Information technology; directing state agencies to manage information technology services. Effective date. Emergency.

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STATE OF OKLAHOMA

1st Session of the 60th Legislature (2025)

COMMITTEE SUBSTITUTE
FOR
SENATE BILL 179 By: Bullard

COMMITTEE SUBSTITUTE

An Act relating to information technology; directing
state agencies to maintain information technology
services; requiring reporting; amending 19 O.S. 2021,
Section 1505, as amended by Section 3, Chapter 94,
O.S.L. 2022 (19 O.S. Supp. 2024, Section 1505), which
relates to county purchasing; conforming language;
amending 62 O.S. 2021, Sections 34.11.1, as amended
by Section 1, Chapter 193, O.S.L. 2024, 34.20.1,
34.23, 34.24, 34.27, 34.31, and 34.32, as amended by
Section 25, Chapter 228, O.S.L. 2022 (62 O.S. Supp.
2024, Sections 34.11.1 and 34.32), which relate to
the Oklahoma State Finance Act; conforming language;
amending 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), which relates to state
purchasing; conforming language; updating statutory
language; updating statutory references; providing
for codification; repealing 62 O.S. 2021, Sections
34.11.8, 34.12, as amended by Section 2, Chapter 74,
O.S.L. 2022, 34.13, 34.15, 34.19, 34.20, 34.21,
34.22, 34.26, 34.28, 34.30, 34.33, 35.1, 35.2, 35.3,
35.4, 35.5, 35.6, 35.6.1, 35.6.2, 35.7, 35.8, and
35.9 (62 O.S. Supp. 2024, Section 34.12), which
relate to the Oklahoma State Finance Act and the
Information Technology Consolidation and Coordination
Act; providing an effective date; and declaring an
emergency.

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 35.10 of Title 62, unless there
is created a duplication in numbering, reads as follows:
A. 1. On and after the effective date of this act, all state
agencies shall be responsible for their information technology
services. Provided, however, all cybersecurity duties shall be
maintained by the Information Services Division of the Office of
Management and Enterprise Services.
2. The Information Services Division of the Office of
Management and Enterprise Services shall transfer to each state
agency all data, records, and other information regarding the
agency’s information technology services rendered prior to the
effective date of this act. The Chief Information Officer of this
state and the Information Services Division shall advise agencies as
needed regarding the requisition of information technology services,
and any other services as requested by the agency.
B. Each state agency shall submit an electronic report to the
Governor and the Chief Information Officer annually, not later than
December 31 of each calendar year, detailing the status of the
information technology services rendered to the agency and any other
information as deemed necessary by the Governor and the Chief
Information Officer.

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SECTION 2. AMENDATORY 19 O.S. 2021, Section 1505, as
amended by Section 3, Chapter 94, O.S.L. 2022 (19 O.S. Supp. 2024,
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 information technology and
telecommunication goods and services 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;
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

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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
information technology and telecommunication goods 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 information technology and
telecommunication goods 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 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 shall either request the
Purchasing Division 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

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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 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
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;
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

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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 Purchasing Division of the Office
of Management and Enterprise Services shall be given to the county
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

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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
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 successful bidders for a price at or below the
bid price. If a vendor who is the low bidder cannot or will not
sell goods or services as required by a county bid contract, the
county purchasing agent may make a one-time purchase from the next

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lowest or best quote or take quotations as provided in paragraph 6
of this subsection; provided, however, such purchase does not exceed
Twenty-five Thousand Dollars ($25,000.00) as the amount specified in
subparagraph a of paragraph 3 of subsection A of Section 1501 of
this title; 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 information technology and
telecommunication goods 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;

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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:
“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.

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D. 1. The procedure for the purchase of supplies, materials,
equipment, and information technology and telecommunication goods
and services at public auction or by sealed bid to be used by a
county shall be as follows:
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

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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
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 are 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,

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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,
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

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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:
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

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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;
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

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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:
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

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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
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’s Office Inspector to the board of county commissioners.

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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.
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. Purchase
cardholders A purchase cardholder shall sign a purchase card

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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 through the state transparency portal
pursuant to Section 85.33B of Title 74 of the Oklahoma Statutes, and
as warrants required to be published pursuant to Sections 444 and
445 of this title.
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 62 O.S. 2021, Section 34.11.1, as
amended by Section 1, Chapter 193, O.S.L. 2024 (62 O.S. Supp. 2024,
Section 34.11.1), is amended to read as follows:
Section 34.11.1. A. There is hereby created the position of
Chief Information Officer who shall be appointed by the Governor.
The Chief Information Officer, in addition to having authority over
the Information Services Division of the Office of Management and
Enterprise Services, shall also serve as Secretary of Information
Technology and Telecommunications or successor cabinet position and
shall have jurisdictional areas of responsibility related to
information technology and telecommunications systems of all state
agencies as provided for in state law. The salary of the Chief

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Information Officer shall not be less than One Hundred Thirty
Thousand Dollars ($130,000.00) or more than One Hundred Sixty
Thousand Dollars ($160,000.00).
B. Any person appointed to the position of Chief Information
Officer shall meet the following eligibility requirements:
1. A baccalaureate degree in Computer Information Systems,
Information Systems or Technology Management, Business
Administration, Finance, or other similar degree;
2. A minimum of ten (10) years of professional experience with
responsibilities for management and support of information systems
and information technology, including seven (7) years of direct
management of a major information technology operation;
3. Familiarity with local and wide-area wide area network
design, implementation, and operation;
4. Experience with data and voice convergence service
offerings;
5. Experience in developing technology budgets;
6. Experience in developing requests for proposal and
administering the bid process;
7. Experience managing professional staff, teams, and
consultants;
8. Knowledge of telecommunications operations;

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9. Ability to develop and set strategic direction for
information technology and telecommunications and to manage daily
development and operations functions;
10. An effective communicator who is able to build consensus;
11. Ability to analyze and resolve complex issues, both logical
and interpersonal;
12. Effective verbal and written communications skills and
effective presentation skills, geared toward coordination and
education;
13. Ability to negotiate and defuse conflict; and
14. A self-motivator, independent, cooperative, flexible and
creative.
C. The salary and any other expenses for the Chief Information
Officer shall be budgeted as a separate line item through the Office
of Management and Enterprise Services. The operating expenses of
the Information Services Division shall be set by the Chief
Information Officer and shall be budgeted as a separate line item
through the Office of Management and Enterprise Services. The
Office of Management and Enterprise Services shall provide adequate
office space, equipment and support necessary to enable the Chief
Information Officer to carry out the information technology and
telecommunications duties and responsibilities of the Chief
Information Officer and the Information Services Division.

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D. 1. Within twelve (12) months of appointment, the first
Chief Information Officer shall complete an assessment, which shall
be modified annually pursuant to Section 35.5 of this title, of the
implementation of the transfer, coordination, and modernization of
all information technology and telecommunication systems of all
state agencies in the state as provided for in the Oklahoma
Information Services Act. The assessment shall include the
information technology and telecommunications systems of all
institutions within The Oklahoma State System of Higher Education,
the Oklahoma State Regents for Higher Education and the
telecommunications network known as OneNet as assembled and
submitted by the Oklahoma Higher Education Chief Information
Officer, as designated by the Oklahoma State Regents for Higher
Education.
2. Within twelve (12) months of appointment, the first Chief
Information Officer shall issue a report setting out a plan of
action which will include the following:
a. define the shared service model organization structure
and the reporting relationship of the recommended
organization,
b. the implementation of an information technology and
telecommunications shared services model that defines
the statewide infrastructure environment needed by
most state agencies that is not specific to individual

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agencies and the shared applications that are utilized
across multiple agencies,
c. define the services that shall be in the shared
services model under the control of the Information
Services Division of the Office of Management and
Enterprise Services,
d. define the roadmap to implement the proposed shared
services model. The roadmap shall include
recommendations on the transfer, coordination, and
modernization of all information technology and
telecommunication systems of all the state agencies in
the state,
e. recommendations on the reallocation of information
technology and telecommunication resources and
personnel,
f. a cost benefit analysis to support the recommendations
on the reallocation of information technology and
telecommunication resources and personnel,
g. a calculation of the net savings realized through the
reallocation and consolidation of information
technology and telecommunication resources and
personnel after compensating for the cost of
contracting with a private consultant as authorized in
paragraph 4 of this subsection, implementing the plan

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of action, and ongoing costs of the Information
Services Division of the Office of Management and
Enterprise Services, and
h. the information required in subsection B of Section
35.5 of this title.
3. The plan of action report shall be presented to the
Governor, Speaker of the Oklahoma House of Representatives, and the
President Pro Tempore of the Oklahoma State Senate.
4. The Chief Information Officer may contract with a private
consultant or consultants to assist in the assessment and
development of the plan of action report as required in this
subsection.
E. The Chief Information Officer shall be authorized to employ
personnel, fix the duties and compensation of the personnel, not
otherwise prescribed by law, and otherwise direct the work of the
personnel in performing the function and accomplishing the purposes
of the Information Services Division of the Office of Management and
Enterprise Services.
F. E. The Information Services Division of the Office of
Management and Enterprise Services shall be responsible for the
following duties: cybersecurity duties and services to state
agencies and political subdivisions.
1. Formulate and implement the information technology strategy
for all state agencies;

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2. Define, design, and implement a shared services statewide
infrastructure and application environment for information
technology and telecommunications for all state agencies;
3. Direct the development and operation of a scalable
telecommunications infrastructure that supports data and voice
communications reliability, integrity, and security;
4. Supervise the applications development process for those
applications that are utilized across multiple agencies;
5. Provide direction for the professional development of
information technology staff of state agencies and oversee the
professional development of the staff of the Information Services
Division of the Office of Management and Enterprise Services;
6. Evaluate all technology and telecommunication investment
choices for all state agencies;
7. Create a plan to ensure alignment of current systems, tools,
and processes with the strategic information technology plan for all
state agencies;
8. Set direction and provide oversight for the support and
continuous upgrading of the current information technology and
telecommunication infrastructure in the state in support of enhanced
reliability, user service levels, and security;
9. Direct the development, implementation, and management of
appropriate standards, policies and procedures to ensure the success
of state information technology and telecommunication initiatives;

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10. Recruit, hire and transfer the required technical staff in
the Information Services Division of the Office of Management and
Enterprise Services to support the services provided by the Division
and the execution of the strategic information technology plan;
11. Establish, maintain, and enforce information technology and
telecommunication standards;
12. Delegate, coordinate, and review all work to ensure quality
and efficient operation of the Information Services Division of the
Office of Management and Enterprise Services;
13. Create and implement a communication plan that disseminates
pertinent information to state agencies on standards, policies,
procedures, service levels, project status, and other important
information to customers of the Information Services Division of the
Office of Management and Enterprise Services and provide for agency
feedback and performance evaluation by customers of the Division;
14. Develop and implement training programs for state agencies
using the shared services of the Information Services Division of
the Office of Management and Enterprise Services and recommend
training programs to state agencies on information technology and
telecommunication systems, products and procedures;
15. Provide counseling, performance evaluation, training,
motivation, discipline, and assign duties for employees of the
Information Services Division of the Office of Management and
Enterprise Services;

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16. For all state agencies, approve the purchasing of all
information technology and telecommunication services and approve
the purchase of any information technology and telecommunication
product except the following:
a. a purchase less than or equal to Five Thousand Dollars
($5,000.00) if such product is purchased using a state
purchase card and the product is listed on either the
Approved Hardware or Approved Software list located on
the Office of Management and Enterprise Services
website, or
b. a purchase over Five Thousand Dollars ($5,000.00) and
less than or equal to Twenty-five Thousand Dollars
($25,000.00) if such product is purchased using a
state purchase card, the product is listed on an
information technology or telecommunications statewide
contract, and the product is listed on either the
Approved Hardware or Approved Software list located on
the Office of Management and Enterprise Services
website;
17. Develop and enforce an overall infrastructure architecture
strategy and associated roadmaps for desktop, network, server,
storage, and statewide management systems for state agencies;
18. Effectively manage the design, implementation and support
of complex, highly available infrastructure to ensure optimal

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performance, on-time delivery of features, and new products, and
scalable growth;
19. Define and implement a governance model for requesting
services and monitoring service level metrics for all shared
services; and
20. Create the budget for the Information Services Division of
the Office of Management and Enterprise Services to be submitted to
the Legislature each year.
G. The State Governmental Technology Applications Review Board
shall provide ongoing oversight of the implementation of the plan of
action required in subsection D of this section. Any proposed
amendments to the plan of action shall be approved by the Board
prior to adoption.
H. 1. The Chief Information Officer shall act as the
Information Technology and Telecommunications Purchasing Director
for all state agencies and shall be responsible for the procurement
of all information technology and telecommunication software,
hardware, equipment, peripheral devices, maintenance, consulting
services, high technology systems, and other related information
technology, data processing, telecommunication and related
peripherals and services for all state agencies. The Chief
Information Officer shall establish, implement, and enforce policies
and procedures for the procurement of information technology and
telecommunication software, hardware, equipment, peripheral devices,

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maintenance, consulting services, high technology systems, and other
related information technology, data processing, telecommunication
and related peripherals and services by purchase, lease-purchase,
lease with option to purchase, lease and rental for all state
agencies. The procurement policies and procedures established by
the Chief Information Officer shall be consistent with The Oklahoma
Central Purchasing Act.
2. The Chief Information Officer, or any employee or agent of
the Chief Information Officer acting within the scope of delegated
authority, shall have the same power and authority regarding the
procurement of all information technology and telecommunication
products and services as outlined in paragraph 1 of this subsection
for all state agencies as the State Purchasing Director has for all
acquisitions used or consumed by state agencies as established in
The Oklahoma Central Purchasing Act. Such authority shall,
consistent with the authority granted to the State Purchasing
Director pursuant to Section 85.10 of Title 74 of the Oklahoma
Statutes, include the power to designate financial or proprietary
information submitted by a bidder confidential and reject all
requests to disclose the information so designated, if the Chief
Information Officer requires the bidder to submit the financial or
proprietary information with a bid, proposal, or quotation.
I. The Information Services Division of the Office of
Management and Enterprise Services and the Chief Information Officer

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shall be subject to the Oklahoma Central Purchasing Act for the
approval and purchase of all equipment, products, and services and
shall also be subject to the requirements of the Public Competitive
Bidding Act of 1974, the Oklahoma Lighting Energy Conservation Act
and the Public Building Construction and Planning Act. The Chief
Information Officer shall be authorized to delegate all or some of
the procurement of information technology and telecommunication
products and services and construction of facilities and
telecommunication networks to another state entity if the Chief
Information Officer determines it to be cost-effective and in the
best interest of the state. The Chief Information Officer shall
have authority to designate information technology and
telecommunication contracts as statewide contracts and mandatory
statewide contracts pursuant to Section 85.5 of Title 74 of the
Oklahoma Statutes and to negotiate consolidation contracts,
enterprise agreements and high technology systems contracts. Any
contract entered into by a state agency for which the Chief
Information Officer has not acted as the Information Technology and
Telecommunications Purchasing Director as required in this
subsection or subsection H of this section, shall be deemed to be
unenforceable and the Office of Management and Enterprise Services
shall not process any claim associated with the provisions thereof.
J. F. The Chief Information Officer shall establish, implement,
and enforce policies and procedure for the development and

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procurement of an interoperable radio communications system for
state agencies. The Chief Information Officer shall work with local
governmental entities in developing the interoperable radio
communications system.
K. G. The Chief Information Officer shall develop and implement
a plan to utilize open source technology and products for the
information technology and telecommunication systems of all state
agencies.
L. H. All state agencies and authorities of this state and all
officers and employees of those entities shall work and cooperate
with and lend assistance to the Chief Information Officer and the
Information Services Division of the Office of Management and
Enterprise Services and provide any and all information requested by
the Chief Information Officer.
M. The Chief Information Officer shall prepare an annual report
detailing the ongoing net saving attributable to the reallocation
and consolidation of information technology and telecommunication
resources and personnel and shall submit the report to the Governor,
the Speaker of the Oklahoma House of Representatives, and the
President Pro Tempore of the Oklahoma State Senate.
N. For purposes of the Oklahoma Information Services Act,
unless otherwise provided for, “state agencies” shall include any
office, officer, bureau, board, commission, counsel, unit, division,
body, authority or institution of the executive branch of state

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government, whether elected or appointed; provided, except with
respect to the provisions of subsection D of this section, the term
“state agencies” shall not include institutions within The Oklahoma
State System of Higher Education, the Oklahoma State Regents for
Higher Education and the telecommunications network known as OneNet.
O. As used in this section:
1. “High technology system” means advanced technological
equipment, software, communication lines, and services for the
processing, storing, and retrieval of information by a state agency;
2. “Consolidation contract” means a contract for several state
or public agencies for the purpose of purchasing information
technology and telecommunication goods and services; and
3. “Enterprise agreement” means an agreement for information
technology or telecommunication goods and services with a supplier
who manufactures, develops and designs products and provides
services that are used by one or more state agencies.
SECTION 4. AMENDATORY 62 O.S. 2021, Section 34.20.1, is
amended to read as follows:
Section 34.20.1. A. The Office of Management and Enterprise
Services shall recognize as a statewide contract an unencumbered
contract consummated in on behalf of the telecommunications network
known as OneNet by the Oklahoma State Regents for Higher Education
or any other state entity assigned responsibility for OneNet;
provided, said recognition shall require recommendation by the

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Information Services Division of the Office of Management and
Enterprise Services. The Office of Management and Enterprise
Services shall not subject purchases pursuant to said such contracts
to any quantity limit.
B. For purchases that require review of the purchase
requisition by the Information Services Division of the Office of
Management and Enterprise Services and that are not available on a
statewide contract but are available from a General Services
Administration (GSA) schedule or contract, or are available from a
GSA schedule or contract at a lesser price than from a state
contract, state agencies may, with the approval of the Information
Services Division, purchase from the vendor or vendors on the GSA
schedule or contract.
C. The Oklahoma State Regents for Higher Education and any
other state entity assigned responsibility for OneNet are authorized
to negotiate for education or government discounts from published
price listings and to make contracts at such prices subject to
adjustment for price increases nationally published.
SECTION 5. AMENDATORY 62 O.S. 2021, Section 34.23, is
amended to read as follows:
Section 34.23. A. There is hereby created a wide area
telecommunications network to be known and referred to as the
“Oklahoma Government Telecommunications Network (OGTN)”. The OGTN

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shall consist of the telecommunications systems and networks of
educational entities and agencies of state government.
B. Notwithstanding the provisions of subsection A of this
section:
1. The Oklahoma State Regents for Higher Education may continue
to operate, maintain and enhance the State Regents Educational
Telecommunications Network, subject to the provisions of the
Oklahoma Information Services Act known as OneNet. The Oklahoma
State Regents for Higher Education shall submit all plans for the
enhancement of the State Regents Educational Telecommunications
Network OneNet to the Information Services Division of the Office of
Management and Enterprise Services (OMES) for review and approval
within the context of the statewide telecommunications network
provided for in subsection C of this section and shall participate
with the Information Services Division in joint efforts to provide
services for the OGTN; and
2. The Department of Public Safety may continue to operate,
maintain and enhance the statewide law enforcement data
communications network provided for in Section 2-124 of Title 47 of
the Oklahoma Statutes, subject to the provisions of the Oklahoma
Information Services Act. The Department of Public Safety shall
submit all plans for the enhancement of the statewide law
enforcement data communications network to the Information Services
Division of the Office of Management and Enterprise Services for

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review and approval and shall participate with the Information
Services Division in joint efforts to provide services for the OGTN.
C. The Information Services Division Office of Management and
Enterprise Services shall be responsible for developing, operating
and maintaining the OGTN. The purposes of the OGTN shall include
the following:
1. Development of a comprehensive, unified statewide
telecommunications network to effectively, efficiently, and securely
meet the communication needs of educational entities and agencies of
state government;
2. Effective and efficient utilization of existing
telecommunications systems operated by educational entities and
agencies of state government; and
3. Elimination and prevention of unnecessarily duplicative
telecommunications systems operated by educational entities and
agencies of state government.
D. In developing, operating and maintaining the OGTN, the
Information Services Division OMES shall:
1. Develop a statewide master plan for meeting the
communications needs of educational entities and of agencies of
state government. To facilitate the development of a statewide
master plan as provided for in this paragraph:
a. the Oklahoma State Regents for Higher Education shall
submit a report annually to the Chief Information

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Officer identifying the telecommunications plans of
each member of The Oklahoma State System of Higher
Education. For purposes of developing such report,
each member shall cooperate with and submit to the
State Regents a plan of its telecommunications needs,
including, but not limited to, Internet, eGovernment,
as referenced in Sections 34.24 and 34.25 of this
title, any interactive video plans, the purchase of
informational data bases, software for manipulation of
bibliographic records, and the use of
telecommunications equipment or services,
b. the State Superintendent of Public Instruction shall
submit a report annually to the Chief Information
Officer identifying the telecommunications plans of
the public common school system of the state. For
purposes of developing such report, the respective
public elementary and secondary schools shall
cooperate with and submit to the State Superintendent
a plan of their telecommunications needs, including,
but not limited to, Internet, eGovernment, any
interactive video plans, the purchase of informational
data bases, software for manipulation of bibliographic
records, and the use of telecommunications equipment
or services,

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c. the Director of the Oklahoma Department of Career and
Technology Education shall submit a report annually to
the Chief Information Officer identifying the
telecommunications plans of technology center school
districts. For purposes of developing such report,
each technology center school district as defined in
Section 14-108 of Title 70 of the Oklahoma Statutes
shall cooperate with and submit to the Director of the
Oklahoma Department of Career and Technology Education
a plan of its telecommunications needs, including, but
not limited to, Internet, eGovernment, any interactive
video plans, the purchase of informational data bases,
software for manipulation of bibliographic records,
and the use of telecommunications equipment or
services,
d. the chief administrative officer of each state agency
of the executive branch shall submit a plan annually
to the Chief Information Officer identifying the
telecommunications needs of the state agency,
including, but not limited to, Internet, eGovernment,
any interactive video plans, the purchase of
informational data bases, software for manipulation of
bibliographic records, and the use of
telecommunications equipment or services, and

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e. the Director of the Oklahoma Department of Libraries
shall submit a report annually to the Chief
Information Officer identifying the telecommunications
plans of public libraries and public library systems.
For purposes of developing such report, the chief
administrative officer of any public library or public
library system not otherwise required to submit a plan
of its telecommunications needs pursuant to the
provisions of this paragraph shall cooperate with and
submit annually to the Director of the Oklahoma
Department of Libraries a plan of its
telecommunications needs, including, but not limited
to, Internet, eGovernment, any interactive video
plans, the purchase of informational data bases,
software for manipulation of bibliographic records,
and the use of telecommunications equipment or
services. To assure inclusion in the report of the
plans of the telecommunications needs of any library
that is a part of any member of The Oklahoma State
System of Higher Education, a public elementary or
secondary school, or technology center school
district, all such plans relating to libraries
received by the Oklahoma State Regents for Higher
Education, the State Superintendent of Higher

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Education Public Instruction, and the State Director
of the Oklahoma Department of Career and Technology
Education shall be submitted to the Director of the
Oklahoma Department of Libraries by the respective
recipients thereof as soon as practicable after
receipt. The Director of the Oklahoma Department of
Libraries shall certify to the Information Services
Division that such plans are consistent with the plan
developed by the Oklahoma Library Technology Network
or explain any inconsistencies therewith;
2. Identify the most cost-effective means of meeting the
telecommunications needs of educational entities and of agencies of
state government;
3. Develop minimum mandatory standards and protocols for
equipment, facilities and services of the OGTN;
4. Evaluate the advantages and disadvantages of utilizing
equipment, facilities, and services of both private entities and
those owned and operated by the state; and
5. Recommend a fee structure to provide for the operation and
maintenance of the OGTN.
SECTION 6. AMENDATORY 62 O.S. 2021, Section 34.24, is
amended to read as follows:
Section 34.24. A. In order to be at the forefront of
electronic commerce and provide constituents, agencies and out-of-

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state users with state-of-the-art electronic commerce and Internet
tools, the State of Oklahoma state recognizes the need for a state
portal system connecting state agency websites and information
systems.
B. The Information Services Division of the Office of
Management and Enterprise Services shall manage the installation,
maintenance and administration of the state portal system.
C. For purposes of this section and Section 34.27 of this
title, a “portal system” shall mean a system that hosts and connects
to a collection of online government and public services and serves
as the single point of access to state government services,
information, and transaction processing with a common enterprise
wide user interface allowing navigation among the services.
SECTION 7. AMENDATORY 62 O.S. 2021, Section 34.27, is
amended to read as follows:
Section 34.27. A. There is hereby established the State
Governmental Technology Applications Review Board. The Board shall
be composed of the following members:
1. The Director of the Office of Management and Enterprise
Services or a designee;
2. Four representatives from different state agencies, boards,
commissions, or authorities to be appointed by the Governor, at
least one of which shall be employed by a law enforcement agency;

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3. Two members who are not state government employees to be
appointed by the Speaker of the House of Representatives; and
4. Two members who are not state government employees to be
appointed by the President Pro Tempore of the Senate.
B. Members of the Board shall serve for terms of two (2) years.
The Board shall select a chair from among its members.
C. Members of the Board shall not receive compensation for
serving on the Board, but shall be reimbursed for travel expenses
incurred in the performance of their duties by their respective
agencies or appointing authority in accordance with the State Travel
Reimbursement Act.
D. Notwithstanding any other section of law, any member of the
Board attending a meeting via teleconference shall be counted as
being present in person and shall count toward the determination of
whether a quorum of the Board is present at the meeting.
E. The Board shall have the duty and responsibility of:
1. Reviewing for approval all convenience fees and merchant
fees as defined in Section 34.25 of this title and changes in
convenience fees and merchant fees charged by state agencies,
boards, commissions, or authorities;
2. Monitoring all portal systems and applications for portal
systems created by state agencies, boards, commissions, or
authorities, reviewing portal systems applications approved or
denied by the Information Services Division of the Office of

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Management and Enterprise Services, and making recommendations to
the Legislature and Governor to encourage greater use of the open-
systems concept as is defined in Section 34.26 of this title;
3. Granting an exemption for a specific license or permit to a
state agency from the requirements of Section 34.24.1 of this title.
The exemption shall be limited in time as warranted by the
circumstances. The Board shall grant the exemption only if
presented compelling evidence that the issuance of the license or
permit requires the provision of information that cannot be provided
through an online licensing or permitting process and that the
failure of the applicant to provide the information would create a
significant risk to the integrity of the license or permit. The
exemption provided for in this paragraph shall not apply to license
renewals pursuant to the Oklahoma Vehicle License and Registration
Act;
4. Providing ongoing oversight of implementation of the plan of
action developed by the Chief Information Officer pursuant to
Section 34.11.1 of this title and approving any amendments to the
plan of action;
5. Approving charges to state agencies established by the
Information Services Division pursuant to Section 35.5 of this title
for shared services as defined in Section 35.3 of this title;
6. Functioning in an advisory capacity to the Chief Information
Officer; and

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7. 5. Approving a plan by which public elementary and secondary
schools of the state may recover the cost of instructional
technology resources issued by the schools.
SECTION 8. AMENDATORY 62 O.S. 2021, Section 34.31, is
amended to read as follows:
Section 34.31. A. No state agency, as defined by Section 250.3
of Title 75 of the Oklahoma Statutes in subsection E of this
section, nor the Purchasing Division of the Office of Management and
Enterprise Services nor the Information Services Division of the
Office of Management and Enterprise Services, unless otherwise
provided by federal law, shall enter into a contract for the
acquisition of customized computer software developed or modified
exclusively for the agency or the state, unless the vendor agrees to
place into escrow with an independent third party the source code
for the software and/or modifications.
B. The vendor must agree to place the source code for the
software and any upgrades supplied to an agency in escrow with a
third party acceptable to the agency and to enter into a customary
source code escrow agreement which includes a provision that
entitles the agency to receive everything held in escrow upon the
occurrence of any of the following:
1. A bona fide material default of the obligations of the
vendor under the agreement with the agency;

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2. An assignment by the vendor for the benefit of its
creditors;
3. A failure by the vendor to pay, or an admission by the
vendor of its inability to pay, its debts as they mature;
4. The filing of a petition in bankruptcy by or against the
vendor when such petition is not dismissed within sixty (60) days of
the filing date;
5. The appointment of a receiver, liquidator or trustee
appointed for any substantial part of the vendor’s property;
6. The inability or unwillingness of the vendor to provide the
maintenance and support services in accordance with the agreement
with the agency; or
7. The ceasing of a vendor of maintenance and support of the
software.
The fees of any third-party escrow agent subject to this section
shall be borne by the vendor.
C. The State Purchasing Director or a procurement officer of a
state agency shall not process any state agency request for the
customization, modernization, or development of computer software
unless the proposed vendor provides documentation that complies with
subsections A and B of this section.
D. The State Purchasing Director shall provide advice and
assistance, as may be required, in order for state agencies to
comply with the provisions of this section.

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E. As used in this section:
1. “State agency” shall include all state agencies, whether
subject to The the Oklahoma Central Purchasing Act or not, except
the Oklahoma Lottery Commission; and
2. “Source code” means the programming instruction for a
computer program in its original form, created by a programmer with
a text editor or a visual programming tool and saved in a file.
SECTION 9. AMENDATORY 62 O.S. 2021, Section 34.32, as
amended by Section 25, Chapter 228, O.S.L. 2022 (62 O.S. Supp. 2024,
Section 34.32), is amended to read as follows:
Section 34.32. A. The Information Services Division of the
Office of Management and Enterprise Services shall create a standard
security risk assessment for state agency information technology
systems that complies with the International Organization for
Standardization (ISO) and the International Electrotechnical
Commission (IEC) Information Technology - Code of Practice for
Security Management Information security, cybersecurity and privacy
protection – Information security controls (ISO/IEC 27002).
B. Each state agency that has an information technology system
shall obtain an information security risk assessment to identify
vulnerabilities associated with the information system. The
Information Services Division of the Office of Management and
Enterprise Services shall approve not less than two firms which

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state agencies may choose from to conduct the information security
risk assessment.
C. A state agency with an information technology system that is
not consolidated under the Information Technology Consolidation and
Coordination Act or that is otherwise retained by the agency shall
additionally be required to have an information security audit
conducted by a firm approved by the Information Services Division
that is based upon the most current version of the NIST Cyber-
Security Cybersecurity Framework, and shall submit a final report of
the information security risk assessment and information security
audit findings to the Information Services Division each year on a
schedule set by the Information Services Division. Agencies shall
also submit a list of remedies and a timeline for the repair of any
deficiencies to the Information Services Division within ten (10)
days of the completion of the audit. The final information security
risk assessment report shall identify, prioritize, and document
information security vulnerabilities for each of the state agencies
assessed. The Information Services Division may assist agencies in
repairing any vulnerabilities to ensure compliance in a timely
manner.
D. Subject to the provisions of subsection C of Section 34.12
of this title, the Information Services Division shall report the
results of the state agency assessments and information security
audit findings required pursuant to this section to the Governor,

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the Speaker of the House of Representatives, and the President Pro
Tempore of the Senate by the first day of January of each year. Any
state agency with an information technology system that is not
consolidated under the Information Technology Consolidation and
Coordination Act that cannot comply with the provisions of this
section shall consolidate under the Information Technology
Consolidation and Coordination Act.
E. This section shall not apply to state agencies subject to
mandatory North American Electric Reliability Corporation (NERC)
cybersecurity standards and institutions within The Oklahoma State
System of Higher Education, the Social Security Disability
Determination Services Division of the State Department of
Rehabilitation Services, and the Oklahoma State Regents for Higher
Education and the telecommunications network known as OneNet that
follow the International Organization for Standardization (ISO), the
Oklahoma Military Department (OMD) of the State of Oklahoma, and the
International Electrotechnical Commission (IEC)-Security techniques-
Code of Practice for Information Security Controls Information
security, cybersecurity and privacy protection – Information
security controls or National Institute of Standards and Technology.
SECTION 10. AMENDATORY 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), is amended to read as follows:

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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, 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 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, 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 shall have authority and responsibility to promulgate rules

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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;
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 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

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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
competitiveness, fairness, compliance with the Oklahoma Central
Purchasing Act and Section 3001 et seq. of this title, which relates
to the State Use Committee Advisory Council. 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 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;

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11. Training by the State Purchasing Director of state agency
procurement officers;
12. Review and audit by the State Purchasing Director of state
agency acquisitions;
13. The conditions for increasing acquisition limits for state
agencies which have had a prior reduction in acquisition limit by
the Director of the Office of Management and Enterprise Services;
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;
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 this
state 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 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

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agency purchasing officials that demonstrate proficiency shall be
certified as “certified procurement officers” by the State
Purchasing Director and shall be authorized to make acquisitions
pursuant to provisions of the Oklahoma Central Purchasing Act and
associated rules. The State Purchasing Director 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
incurs to provide the training.
E. The State Purchasing Director 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 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
Advisory Council;
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;
5. A determination by the State Purchasing Director to reduce a
state agency’s acquisition authority amount when the state agency is
found not to be in compliance with the Oklahoma Central Purchasing

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Act or associated rules or requirements of the State Purchasing
Director pursuant to this section; and
6. A determination by the State Purchasing Director 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.
F. Based on written findings and when recommended by the State
Purchasing Director, the Director of the Office of Management and
Enterprise Services may:
1. Transmit written findings by the State Purchasing Director
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 State
Purchasing Director that the Director of the Office of Management
and Enterprise Services reasonably believes 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.
G. 1. Pursuant to the requirements of the Oklahoma Central
Purchasing Act, the State Purchasing Director shall have authority
to enter into any statewide, multistate or multigovernmental
contract. The state entity designated by law, as specified in

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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.
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 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 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 may authorize renegotiation of an existing
contract with an incumbent supplier for the purposes of obtaining
more favorable terms for the state.
5. The State Purchasing Director 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

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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 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 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 or other similar test shall not be considered
an acquisition subject to the Oklahoma Central Purchasing Act.
2. The State Purchasing Director 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.

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I. The State Purchasing Director 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 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;
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 through training programs, management
seminars, development of benchmarks and key management indicators,
and development of standard provisions, clauses and forms;

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6. The State Purchasing Director shall prescribe standardized
contract forms and all other forms or certifications requisite or
deemed necessary by the State Purchasing Director 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
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 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 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.

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M. On an annual basis, the State Purchasing Director 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.
N. The acquisition threshold amount applicable to an
acquisition made pursuant to this act the Oklahoma Central
Purchasing Act or associated rules shall not apply to state agency
purchases; provided, the State Purchasing Director 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 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

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

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the Oklahoma Statutes. If the State Purchasing Director determines
that a contractor or subcontractor has knowingly submitted a false
affidavit:
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 Office of Management and
Enterprise Services may terminate the contract with the contractor
or subcontractor.
SECTION 11. REPEALER 62 O.S. 2021, Sections 34.11.8,
34.12, as amended by Section 2, Chapter 74, O.S.L. 2022, 34.13,
34.15, 34.19, 34.20, 34.21, 34.22, 34.26, 34.28, 34.30, 34.33, 35.1,
35.2, 35.3, 35.4, 35.5, 35.6, 35.6.1, 35.6.2, 35.7, 35.8, and 35.9
(62 O.S. Supp. 2024, Section 34.12), are hereby repealed.
SECTION 12. This act shall become effective July 1, 2025.
SECTION 13. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.

60-1-1632 RD 2/17/2025 9:58:40 AM