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SENATE FLOOR VERSION
April 8, 2021
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 2365 By: Burns, Bell and Pittman of
the House
and
Coleman of the Senate
An Act relating to state government; creating the
Oklahoma Supplier Diversity Initiative; providing for
registration for certain notifications; allo wing for
quotes for select purchases; authorizing Oklahoma
Department of Commerce to develop a diversity
certification program; providing for qualifications;
directing Office of Management and Enterprise
Services to amend vendor registration process, create
a search tool and develop certain index; providing
for submission of report ; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 85.45j.11 of Title 74, unless
there is created a duplication in numbering, reads as follows:
A. There is hereby crea ted the "Oklahoma Supplier Diversity
Initiative", which shall be a state -sponsored supplier diversity
program to provide a resource for state agencies and private
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businesses to utilize diverse firms in pr ocurement opportunities to
encourage growth in the economy of the state. The program shall
provide convenience for qualified and certified small business
enterprises and minority business enterprises in contracting
projects in underserved areas.
B. The program shall allow diverse business enterprises to
register with the Office of Management and Enterprise Services and
allow registered vendors to be automatically notified of
opportunities to do business with the state for specific
commodities. The program shall provide for simplified vendor
registration processes.
C. The program shall authorize the Oklahoma Department of
Commerce to develop a diversity certification program to qualify and
certify diverse business ent erprises for the state.
D. To qualify for the program, businesses shall have less than
five hundred total employees, an annual revenue equal to or less
than Twenty-five Million Dollars ($25,000,000.00) and be certified
as one of the following:
1. An Oklahoma Department of Transportation Disadvantaged
Business Enterprise;
2. Any of the following entities certified by the United States
Small Business Administration :
a. Woman-Owned Small Business ,
b. Minority-Business Enterprise,
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c. Small Disadvantaged Business,
d. Service-disabled Veteran-Owned Small Business ,
e. HUBZone Small Business Concern, and
f. 8(a) Business Development Program;
3. A Native American-owned Business; or
4. A Veteran-owned Business.
E. The Central Purchasing Division of the Office of Management
and Enterprise Services shall :
1. Amend the vendor registration process to require diversity
certification check of f and size standard information;
2. Create a search tool for all state agencies and public or
private entities to u tilize to obtain contact information for
diverse firms for the purpose of promoting procurement o pportunities
within the state; and
3. Develop a supplier-diversity-inclusion index to measure
utilization of certified firms and related economic impact to the
state within one (1) year of authorization of the program .
F. On or before September 1 of each year, the State Purchasing
Director shall submit a report to the Governor, the Speaker of the
House of Representatives and the Preside nt Pro Tempore of the Senate
on the status of the percentile of state funds expended on contracts
awarded to minority business es in the preceding fiscal year and
provide any report, statistic s or other information concerning the
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participation in the program to the Office of Management and
Enterprise Services.
G. The Oklahoma Department of Commerce sh all promulgate rules
to create and administer the Oklahoma Supplier Diversity Initiative.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
April 8, 2021 - DO PASS AS AMENDED