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SENATE FLOOR VERSION
February 25, 2021
AS AMENDED
SENATE BILL NO. 299 By: Bergstrom of the Senate
and
Lepak of the House
An Act relating to public buildings and public work s;
amending Section 1, Chapter 252, O.S.L. 2017 (61 O.S.
Supp. 2020, Section 139), which relates to the Public
Competitive Bidding Act of 19 74; specifying authority
to enter into cooperative purchasing agreements;
establishing authority to enter into certa in
cooperative purchasing agreements for the ac quisition
of certain commodities or services; providing
definitions; modifying definitions; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapte r 252, O.S.L.
2017 (61 O.S. Supp. 2020, Section 139), is amended to read as
follows:
Section 139. A. In addition to any authority to enter an
agreement pursuant to the Interlocal Cooperation Act, any school
district, including a technology school distric t, may either
participate in, sponsor, conduct or administer a cooperative or
piggybacking purchasing agreement for the acquisition of any
commodities or services including public construction contracts,
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with one or more public agencies , public agency proc urement units or
external procurement units in accordance with an agreemen t entered
into between the participants. Such cooperative purchasing may
include, but is not limited to, joint or multiparty contracts
between public agencies, public agency procure ment units or extern al
procurement units and open-ended state public procu rement contracts.
Any school district including a technology school district that
purchases any commodities and services including public construction
contracts under this section s atisfies the require ment of the school
district or technology school d istrict to seek competitive bids or
proposals for the purchase of the commodities and services,
including public construction contracts, provi ded that the public
agency procurement unit or external procurem ent unit satisfied the
laws of its jurisdiction in procurement of the contract.
B. Any local public procurement unit In addition to any
authority to enter an agreement pursuant to the Interlo cal
Cooperation Act, any public agency other than a school district or
technology school district may either participate in, sponsor,
conduct or administer a cooperative or piggybacking purchasing
agreement for the acquisition of any commodities or servi ces,
including public construction services contracts, with one (1) or
more public agencies, public agency procurement units or external
procurement units in accordance with an agreement entered into
between the participants. Such cooperative purchasing m ay include,
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but is not limited to, joint or mu ltiparty contracts b etween public
agencies, public agency procuremen t units or external procurement
units and open-ended state public procurement unit contracts which
are made available to local public procure ment units. Purchases
made in accordance with this subsection by a local public
procurement unit shall be require d to satisfy any procurement
regulation, including The Central Purchasing Act, the Public
Competitive Bidding Act, the Finance Act, related ad ministrative
rules and federal regulations tha t may apply due to the federal
source of the funding for the anticip ated purchase. Any public
agency, other than a school district or a technology school
district, that purchases any commodities and services including
public construction contracts under this section satisfies the
requirement of the public agency to seek competitive bids or
proposals for the purchase of the commodities and services including
public construction contracts, provided that the pu blic agency
procurement unit or external procurem ent unit satisfied th e laws of
its jurisdiction in procurement of the contract.
C. For purposes of this section, the following definitions
apply:
1. “Local public procurement unit ” shall mean, inter alia, any
county, city, town, state agency, and any oth er subdivision of the
state or public unit or agency thereof “Public agency” means the
State of Oklahoma, and any county, city, town, school district
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including a technology school district or other political
subdivision of the state, any public trust, any public entity
specifically created by the statutes of the State of Oklahoma or as
a result of statutory authorization therefor, and any department,
agency, board, bureau, commission, committee or authority of any of
the foregoing public entities ;
2. “Public agency procurement unit” means the State of
Oklahoma, and any county, city, town, school district including a
technology school district or other political subdivision of the
state, any public trust, any public entity specifically created by
the statutes of the State of Oklahoma or as a result of statutory
authorization therefor, and any department, agency, board, bureau,
commission, committee or authority of any of the foregoing public
entities that procures commodities and services including public
construction contracts f or a public purpose;
3. “External procurement unit” shall mean any buying
organization in the United States not located in this state which,
if located in this state, would qualify as a public agency
procurement unit; and
3. 4. “Cooperative or piggybacki ng purchasing agreement” shall
mean an agreement between a local public agency procurement unit and
another local public agency procurement unit or an external
procurement unit to a uthorize the use of a contract procured by one
of the parties to the agreem ent to benefit the other party to the
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agreement. This term shall also mean an agreement that provides
access to a product or service that is lower in price than a
comparable product or service that is available through the usage of
a statewide, multistate or multigovernmental contract issued b y the
state Purchasing Division of the Office of Management and Enterprise
Services.
D. Nothing in this section shall supersede the obligation of a
state agency to adhere to rules regarding sta tewide contracts issued
by the state Purchasing Division. Neither shall any provision of
this section be construe d to waive the obligation of a state agency
to utilize a mandatory purchasing contract as designated by the
State Purchasing Director.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and ap proval.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
February 25, 2021 - DO PASS AS AMENDED