An Act
ENROLLED SENATE
BILL NO. 382 By: Standridge of the Senate
and
Conley and Bell of the
House
An Act relating to Oklahoma Central Purch asing 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.
SUBJECT: Oklahoma Central Purchasing Act
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 fo llows:
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; an d
all claims, warrants, and bonds shall be examined, inspected, and
approved as now provided by l aw.
B. Except as otherwise prov ided by this section, the
acquisitions specified in this subsection shall be made in
compliance with Sect ion 85.39 of this titl e and purchasing card
program requirements but are not subject to other provisions of the
Oklahoma Central Purchasing Act:
ENR. S. B. NO. 382 Page 2
1. Food and other products produced by sta te institutions and
agencies;
2. The printing or duplication of pub lications or forms of
whatsoever kind or character by state agencies if the work is
performed upon their own equipment by their own employees. Pursu ant
to this paragraph, the state agency may only use equipment owned or
leased by the agency and may only u tilize that equipment for
printing services required by the agency in performing duties
imposed upon the agency or func tions authorized to be perform ed by
the agency. Any use of the equip ment by the agency pursuant to an
agreement or contract with any oth er entity resulting in delivery of
intermediate or finished products to the entity purchasing or using
the products shall be subject to the provision s 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 Transportation Commission for the
maintenance or constructi on of streets, roads, highways, bridges,
underpasses, or any other transportation facilities under the
control of the Department o f Transportation, equipment or material
acquisitions accruing to the Department 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 sta te or federal regulatory
commission, municipal ordinance or an Indian Tribal Council;
5. Acquisitions by the University Hospitals Author ity. The
Authority shall develop standards for the acquisition of products
and services and may elect to utilize the P urchasing Division. The
standards shall foster economy and short res ponse 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;
ENR. S. B. NO. 382 Page 3
7. Subject to prior approval of the State Purchasing Director,
acquisitions from private pr ison 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 A uthority;
9. Acquisitions by the Grand River Dam Authority;
10. Acquisitions by rural wa ter, sewer, gas or solid waste
management districts created pursuant to the Rural Water, Sewer, G as
and Solid Waste Management Districts Act;
11. Acquisitions by the Oklahoma Ordnance Works Authority, the
Northeast Oklahoma Public Fa cilities Authority or the Midwestern
Oklahoma Development Authority;
12. Expenditure of monies appropriated to the Sta te Board of
Education for Local and State Supported Financial Support of Public
Schools, except monies allocated therefrom for the Admini strative
and Support Functions of the State Department of Education;
13. Expenditure of monies appropriated to the Sta te 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 m aterials, and contracts entered into by
the Oklahoma Department of C areer and Technology E ducation 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;
ENR. S. B. NO. 382 Page 4
17. Acquisitions made by the Oklahoma Historical Society from
monies used to administer the White Hair Memorial;
18. Purchases of pharma ceuticals available th rough a multistate
or multigovernmental contract if such pharmaceuticals are or 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 sam e 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 o r the Department of Human
Services, as specified in paragraph 1 of su bsection 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 federal 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 Department of
Human Services and acquisitions of food for group homes operated by
the Department of Human Services;
22. Acquisitions by the Oklahoma Energy Reso urces Board;
23. Acquisitions of clothing for juveniles in the custody of
the Office of Juvenile Affairs and acquisiti ons of food for group
homes operated by the Office of Juvenile Affair s;
24. State contracts for flexible benefits plans pursuant to the
Oklahoma State Employe es Benefits Act, Section 1361 et seq. of this
title;
25. Acquisitions by the Department of Secur ities to
investigate, initiate, or pursue administrative, civil , or criminal
proceedings involving potential violations of the acts under the
ENR. S. B. NO. 382 Page 5
Department’s jurisdiction and acquisitions by the Department of
Securities for its investor education 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 institut ion or facility operated by the
Office of Juvenile Affairs;
27. Acquisitions by the Oklahoma Bol l Weevil Eradication
Organization for employment and personnel servic es, and for
acquiring sprayers, blowers, traps , and attractants rela ted to the
eradication of boll weevils in this state or as part of a national
or regional boll weevil eradication progr am;
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 Tit le 22 of the Oklahoma Statutes;
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 servic es excluding computer consultant
services used to produce goods or services for resale and for th e
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 Dist rict of Oklahoma;
31. Contracts negotiated by the Office of Juvenil e Affairs with
designated Youth Services Agencies and the Oklahoma Association of
Youth Services, or another Oklahoma n onprofit corporation whose
membership consists solely of Youth Servic es Agencies and of whom at
least a majority of Youth Services Agenci es are members, pursua nt to
the provisions of Section 2 -7-306 of Title 10A of the Oklahoma
Statutes and contracts enter ed into by the Department of Human
Services pursuant to Section 1 -9-110 of Title 10A of the Oklahoma
Statutes with designated Youth Servi ces Agencies;
ENR. S. B. NO. 382 Page 6
32. Contracts for annuities for structured settlements provided
for in Section 158 of Title 51 of the Ok lahoma Statutes;
33. Subject to subsection E of this section, purcha ses made
from funds received by local offices administered by the De partment
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 appropriate d funds; and
34. Acquisitions by the Oklahoma Historical Society for
restoration of historical sites and museums alt hough the agency may
elect to utilize the Purchasing Division for an ac quisition with
supplier and bid selection being the prerogative of t he 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 t he State Purchasing
Director enters into or awards, a state agency, common school,
municipality, rural fire prot ection district, county officer or any
program contract, purchase, acquis ition or expenditure that is not
subject to the provisions of the Oklah oma Central Purchasing Act,
may, unless acting pursuant to a contract with the state that
specifies otherwise, m ake use of statewide contracts and the
services of the Purchasing Divisio n and the State Purchasing
Director. Any political subdivision or rura l fire protection
district may designate the State Purchasing Director as its agent
for any acquisition from a s tatewide contract or otherwise available
to the state.
D. The State Purchasing Director may make periodic audits of
the purchasing procedures o f acquisitions listed in subsection B of
this section to ensure that the procedures are being followed.
E. With respect to the Department of Human Services or the
Office of Juvenile Af fairs, as applicable, monies received by
fundraising activities or dona tions from the local office, vending
operations administered by employees of the agency and all other
ENR. S. B. NO. 382 Page 7
nonrestricted cash and cash-equivalent items received by e mployees
of the agency shall be deposited in the agency special account
established for this pur pose. The deposits shall be made at local
banking institutions approved by the State Treasurer.
SECTION 2. This act shall become effective November 1, 2021.
ENR. S. B. NO. 382 Page 8
Passed the Senate the 3rd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 13th day of April, 2021.
Presiding Officer of the House
of Representatives
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 Ok lahoma 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: _______________________________ __