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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3344 By: Sims
COMMITTEE SUBSTITUTE
An Act relating to counties and county officers;
amending 19 O.S. 2021, Section 1501, which relates to
duties of county purchasing agent; m odifying dollar
amount; adding requirements for heavy equipment
repairs; amending 19 O.S. Sect ion 1502, which relates
to inventory system for county supplies, materials,
and equipment; modifying inventory threshold;
amending 19 O.S. 2021, Section 1505 , which relates to
procedure for requisition, purchase, and rental of
supplies, materials and equipment; directing that
counties specify in notice of what bids shall be
received; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 1501, is
amended to read as follows :
Section 1501. A. The county purchasing agent:
1. Shall, within the amount of the unencumbered balance, make
all purchases that are paid from county funds for the various
institutions, departments, officers, and employees of the county,
except at public auction s and as otherwise provided for by law;
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2. May make purchases for politi cal subdivisions of this state
within the county if authorized b y appropriate action of the
governing board or body of the political subdivision affected;
3. Shall make purchases and rental or lease-purchase agreements
only after following the bidding pro cedures as provided for by law,
except:
a. when the purchase doe s not exceed Twenty-five Thousand
Dollars ($25,000.00) by department. All purchases
made pursuant to this subparagraph shall be by a
single purchase order. Splitting purchase orders
which would result in paying an amount in excess of
the limitations spec ified in this subparagraph is
expressly prohibited. Any person convicted of
violating the provisions of this subparagr aph shall be
guilty of a misdemeanor and such person shall forfeit
the person's position or office,
b. when the total payments of a renta l or lease-purchase
agreement do not exceed the current bid limit as
established in subparagraph a of this paragraph,
c. when articles and items are covered by single -source
contracts,
d. service or maintenance contracts on equipment or
machinery which are entered into at the time of the
purchase of the equipment or machinery,
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e. purchases made pursuant to a blanket purcha se order as
provided for in Section 310.8 of Title 62 of the
Oklahoma Statutes,
f. when materials for road or bridge improvements do not
exceed Seven Dollars ($7.00) per yard or per ton,
g. purchases of fuel if the county purchasing agent
obtains quotes from at least three vendors prior to
the purchase and the lowest and best q uote is
selected. Documentation of these quotes shall be
recorded in the permanent records of t he clerk,
h. purchases of tools, apparatus, machinery or equipment
from a state agency or a political subdivision of the
state as provided for in subsection C o f Section 421.1
of this title,
i. purchases of food for prisoner s incarcerated in the
county jail; provided, in counties having a population
in excess of one hundred thousand (100,000 ) persons,
the county purchasing agent shall follow bidding
procedures as provided by law unless the county
purchasing agent obtains quot es pursuant to the whole
total of food items requisitioned prior to the
purchase and the lowest and best quote is selec ted.
Documentation of these quotes shall be recorded in the
permanent records of the county clerk,
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j. when a county solicits bids for th e purchase of
processed native materials for road and bridge
improvements, the county may accept all bids received,
with the lowest and best bid from those accepted to be
selected at the time of opening of any construction
project. The selection of the bi d shall be based upon
availability, bid price, plus transportation costs,
k. when a vendor has been selected as the low est and best
bidder to furnish a particular item or items to the
county during a specified time period and in the event
the vendor is unable to perform, the purchasing a gent
may solicit telephone quotes for the item or items
needed from the list of qualifi ed bidders and provide
for the purchase of the items at the lowest and be st
quote available,
l. when considering the purchase of an item or items from
the state bid list as provided by the Office of
Management and Enterprise Services or the General
Services Administration, if the same exact item is
available from a local vendor at or below the price
listed on the state bid list or the Gener al Services
Administration list, the item may be obtained from the
vendor,
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m. any item or items bid by the Office of Ma nagement and
Enterprise Services which may be purchased by the
county, provided the vendor is willing to supply the
item or items to the county at the bid price,
n. when a county obtains proceeds from the sale of its
property at a public auction, that coun ty may use
those proceeds to acquire items previously identified
as needed by the county at the same public auction
pursuant to subsectio n D of Section 1505 of this
title,
o. when an item or items have been competitively bid by a
county, or on behalf of a group of counties, provided:
(1) the notice to bidders shall list each co unty
which may participate in the purchase of the item
or items being bid,
(2) the notice of bid is advertised, as provided by
law, in each of the counties which may
participate in the purchase of the item or items,
(3) all vendors on the list of qualified bidders of
each participating county who offer the item or
items for sale received notice of th e bid
request, and
(4) the vendor awarded the bid is willing and able to
provide the item or items at the bid price,
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p. counties may participate in a nationwide purchasing
program sponsored by the national association
representing counties and local cooper ative
procurement agreements entered into by the counties
and other local jurisdictions or any other
competitively bid nationwide purchasing program, or
q. when the Governor declares an emergency in a county,
the district attorney of that county shall have the
authority to temporarily waive competitive bidding
procedures for purchases that m ay expedite a response
to the emergency situation. This temporary waiver
shall be in addition to any powers exercised pursuant
to Section 683.11 of Title 63 of the Okla homa
Statutes.
The purchases shall be paid by attaching properly itemized
invoices, as described in Section 1505 of this title, to a purchase
order which has been prepared by the county purchasing agent and
submitting both to the county clerk for filing, e ncumbering, and
consideration for payment by the board of county commissioners;
4. Shall not furnish any supplies, materials, equipment, or
other articles, except upon receipt of a requisition signed by a
county officer. Written requisitions will not be required for
blanket purchase orders as provided for in Section 310.8 of Title 62
of the Oklahoma Statutes. Each county officer may designate not
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more than two employees who also shall be authorized to sign
requisitions in the absence of the county office r. A written
designation of the employees shall be filed with the county clerk
and shall be entered in the minutes of the board of county
commissioners. The c ounty may designate two individuals who are not
county employees for each of the following entit ies within the
county to act as receiving and requisitioning officers:
a. fire protection districts organized and operated
pursuant to the provisions of Section s 901.1 through
901.29 of this title,
b. fire protection service s established pursuant to the
provisions of Section 351 of this title,
c. volunteer or full-time fire departments estab lished
pursuant to Section 592 of Title 18 of the Oklahoma
Statutes, and
d. municipal fire departments organized and operated
pursuant to the provisions of Sections 29 -101 through
29-108 and Sections 29-201 through 29-204 of Title 11
of the Oklahoma Statut es.
A written designation of these individuals shall be filed with
the county clerk and shall be entered in the minutes of the board of
county commissioners meeting in w hich the designations are made.
Further, entities described in subparagraphs a, b, c a nd d of this
paragraph, choosing to have any nonemployee of the county de signated
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as a receiving and requisitioning officer shall provide evidence of
blanket bond coverage or employee dishonesty liability insurance for
each such designee;
5. Shall make lease or lease-purchase agreements for road
machinery and equipment if the county has adequate funds
appropriated during any fiscal year fo r such purpose and only after
following the bidding procedures as provided for in Section 1505 of
this title. The term of any lease or lease-purchase agreement
authorized pursuant to this par agraph may be for any period up to
one (1) year; provided, the t erm shall not extend beyond the end of
any fiscal year, with an option to renew such agreement subject to
the requirement that adequate funds are appropriated during the
fiscal year by the cou nty for such purpose. The State Auditor and
Inspector's office shall be notified by the county of the terms and
conditions of a lease or lease -purchase agreement authorized
pursuant to this paragraph before any such agreement is made by the
county purchasing agent; and
6. Shall perform such other duties as may be del egated by the
appointing authority or as may be provided for by law.
B. Each department of county government needing r epairs to
equipment, machinery or vehicles shall make estimates and
requisition a purchase order from the county purchasing agent for
repairs not in excess of Ten Thousand Dollars ($10,000.00). Repairs
in excess of Ten Thousand Dollars ($10,000.00) shall be submitted on
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a blanket purchase order as provided in Section 310.8 of Title 62 of
the Oklahoma Statutes.
C. Each department of county government needing repairs to
heavy equipment, meaning equipment in excess of ten thousand
(10,000) pounds, shall make estimates and requisition a purchase
order from the county purchasing agent for repairs not in excess of
Thirty Thousand Dollars ($30,0 00.00). Repairs in excess of Thirty
Thousand Dollars ($30,000.00) shall be submitted on a blanket
purchase order as pro vided in Section 310.8 of Title 62 of the
Oklahoma Statutes.
SECTION 2. AMENDATORY 19 O.S. 2021, Section 1502, is
amended to read as follows :
Section 1502. A. 1. The board of c ounty commissioners or a
designated employee shall:
a. prescribe a uniform identification system for all
supplies, materials and equipment of a county used in
the construction and maintenance of roads and bridges,
and
b. create and administer an inventory system for all:
(1) equipment of a county having an o riginal cost of
Five Hundred Dollars ($500.00) Two Thousand Five
Hundred Dollars ($2,500. 00) or more for use in
the construction and maintenance of roads and
bridges, and
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(2) supplies and materials of a county purchased in
lots of Five Hundred Dollars ($500.00) Two
Thousand Five Hundred Dollars ( $2,500.00) or more
for use in the construction a nd maintenance of
roads and bridges.
Such person shall be the county road and bridge inventory officer.
2. a. In counties having a county budget board created
pursuant to Section 1402 et seq. of this titl e, said
board may, upon an affirmative vote of a maj ority of
all the board members then in office, appoint a county
road and bridge inventory officer who shall be
employed by the county and shall have such duties as
are provided in subparagraphs a and b of paragraph 1
of this subsection. In the event the b oard does not
appoint a county road and bridge inventory officer the
board of county commissioners or designee shall be the
county road and bridge inventory officer. The
appointed county road and bridge inventory officer
shall be under the general supervi sion and direction
of the appointing authority.
b. The appointed county road and bridge inventory officer
shall be authorized necessary assistants to carry out
the duties and responsibilities provided by law and as
may be delegated by the appointing author ity.
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Provided, the employment of such assistants shall be
upon the approval of the appointing authority. The
salary of the county road and bridge inventory officer
and assistants shall be fixed by the a ppointing
authority.
c. The appointed county road an d bridge inventory officer
shall, at the expense of the county, be authorized
adequate office space, furnishings, equipment and
supplies to carry out the duties and re sponsibilities
of the county road and bridge inventory officer as
provided by law and as may be delegated by the
appointing authority. Provided, the acquisition of
such furnishings, equipment and supplies shall be upon
the approval of the appointing autho rity and the
acquisition of office sp ace shall be upon the approval
of the board of count y commissioners.
B. The board of county commissioners shall:
1. Prescribe a uniform identification system for all supplies,
materials, equipment and information tech nology and
telecommunication goods of a county not used in the construction and
maintenance of roads and bridges; and
2. Create and administer an inventory system for all:
a. equipment, information technology and
telecommunication goods of a county having an original
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cost of Five Hundred Dollars ($500.00) Two Thousand
Five Hundred Dollars ($2 ,500.00) or more and not used
in the construction and maintenance of roads and
bridges, and
b. information technology hardware and software of a
county having an original cost of Five Hundred Dollars
($500.00) or more and not used in the construction and
maintenance of roads and bridges, and
c. supplies and materials of a county purchased in lots
of Five Hundred Dollars ($500.00) Two Thousand Five
Hundred Dollars ($2,50 0.00) or more and not used in
the construction and maintenance of roads and bridges.
The board of county commissioners may designate an employee of that
office to administer such inventory system.
SECTION 3. AMENDATORY 19 O.S. 2021, Section 1505, is
amended to read as follows:
Section 1505. The following procedures sha ll 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 maintenance, oper ation, and capital
expenditures of county government unless otherwise provided for by
law.
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A. The procedure for requisitioning items for county offices
shall be as follows:
1. The requesting department shall prepare a requisition fo rm
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;
2. The requesting department shall retain a copy of the
requisition and forward t he 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 th is section. Nothing i n 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 supplie s, materials, equipment and
information technology and telecommunication goods and se rvices used
by a county shall be as follows:
1. The county purchasing agent sha ll request written
recommendations from all county officers pertainin g to needed or
commonly used supplies, materials, road and bridge construction
services, equipment and info rmation technology and telecommunication
goods and services. From such recommen dations and available
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requisition, purchase, or inventory records, th e county purchasing
agent shall prepare a list of items needed or commonly used by
county officers. The co unty purchasing agent shall request from the
Purchasing Division or from the Inf ormation Services Division in the
case of information technology and telecommunication good s and
services of the Office of Management and Enterprise Services all
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 Service s Division of the Offi ce 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 paragraph 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 cont racts quoting the price
the state is paying for the item. The county purchasing agent shall
either request the Purchasing Division or the Informatio n Services
Division of the Office of Management and Enterprise Services, as
applicable, to make the purchas e for the county or the county
purchasing agent shall solicit bids in the manner described in
paragraph 2 of this subsection. Nothing in this paragr aph shall
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prohibit bids from being taken on an item currently on a twelve -
month bid list, at any time deeme d 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 commissioner s;
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 e xpected to
submit bids. Notice of solicitation of bids shall also be published
one time in a newspaper of general circulation in the county.
Notices shall be mailed and published at least ten (10) days prior
to the date on which the bids are opened. Pro of 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. The notice shall
specify whether the county will consider written bids, electronic
bids, or both; the decision to exclusively consider either written
bids or electronic bids shall be determined pursuant to an
affirmative vote of the board of county commissioners. Whenever any
prospective supplier or vendor dealin g in or listing for sale any
particular item or article required to be purchased or acquired by
sealed bids fails to enter or offer a sealed bid for three
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successive bid solicitations, the name of the supplier or vendor may
be dropped from the mailing list s of the board of county
commissioners;
3. The sealed bids received from vendors and the state contract
price received from the applicable Division of the Office of
Management and Enterprise Services shall be given to the county
clerk by the county purcha sing agent. The county clerk shall
forward the sealed bids and state contract pr ice, if any, to the
board of county commissioners;
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 and
transportation cost to the job site within thirty (30) days of the
meeting. For any special item not included on th e list of needed or
commonly used items, the requisitioning official shall review the
bids and submit a written recommendation to the board before f inal
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 reason for
such conclusion shall be recorded. Whenever the b oard of county
commissioners rejects the written recommendation of the
requisitioning official pertaining to a special item, the reasons
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for the rejection shall be entered in their minutes and stated in a
letter to the requisitioning official and county pu rchasing agent;
5. The county purchasing agent shall notify the successful
bidders and shall maintain a cop y of the notification. The county
purchasing agent shall prepare and maintain a vendors list
specifying the successful bidders and shall notify eac h 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 purchasing agent may make
purchases from the successful bidders for a price at or below the
bid price. If a vendor who is t he low bidder cannot or will not
sell goods or services as required by a county b id contract, 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; prov ided, however, such purchase does not exceed
Twenty-five Thousand Dollars ($25,00 0.00) as the amount specified in
subparagraph a of paragraph 3 of s ubsection 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 willing to co mmit to a firm
price for a reduced period of time, and, if such is
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the case, the bid procedure described in this
subsection shall be followed,
b. if vendors are not willing to commit to a f irm price
for a reduced period, the purchasing agent shall
solicit and record at least th ree 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 acqu ire such
goods or services. The quotes shall be recorded on a
form prescribed by the Sta te Auditor and Inspector and
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 c onsidered to be the
lowest and best quote, the reason for this conc lusion
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 purcha sing agent 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 cou nty clerk's copy
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of the purchase order and file both in the 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 information technology and
telecommunication goods and services use d 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;
2. The county clerk shall then encumber the amount stated on
the purchase order and assign a seq uential number to the purchase
order;
3. If there is an unencumbered balance in the a ppropriation
made for that purpose by the county excise board, the county clerk
shall so certify in the following form:
"I hereby certify that the a mount of this encumbra nce 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."
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In instances where it is impossible to ascertain the e xact amount of
the indebtedness sought to be incurred at the time of recording th e
encumbrance, an estimated amount may be used. No purchase 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 t he county road and bri dge 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.
D. 1. The procedure for the purchase of supplies, materials,
equipment and information technology an d telecommunication goods and
services at public auction or by sealed bid to be u sed by a county
shall be as follows:
a. the county purchasing agent shall prepare a purch ase
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 and assign a sequential number
to the purchase order,
c. if there is an unencumbere d balance in the
appropriation made for that purpose by the county
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excise board, the county clerk shall so certify in the
following form:
"I hereby certify that the am ount of this encumbrance
has been entered against the designated ap propriation
accounts and that this encumbrance is within the
authorized available balance of the appropriati on.
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 purchase order s hall be valid
unless signed by the county purchasing agent and
certified by the county cl erk, and
d. the county clerk shall file the original purchase
order and return three c opies 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 eq uipment,
supplies, or materials for the construction or
maintenance of roads and bridg es, and submit the other
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copy to the receiving officer of the requesting
department.
2. The procedure for the purchase of supplies, materials and
equipment at a public a uction when the purchase will be made with
the proceeds from the sale of county proper ty at the same public
auction are as follows:
a. the purchasing agent shall cause such items being sold
to be appraised in the manner determined in Section
421.1 of this title,
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 oblig ated by
the county on the purchase order and assign a
sequential number to the purchas e order,
d. the county clerk shall certify that the amount of the
encumbrance is equal to the appraised value of the
item being sold plus any additi onal funds obligated b y
the county. In effect the recording of the
encumbrance is an estimate that is autho rized by law.
No purchase order shall be valid unless signed by the
county purchasing agent and certified by the county
clerk,
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e. the county clerk shall file the origina l 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 material s for the construction or
maintenance of roads and bridges, and submit the other
copy to the receiving offic er of the requesting
department, and
f. a purchase shall not be bid until such ti me that the
appraised item or items are sold. Any item or items
purchased shall not exce ed 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 reque sting department shall be
responsible for receiving all items delivered to that depart ment;
2. Upon the delivery of an item, the receiving officer shall
determine if a purchase order exists for the item being delivered;
3. If no such purchase order has b een 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 o f lading, or other delivery document
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and compare it with the purcha se 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 receivi ng report form shall be prescribed by the
State Auditor and Inspector. The person del ivering the goods shall
acknowledge the delivery by signature, noting the date an d time;
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 purchas ing agent, and
b. a copy of the receiving report with the delivery
documentation to the county clerk;
7. The county purchasing agent shall file a c opy of the
purchase order and a copy of the receiving report;
8. Upon receipt of the original receiving rep ort 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, and
the date of the purchase;
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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 requi red by
law,
d. receiving report, and
e. delivery document.
The documents shall be availab le for public inspection during
regular business hours; and
11. If the documents conf orm as to the quantity and quality of
the items, the county clerk shall prepare a warrant for payment
according to procedures provided for by law.
F. The following proce dures are for the processing of purchase
orders:
1. The purchasing agent shall be all owed up to three (3) days
to process purchase orders to be presented to the board of county
commissioners for consideration and payment. Nothing he rein shall
prevent the purchasing agent from processing or the board of county
commissioners from considerat ion and payment of utilities, travel
claims and payroll claims;
2. The board of county commissioners shall consider the
purchase orders so presente d and act upon the pur chase orders, by
allowing in full or in part or by holding for further information or
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disallowing the same. The disposition of purchase orders shall be
indicated by the board 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 o ver for further
information shall be acted upon by allowing or disallowing same a t
any future meeting of the board held within seventy -five (75) days
from the date of fil ing of the purchase order. Any purchase order
not acted upon within the seventy -five (75) days from the date of
filing shall be deemed to have been disallowed, but su ch
disallowance shall not prevent the refiling of the purchase orde r 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 perso n making the claim, such
allowance shall be a full settlement of th e entire purchase orde r
and provided that the cashing of warrant shall be considered as
acceptance by the cl aimant.
G. The procedure upon consumption or disposal of supplies,
materials, or equipment shall be as follows:
1. For consumable road or bridge i tems 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 prepared and kept
electronically by the consuming department. T he report shall
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contain a record of the date, the place, and the purpose for the use
of the road or bridge i tems or materials. For purposes of
identifying county bridges, the board of coun ty commissioners shall
number each bridge subject to its jurisdicti on; and
2. For disposal of all equipment and information technology and
telecommunication goods which origi nally cost more than Five Hundred
Dollars ($500.00), resolution of disposal shall be submitted by the
officer on a form prescribed by the State Audi tor and Inspector's
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 be retained for not less
than two (2) years after all audit r equirements for the st ate 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 t his section shall not apply
when a county officer certifies that an emergency exists requ iring
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 pu rchasing agent a written explanation
of the emergency. The 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 purcha se order which has been prepared by the county
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purchasing agent and submitting them to th e county clerk for filing,
encumbering, and consideration for payment by the board of county
commissioners.
J. The county purchasing agent may authorize county purcha sing
officers to make acquisitions through the state purchase card
program as authorized by the State Purchasing Director in accordance
with Section 85.5 of Title 74 of the Ok lahoma Statutes and defined
in Section 85.2 of Title 74 of the Oklahoma Statutes. Purchase
cardholders shall sign a purchase card agreement prior t o becoming a
cardholder and attend purchase card procedure training as required
by the State Purchasing Dire ctor. Complete descriptions of
purchases made by county government entities shal l be published
through the state transparency portal pursuant to Se ction 85.33B of
Title 74 of the Oklahoma Statutes, and as warrants required to be
published pursuant to Sect ions 444 and 445 of this title.
K. Nothing in this section shall prohibit counti es from
providing material and/or services bids on the twelve -month bid list
to all road and bridge projects and contracts. All non -road and
bridge related construction contr acts shall refer to subsection A of
Section 103 of Title 61 of the Oklahoma Statu tes.
SECTION 4. This act shall become effective November 1, 2022.
58-2-10736 MJ 02/22/22
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