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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3274 By: Mize
AS INTRODUCED
An Act relating to counties and county officers;
amending 19 O.S. 2021, Section 445, which relates to
reports made by county clerk; modifyi ng content of
report; amending 19 O.S. 2021, Section 1505, which
relates to county bid procedure; permitt ing
publication on county webs ite; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 445, is
amended to read as follows :
Section 445. It shall be the duty of the county clerk to make
out a complete report of the proceedings of each regular and special
meeting of the board. Included in su ch report shall be the purpose
of any warrant that is approved for payment at such meeting. The
county clerk shall transmit the report to the publishers of the
newspaper selected by the board to publish such proceedings. The
report may include a complete listing of all claims approved for
payment by the board of county commissioners including the purchase
order or warrant number, payee, purpose and amount of the claim , or
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a total amount of all claims approve d by the board of county
commissioners for payment with the statement that all detailed
information for each approved claim is available in the office of
the county clerk for public inspection. The report shall be made
out and transmitted by the clerk upon the app roval of the board of
county commissioners at its next regularly scheduled meeting, or no
later than ten (10) days from the time the proceedings were had.
SECTION 2. AMENDATORY 19 O.S. 2021, Section 1505, is
amended to read as follows :
Section 1505. The following proced ures shall be used by
counties for the requisition, purchase, lease -purchase, rental, and
receipt of supplies, materials, road and bridge construction
services, equipment an d information technology and telecommunication
goods and services for the maintenan ce, 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 In spector;
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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. N othing in this
section shall prohibit the transfer of supplies, materials, or
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 sha ll 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 recommen dations and available
requisition, purchase, or inventory records, the county purch asing
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 Inf ormation Services Division in the
case of information technology and telecommunicat ion goods and
services of the Office of Management and Enterprise Services all
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contracts quoting the price the state is paying for the items. The
county purchasing agent sh all 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 p aragraph 2 of 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 coun ty
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 agen t 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;
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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 or
published on a county website. Notices shall be mailed and
published at least ten (10) days prior to the date on which the bids
are opened. Proof of the mailing or emailing shall be made by the
affidavit of the person maili ng or emailing the request for bids and
shall be made a part of the official records of the county
purchasing agent. Whenever any prospective supplier or vendor
dealing in or listing for sale any particular item or article
required to be purchased or acqu ired 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 th e state contract
price received from the applicabl e 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;
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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 an d
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 boar d 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 r eason for
such conclusion shall be recorded. When ever 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 sta ted 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 purcha sing agent may make
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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 cont ract, the
county purchasing agent may make a one -time purchase from the next
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) a s the amount specified in
subparagraph a of paragr aph 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 wil ling 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 pri ce
for a reduced period, the purchasing agent shal l
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 suc h
goods or services. The quotes shall be recorded on a
form prescribed by the State Auditor and Inspector and
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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 consider ed to be the
lowest and best quote, the reason for this conclusion
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 ag ent 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 cle rk's copy
of the purchase order and file both in t he 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 informa tion technology and
telecommunication goods and se rvices 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;
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2. The county clerk shall then encumber the amount stated on
the purchase order and assign a sequential number to the purchase
order;
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 purch ase 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,
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and submit the other copy to the receiving officer of the request ing
department.
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 a nd assign a sequential number
to the purchase orde r,
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 des ignated 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. "
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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 agen t 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, mater ials 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 as follows:
a. the purchasing agent shall cause such i tems being sold
to be appraised in the manner dete rmined in Section
421.1 of this title,
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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,
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 t o 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
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f. a purchase shall not be bid until such time that the
appraised item or items are sold. Any item o r items
purchased shall not exceed the appraised value plus
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 purch ase 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 ladin g, 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;
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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
b. a copy of the receiving report with the delivery
documentation to the county clerk;
7. The county purchasing agent shal l 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, an d
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.
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The documents shall be available for public inspection during
regular business hours; and
11. If the documents conform as to the quantity and quality of
the items, the county clerk shall prepare a warran t 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 cou nty
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 boar d 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
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filing shall be deemed to have been disallowed, but such
disallowance shall not prevent the refiling of the pur chase 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 makin g the claim, such
allowance shall be a full settle ment 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 equipm ent shall be as follows:
1. For consumable road o r 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 prep ared and kept
electronically by the consuming depa rtment. 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 comm issioners 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 sub mitted by the
officer on a form prescribed by the State Auditor and Inspector's
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Office to the board of county commissioners. The approval of the
resolution of disposal shall be entered into the minutes of the
board.
H. Inventory forms and reports shall b e retained for not less
than two (2) years after a ll 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 sec tion shall not apply
when a county officer certifi es 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 purchasin g agent a written explanation
of the emergency. T he 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 orde r 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 purc hase 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. Purch ase
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cardholders shall sign a purchase card agreeme nt 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 pu blished
through the state transparency portal purs uant 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 tw elve-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. This act shall become ef fective November 1, 2022.
58-2-9285 MJ 01/07/22