An Act
ENROLLED HOUSE
BILL NO. 2365 By: Burns, Bell, Pittman and
Goodwin 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 notificat ions; 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 proc ess and
create a search tool; providing for submission of
report; requiring promulgation of rules; providing
for codification; and providing an effective date.
SUBJECT: State government
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 created the "Oklahoma Supplier Diver sity
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 progra m shall
provide convenience for qualified and certified small business
enterprises and minority business enterprises in contracting
projects in underserved areas.
ENR. H. B. NO. 2365 Page 2
B. The program shall allow diverse business enterprises to
register with the Office of Mana gement 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 shal l 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, a n 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 t he United States
Small Business Administration:
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
ENR. H. B. NO. 2365 Page 3
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 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 a certified Oklahoma 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 rules
to create and administer the Oklahoma Supplier Diversity Initiative.
SECTION 2. This act shall become effective November 1, 2021.
ENR. H. B. NO. 2365 Page 4
Passed the House of Representatives the 6th day of May, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 21st day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________