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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1962 By: Bullard
AS INTRODUCED
An Act relating to the Oklahoma Central Purchasing
Act; amending 74 O.S. 2021, Sections 85.3A, as
amended by Section 53, Chapter 228, O.S.L. 2022,
85.5, as amended by Section 1, Chapter 102, O.S.L.
2024, and 85.12, as amended by Section 2, Chapter
339, O.S.L. 2023 (74 O.S. Supp. 2025, Sections 85.3A,
85.5, and 85.12), which relate to exempted entities
and acquisitions from the Oklahoma Central Purchasing
Act and the powers and duties of the State Purchasing
Director; requiring entities to submit evidence to
the State Purchasing Director to continue receiving
exemptions from the Oklahoma Central Purchasing Act;
authorizing the State Purchasing Director to examine
and approve exemptions for entities; requiring
approval of the Legislature; updating statutory
language; updating statutory references; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 85.3A, as
amended by Section 53, Chapter 228, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 85.3A), is amended to read as follows:
Section 85.3A. A. Compliance On and after the effective date
of this act, compliance with the provisions of the Oklahoma Central
Purchasing Act shall not be required of:
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1. County government;
2. The Oklahoma State Regents for Higher Education, the
institutions, centers or other constituent agencies of The Oklahoma
State System of Higher Education;
3. The telecommunications network known as OneNet;
4. The Department of Public Safety gun range;
5. The State Treasurer for the following purchases:
a. services including, but not limited to, legal services
to assist in the administration of the Uniform
Unclaimed Property Act, as provided in Section 668 of
Title 60 of the Oklahoma Statutes, and
b. software, hardware and associated services to assist
in the administration of funds and securities held by
the state, as provided in Section 71.2 of Title 62 of
the Oklahoma Statutes;
6. Statutorily allowed interagency agreements between state
agencies;
7. The Oklahoma Department of Veterans Affairs, in accordance
with Section 63.22 of Title 72 of the Oklahoma Statutes;
8. The Oklahoma Military Department for the purchases of
heraldry items including, but limited to, medals, badges and other
military accoutrements;
9. A transaction, wholly funded by monies other than state-
derived funds, in which a state agency functions only as a pass-
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through conduit to fund an acquisition that is required by the
funding source for the benefit of another entity or individuals and
the state agency does not retain ownership of any part of the
acquisition as a result of the transaction; or
10. The Secretary of State when selecting a vendor for
publication of the Oklahoma Statutes in accordance with Section 13
of Title 75 of the Oklahoma Statutes. entities approved by the State
Purchasing Director each fiscal year as authorized in subsection Q
of Section 85.5 of this title.
B. The Legislature shall adopt a joint resolution approving or
disapproving all or any part of a rule associated with the entities
exempted pursuant to subsection A of this section.
C. The State Purchasing Director may form an advisory committee
consisting of representatives from entities exempted from the
provisions of the Oklahoma Central Purchasing Act. The purpose of
the committee shall be to allow committee members to provide input
into the development of shared state purchasing contracts,
collaboratively participate in the integration of their purchasing
platforms or electronic purchasing catalogs, analyze solutions that
may be used by state government to meet the purchasing needs of the
entities, explore joint purchases of general use items that result
in mutual procurement of quality goods and services at the lowest
reasonable cost and explore flexibility, administrative relief and
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transformation changes through utilization of procurement
technology.
C. D. At the invitation of the State Purchasing Director,
entities exempted from the provisions of the Oklahoma Central
Purchasing Act shall participate in the advisory committee
referenced in subsection B C of this section.
D. E. The State Purchasing Director may invite representatives
of political subdivisions, and local common education entities to
participate as members of the advisory committee.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 85.5, as
amended by Section 1, Chapter 102, O.S.L. 2024 (74 O.S. Supp. 2025,
Section 85.5), is amended to read as follows:
Section 85.5. A. Except as otherwise provided in this section,
the State Purchasing Director, under the supervision of the Director
of the Office of Management and Enterprise Services, 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
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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
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
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an open account basis, and the conditions and manner of negotiating
such contracts;
5. Obtaining acquisitions produced by state institutions;
6. Conditions under which any of the rules herein authorized
may be waived;
7. The amounts of and deposits on any bond or other surety
required to be submitted with a bid or contract for the furnishing
of acquisitions and the conditions under which such bond or other
surety shall be required;
8. The manner and conditions of delivery, which shall include
the designation of the common carrier of property to be used to
transport acquisitions whenever a common carrier is used, and the
acceptance, or rejection, including check of quantities, of any
acquisitions;
9. The form of any estimate, order or other information
required in connection with an acquisition;
10. State agency acquisitions not exceeding the acquisition
threshold amount requiring competitive bid to ensure
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
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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;
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;
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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
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;
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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
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,
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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
Section 1010.3 4002.3b 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
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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
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
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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.
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;
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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 post-award 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;
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;
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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.
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.
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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, and the agency possesses
the necessary legal and procurement staff to procure and monitor the
contracts and; provided further, 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, and all costs
connected with or incurred as a result of the
contract, including legal representation,
b. comply with rules and policies of the Office of
Management and Enterprise Services, and
c. report contracts issued pursuant to this subsection to
the Purchasing Division of the Office of Management
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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
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
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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.
Q. On and after the effective date of this act, the State
Purchasing Director, under the supervision of the Director of the
Office of Management and Enterprise Services, shall require all
entities receiving exemptions from the Oklahoma Central Purchasing
Act as provided in Sections 85.3A and 85.12 of this title to submit
evidence to the State Purchasing Director each fiscal year that an
exception reduced costs and increased efficiency for the effected
entity. Upon approval by the State Purchasing Director and the
Legislature, as provided in Sections 85.3A and 85.12 of this title,
entities may receive exemptions from the Oklahoma Central Purchasing
Act.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 85.12, as
amended by Section 2, Chapter 339, O.S.L. 2023 (74 O.S. Supp. 2025,
Section 85.12), is amended to read as follows:
Section 85.12. A. The provisions of this section shall not be
construed to affect any law relating to fiscal or accounting
procedure except as they may be directly in conflict herewith; and
all claims, warrants, and bonds shall be examined, inspected, and
approved as now provided by law.
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B. Except as otherwise provided by this section, the On and
after the effective date of this act, entities approved by the State
Purchasing Director each fiscal year as authorized in subsection Q
of Section 85.5 of this title may make acquisitions specified in
this subsection shall be made in compliance with Section 85.39 of
this title and purchasing card program requirements but are not be
subject to other provisions of the Oklahoma Central Purchasing Act:
1. Food and other products produced by state institutions and
agencies;
2. The printing or duplication of publications or forms of
whatsoever kind or character by state agencies if the work is
performed upon their own equipment by their own employees. Pursuant
to this paragraph, the state agency may only use equipment owned or
leased by the agency and may only utilize that equipment for
printing services required by the agency in performing duties
imposed upon the agency or functions authorized to be performed by
the agency. Any use of the equipment by the agency pursuant to an
agreement or contract with any other entity resulting in delivery of
intermediate or finished products to the entity purchasing or using
the products shall be subject to the provisions of the Oklahoma
Central Purchasing Act and associated rules;
3. Department of Transportation and Transportation Commission
contractual services or right-of-way acquisitions, contracts awarded
pursuant to bids let by the Transportation Commission for the
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maintenance or construction of streets, roads, highways, bridges,
underpasses or any other transportation facilities under the control
of the Department of Transportation, equipment or material
acquisitions accruing to the Department of Transportation required
in federal aid contracts and acquisitions for public-service-type
announcements initiated by the Department of Transportation, but not
acquisitions for advertising, public relations or employment
services;
4. Utility services regulated by a state or federal regulatory
commission, municipal ordinance or an Indian Tribal Council;
5. Acquisitions by the University Hospitals Authority. The
Authority shall develop standards for the acquisition of products
and services and may elect to utilize the Purchasing Division. The
standards shall foster economy and short response time and shall
include appropriate safeguards and record-keeping requirements to
ensure appropriate competition and economical and efficient
purchasing;
6. Custom harvesting by the Department of Corrections for the
Department or its institutions;
7. Subject to prior approval of the State Purchasing Director,
acquisitions from private prison suppliers which are subject to the
contracting procedures of Section 561 of Title 57 of the Oklahoma
Statutes;
8. Acquisitions by the Oklahoma Municipal Power Authority;
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9. Acquisitions by the Grand River Dam Authority;
10. Acquisitions by rural water, sewer, gas or solid waste
management districts created pursuant to the Rural Water, Sewer, Gas
and Solid Waste Management Districts Act;
11. Acquisitions by the Oklahoma Ordnance Works Authority, the
Northeast Oklahoma Public Facilities Authority or the Midwestern
Oklahoma Development Authority;
12. Expenditure of monies appropriated to the State Board of
Education for local and state-supported financial support of public
schools, except monies allocated therefrom for the Administrative
and Support Functions of the State Department of Education;
13. Expenditure of monies appropriated to the State Department
of Rehabilitation Services for educational programs or educational
materials for the Oklahoma School for the Blind and the Oklahoma
School for the Deaf;
14. Contracts entered into by the Oklahoma Department of Career
and Technology Education for the development, revision or updating
of vocational curriculum materials, and contracts entered into by
the Oklahoma Department of Career and Technology Education for
training and supportive services that address the needs of new or
expanding industries;
15. Contracts entered into by the Oklahoma Center for the
Advancement of Science and Technology for professional services;
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16. Contracts entered into by the Oklahoma Department of
Commerce pursuant to the provisions of Section 5066.4 of this title;
17. Acquisitions made by the Oklahoma Historical Society from
monies used to administer the White Hair Memorial;
18. Purchases of pharmaceuticals available through a multistate
or multigovernmental contract if such pharmaceuticals are or have
been on state contract within the last fiscal year, and the terms of
such contract are more favorable to the state or agency than the
terms of a state contract for the same products, as determined by
the State Purchasing Director. The state entity designated by law,
as specified in Section 1010.3 of Title 56 of the Oklahoma Statutes,
shall participate in the purchase of pharmaceuticals available
through such contracts;
19. Contracts for managed health care services entered into by
the state entity designated by law or the Department of Human
Services, as specified in paragraph 1 of subsection A of Section
1010.3 of Title 56 of the Oklahoma Statutes;
20. Acquisitions by a state agency through a General Services
Administration contract or other federal contract if the
acquisitions are not on current statewide contract or the terms of
the federal contract are more favorable to the agency than the terms
of a statewide contract for the same products;
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21. Acquisitions of clothing for clients of the Department of
Human Services and acquisitions of food for group homes operated by
the Department of Human Services;
22. Acquisitions by the Oklahoma Energy Resources Board;
23. Acquisitions of clothing for juveniles in the custody of
the Office of Juvenile Affairs and acquisitions of food for group
homes operated by the Office of Juvenile Affairs;
24. State contracts for flexible benefits plans pursuant to the
Oklahoma State Employees Benefits Act, Section 1361 et seq. of this
title;
25. Acquisitions by the Oklahoma Department of Securities to
investigate, initiate, or pursue administrative, civil or criminal
proceedings involving potential violations of the acts under the
Department’s jurisdiction and acquisitions by the Oklahoma
Department of Securities for its investor education program;
26. Acquisitions for resale in and through canteens operated
pursuant to Section 537 of Title 57 of the Oklahoma Statutes and
canteens established at an institution or facility operated by the
Office of Juvenile Affairs;
27. Acquisitions by the Oklahoma Boll Weevil Eradication
Organization for employment and personnel services, and for
acquiring sprayers, blowers, traps and attractants related to the
eradication of boll weevils in this state or as part of a national
or regional boll weevil eradication program;
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28. Contracts entered into by the Oklahoma Indigent Defense
System for expert services pursuant to the provisions of subsection
D of Section 1355.4 of Title 22 of the Oklahoma Statutes;
29. Acquisitions by the Oklahoma Correctional Industries and
the Agri-Services programs of the Department of Corrections of raw
materials, component parts and other products, any equipment
excluding vehicles, and any services excluding computer consultant
services used to produce goods or services for resale and for the
production of agricultural products;
30. Contracts entered into by the Department of Human Services
for provision of supported living services to members of the
plaintiff class in Homeward Bound, Inc., et al. v. The Hissom
Memorial Center, et al., Case Number 85-C-437-E, United States
District Court for the Northern District of Oklahoma;
31. Contracts negotiated by the Office of Juvenile Affairs with
designated Youth Services Agencies and the Oklahoma Association of
Youth Services, or another Oklahoma nonprofit corporation whose
membership consists solely of Youth Services Agencies and of whom at
least a majority of Youth Services Agencies are members, pursuant to
the provisions of Section 2-7-306 of Title 10A of the Oklahoma
Statutes and contracts entered into by the Department of Human
Services pursuant to Section 1-9-110 of Title 10A of the Oklahoma
Statutes with designated Youth Services Agencies;
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32. Contracts for annuities for structured settlements provided
for in Section 158 of Title 51 of the Oklahoma Statutes;
33. Subject to subsection E of this section, purchases made
from funds received by local offices administered by the Department
of Human Services or administered by the Office of Juvenile Affairs
for fund-raising activities and donations for the benefit of clients
and potential clients at the local offices where such purchases may
not otherwise be paid for from appropriated funds;
34. Acquisitions by the Oklahoma Historical Society for
restoration of historical sites and museums although the agency may
elect to utilize the Purchasing Division for an acquisition with
supplier and bid selection being the prerogative of the agency,
based on the supplier’s documented qualifications and experience;
and
35. Acquisitions of clothing and food for patients in the care
of the J.D. McCarty Center for Children with Developmental
Disabilities.
C. Pursuant to the terms of a contract the State Purchasing
Director enters into or awards, a state agency, common school,
municipality, rural fire protection district, county officer or any
program contract, purchase, acquisition or expenditure that is not
subject to the provisions of the Oklahoma Central Purchasing Act,
may, unless acting pursuant to a contract with the state that
specifies otherwise, make use of statewide contracts and the
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services of the Purchasing Division and the State Purchasing
Director. Any political subdivision or rural fire protection
district may designate the State Purchasing Director as its agent
for any acquisition from a statewide contract or otherwise available
to the state.
D. The State Purchasing Director shall review and audit all the
purchasing procedures of acquisitions listed in subsection B of this
section to ensure that the procedures are being followed. Nothing
in this section shall be construed to authorize bid splitting as
prohibited by the Oklahoma Central Purchasing Act.
E. With respect to the Department of Human Services or the
Office of Juvenile Affairs, as applicable, monies received by
fundraising activities or donations from the local office, vending
operations administered by employees of the agency and all other
nonrestricted cash and cash-equivalent items received by employees
of the agency shall be deposited in the agency special account
established for this purpose. The deposits shall be made at local
banking institutions approved by the State Treasurer.
F. With respect to the Oklahoma Tourism and Recreation
Department, no exemption provided in this section shall be construed
for the use of leasing or contracting for state-owned restaurants in
Oklahoma state parks. The Department shall not be required to
purchase furniture, fixtures, equipment, and soft goods associated
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with decor of the state parks, lodges, golf courses, and tourism
information centers from Oklahoma prisons or reformatories.
Additionally, the Department shall not be required to make
purchases pursuant to a statewide contract for materials, supplies,
and services necessary for the efficient and economical operation of
revenue-generating, Department-operated facilities, including those
made to maintain or improve guest perception of quality and service;
provided, that the State Purchasing Director shall review and audit
all uses of the exemptions provided in this subsection biannually
The Legislature shall adopt a joint resolution approving or
disapproving all or any part of a rule associated with the entities
exempted pursuant to subsection B of this section.
SECTION 4. This act shall become effective July 1, 2026.
SECTION 5. 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.
60-2-2214 MSBB 1/15/2026 9:15:06 AM