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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 382 By: Standridge of the Senate
and
Conley of the House
An Act relating to Oklahoma Central Purchasing Act;
amending 74 O.S. 2011, Section 85.12, as last amended
by Section 11, Chapter 98, O.S.L. 2020 (74 O.S. Supp.
2020, Section 85.12), which relates to excluded
acquisitions; adding the J.D. McCarty Center to
exclusions; providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 85.12, as
last amended by Section 11, Chapter 98, O.S.L. 2020 (74 O.S. Supp.
2020, Section 85.12), is amended to read as follows:
Section 85.12. A. The provisions of this section shall not be
construed to affect any law relating to fiscal or accounting
procedure except as they may be directly in conflict herewith; and
all claims, warrants, and bonds shall be examined, inspected, and
approved as now provided by law.
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B. Except as otherwise provided by this section, the
acquisitions specified in this subsection shall be made in
compliance with Section 85.39 of this title and purchasing card
program requirements but are not subject to other provis ions of the
Oklahoma Central Purchasing Act:
1. Food and other products produced by state institutions and
agencies;
2. The printing or duplication of publications or forms of
whatsoever kind or character by state agencies if the work is
performed upon their own equipment by their own employees. Pursuant
to this paragraph, the state agency may only use equipment owned or
leased by the agency and may only utilize that equipment for
printing services required by the agency in performing duties
imposed upon the agency or functions authorized to be performed by
the agency. Any use of the equipment by the agency pursuant to an
agreement or contract with any other entity resulting in delivery of
intermediate or finished products to the entity purchasing or usi ng
the products shall be subject to the provisions of this act and
associated rules;
3. Department of Transportation and Transportation Commission
contractual services or right -of-way acquisitions, contracts awarded
pursuant to bids let by the Transportat ion Commission for the
maintenance or construction of streets, roads, highways, bridges,
underpasses, or any other transportation facilities under the
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control of the Department of Transportation, equipment or material
acquisitions accruing to the Departmen t of Transportation required
in Federal-Aid contracts, and acquisitions for public -service-type
announcements initiated by the Department of Transportation, but not
acquisitions for advertising, public relations or employment
services;
4. Utility services regulated by a state or federal regulatory
commission, municipal ordinance or an Indian Tribal Council;
5. Acquisitions by the University Hospitals Authority. The
Authority shall develop standards for the acquisition of products
and services and may ele ct to utilize the Purchasing Division. The
standards shall foster economy and short response time and shall
include appropriate safeguards and record -keeping requirements to
ensure appropriate competition and economical and efficient
purchasing;
6. Custom harvesting by the Department of Corrections for the
Department or its institutions;
7. Subject to prior approval of the State Purchasing Director,
acquisitions from private prison suppliers which are subject to the
contracting procedures of Section 561 of Title 57 of the Oklahoma
Statutes;
8. Acquisitions by the Oklahoma Municipal Power Authority;
9. Acquisitions by the Grand River Dam Authority;
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10. Acquisitions by rural water, sewer, gas or solid waste
management districts created pursuant to the Ru ral Water, Sewer, Gas
and Solid Waste Management Districts Act;
11. Acquisitions by the Oklahoma Ordnance Works Authority, the
Northeast Oklahoma Public Facilities Authority or the Midwestern
Oklahoma Development Authority;
12. Expenditure of monies appr opriated to the State Board of
Education for Local and State Supported Financial Support of Public
Schools, except monies allocated therefrom for the Administrative
and Support Functions of the State Department of Education;
13. Expenditure of monies appr opriated to the State Department
of Rehabilitation Services for educational programs or educational
materials for the Oklahoma School for the Blind and the Oklahoma
School for the Deaf;
14. Contracts entered into by the Oklahoma Department of Career
and Technology Education for the development, revision or updating
of vocational curriculum materials, and contracts entered into by
the Oklahoma Department of Career and Technology Education for
training and supportive services that address the needs of new or
expanding industries;
15. Contracts entered into by the Oklahoma Center for the
Advancement of Science and Technology for professional services;
16. Contracts entered into by the Oklahoma Department of
Commerce pursuant to the provisions of Section 5066 .4 of this title;
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17. Acquisitions made by the Oklahoma Historical Society from
monies used to administer the White Hair Memorial;
18. Purchases of pharmaceuticals available through a multistate
or multigovernmental contract if such pharmaceuticals are o r have
been on state contract within the last fiscal year, and the terms of
such contract are more favorable to the state or agency than the
terms of a state contract for the same products, as determined by
the State Purchasing Director. The state entity designated by law,
as specified in Section 1010.3 of Title 56 of the Oklahoma Statutes,
shall participate in the purchase of pharmaceuticals available
through such contracts;
19. Contracts for managed health care services entered into by
the state entity designated by law or the Department of Human
Services, as specified in paragraph 1 of subsection A of Section
1010.3 of Title 56 of the Oklahoma Statutes;
20. Acquisitions by a state agency through a General Services
Administration contract or other feder al contract if the
acquisitions are not on current statewide contract or the terms of
the federal contract are more favorable to the agency than the terms
of a statewide contract for the same products;
21. Acquisitions of clothing for clients of the Depar tment of
Human Services and acquisitions of food for group homes operated by
the Department of Human Services;
22. Acquisitions by the Oklahoma Energy Resources Board;
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23. Acquisitions of clothing for juveniles in the custody of
the Office of Juvenile Af fairs and acquisitions of food for group
homes operated by the Office of Juvenile Affairs;
24. State contracts for flexible benefits plans pursuant to the
Oklahoma State Employees Benefits Act, Section 1361 et seq. of this
title;
25. Acquisitions by the Department of Securities to
investigate, initiate, or pursue administrative, civil , or criminal
proceedings involving potential violations of the acts under the
Department’s jurisdiction and acquisitions by the Department of
Securities for its investor edu cation program;
26. Acquisitions for resale in and through canteens operated
pursuant to Section 537 of Title 57 of the Oklahoma Statutes and
canteens established at an institution or facility operated by the
Office of Juvenile Affairs;
27. Acquisitions by the Oklahoma Boll Weevil Eradication
Organization for employment and personnel services, and for
acquiring sprayers, blowers, traps , and attractants related to the
eradication of boll weevils in this state or as part of a national
or regional boll weevi l eradication program;
28. Contracts entered into by the Oklahoma Indigent Defense
System for expert services pursuant to the provisions of subsection
D of Section 1355.4 of Title 22 of the Oklahoma Statutes;
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29. Acquisitions by the Oklahoma Correctional Industries and
the Agri-Services programs of the Department of Corrections of raw
materials, component parts and other products, any equipment
excluding vehicles, and any services excluding computer consultant
services used to produce goods or services fo r resale and for the
production of agricultural products;
30. Contracts entered into by the Department of Human Services
for provision of supported living services to members of the
plaintiff class in Homeward Bound, Inc., et al. v. The Hissom
Memorial Center, et al., Case Number 85 -C-437-E, United States
District Court for the Northern District of Oklahoma;
31. Contracts negotiated by the Office of Juvenile Affairs with
designated Youth Services Agencies and the Oklahoma Association of
Youth Services, or another Oklahoma nonprofit corporation whose
membership consists solely of Youth Services Agencies and of whom at
least a majority of Youth Services Agencies are members, pursuant to
the provisions of Section 2 -7-306 of Title 10A of the Oklahoma
Statutes and contracts entered into by the Department of Human
Services pursuant to Section 1 -9-110 of Title 10A of the Oklahoma
Statutes with designated Youth Services Agencies;
32. Contracts for annuities for structured settlements provided
for in Section 158 of Title 51 of the Oklahoma Statutes;
33. Subject to subsection E of this section, purchases made
from funds received by local offices administered by the Department
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of Human Services or administered by the Office of Juvenile Affairs
for fund-raising activities and donations for the benefit of clients
and potential clients at the local offices where such purchases may
not otherwise be paid for from appropriated funds; and
34. Acquisitions by the Oklahoma Historical Society for
restoration of historical site s and museums although the agency may
elect to utilize the Purchasing Division for an acquisition with
supplier and bid selection being the prerogative of the agency,
based on the supplier ’s documented qualifications and experience ;
and
35. Acquisitions of clothing and food for patients in the care
of the J.D. McCarty Center for Children with Developmental
Disabilities.
C. Pursuant to the terms of a contract the State Purchasing
Director enters into or awards, a state agency, common school,
municipality, rural fire protection district, county officer or any
program contract, purchase, acquisition or expenditure that is not
subject to the provisions of the Oklahoma Central Purchasing Act,
may, unless acting pursuant to a contract with the state that
specifies otherwise, make use of statewide contracts and the
services of the Purchasing Division and the State Purchasing
Director. Any political subdivision or rural fire protection
district may designate the State Purchasing Director as its agent
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for any acquisition from a statewide contract or otherwise available
to the state.
D. The State Purchasing Director may make periodic audits of
the purchasing procedures of acquisitions listed in subsection B of
this section to ensure that the procedures are being fol lowed.
E. With respect to the Department of Human Services or the
Office of Juvenile Affairs, as applicable, monies received by
fundraising activities or donations from the local office, vending
operations administered by employees of the agency and all o ther
nonrestricted cash and cash -equivalent items received by employees
of the agency shall be deposited in the agency special account
established for this purpose. The deposits shall be made at local
banking institutions approved by the State Treasurer.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
04/01/2021 - DO PASS.