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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2365 By: Burns and Bell of the House
and
Coleman of the Senate
[ state government - creating the Oklahoma Supplier
Diversity Initiative - effective date ]
AUTHOR: Add the following House Coauthor: Pittman
AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
and entire bill and insert
”An Act relating to state government; creating the
Oklahoma Supplier Diversity Initiative; providing for
registration for certain notifica tions; allowing 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 pro cess, 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:
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SECTION 1. NEW LAW A n ew 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 created the “Oklahoma Supplier Diversity
Initiative”, which shall be a sta te-sponsored supplier diversity
program to provide a resource for state agencies and private
businesses to utilize diverse firms in procurement opportunities to
encourage growth in the economy of the state. The program shall
provide convenience for qualif ied 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 enterprises 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:
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1. An Oklahoma Department of Transportation Disadvantaged
Business Enterprise;
2. Any of the following entities certified by the United States
Small Business Administrat ion:
a. Woman-Owned Small Business,
b. Minority-Business Enterprise,
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 off and size standard information; and
2. Create a search tool for all state agencies and public or
private entities to utilize to obtain contact information for
diverse firms for the purpose of promoting procurement opportunities
within the state.
F. On or before September 1 of each yea r, the State Purchasing
Director shall submit a report to the Governor, the Speaker of the
House of Representatives and the President Pro Tempore of the Senate
on the status of the percentile of state funds expended on contracts
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awarded to a certified Okla homa Department of Transportation
Disadvantaged Business Enterprise and all of the entit ies certified
by the United States Small Business Administration mentioned in
subsection D of this section in the preceding fiscal year. The
report may include related economic impacts when applicable. The
report, statistics or other information concerning the participation
in the program shall be retained by the Office of Management and
Enterprise Services.
G. The Oklahoma Department of Commerce shall promulgate rule s
to create and administer the Oklahoma Supplier Diversity Initiative.
SECTION 2. This act shall become effective November 1, 2021. ”
Passed the Senate the 21st day of April, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2365 By: Burns and Bell of the House
and
Coleman of the Senate
[ state government - creating the Oklahoma Supplier
Diversity Initiative - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. 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 created the "Oklahoma Supplier Diversity
Initiative", which shall be a state -sponsored supplier diversity
program to provide a resource for state agencies and private
businesses to utilize diverse firms in procurement 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.
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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 s implified 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 enterpr ises for the State of Oklahoma. In
addition, the program shall authorize third -party diversity
certifications under the U .S. Department of Transportation, United
States Small Business Administration and other approved third -party
certifications as determi ned appropriate to meet qualifications.
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 follow ing:
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,
c. Small Disadvantaged Business ,
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d. Service-disabled Veteran-Owned Small Business ,
e. HUBZone, and
f. 8(a) Business Development Program;
3. A Native American-owned Business;
4. A Veteran-owned Business; and
5. A Certified HUBZone Small Business Concern by the Unit ed
States Small Business Administration.
E. The Department shall:
1. Amend the vendor registration process to require diversity
certification check off and size standard information;
2. Create a search tool for all state agencies and public or
private entities to utilize to obtain contact information for
diverse firms for the purpose of promoting procurement opportunities
within the State of Oklahoma; and
3. Develop a supplier-diversity-inclusion index to measure
utilization of certified firms and relat ed economic impact to the
State of Oklahoma 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 President Pro Tempore of the Senate
on the status of the percentile of state funds expended on contracts
awarded to minority businesses in the preceding fiscal year and
provide any report, statistics 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 shall promulgate rules
to create and administer the Oklahoma Supplier Diversity Initiative.
SECTION 4. This act shall become effecti ve November 1, 2021.
Passed the House of Representatives the 10th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate