adversary;
2. A company domiciled within a foreign adversary;
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3. A foreign adversary company; or
4. A federally banned corporation.
B. A state agency or any political subdivision of this state
shall require a company that submits a bid or proposal with respect
to a contract for goods or services to certify that the company is
not a company listed under subsection A of this section.
C. If the Director of the Office of Management and Enterprise
Services or political subdivision determines that a company has
submitted a false certification under subsection B of this section:
1. The company shall be liable for a civil penalty in an amount
that is equal to Two Hundred Fifty Thousand Dollars ($250,000.00) or
twice the amount of the contract for which a bid or proposal was
submitted, whichever is greater;
2. The state agency or the Office of Management and Enterprise
Services shall terminate the contract with the company; and
3. The company shall be ineligible to, and shall not, bid on a
state contract for sixty (60) months.
D. Notwithstanding the provisions of subsection B of this
section, a state agency may enter into a contract for goods
manufactured by a company listed under subsection A of this section
if:
1. There is no other reasonable option for procuring the good;
and
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2. The contract is pre-approved by the Director of the Office
of Management and Enterprise Services, or, in the case of a
political subdivision, the contract is pre-approved by the
procurement authority of the political subdivision, after a
determination that not procuring the good would pose a greater
threat to this state than the threat associated with the
procurement.
SECTION 4. This act shall become effective November 1, 2026.
60-2-3225 MSBB 1/13/2026 1:24:45 PM