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SENATE FLOOR VERSION
February 18, 2021
SENATE BILL NO. 853 By: Dossett (J.J.) of the
Senate
and
Burns of the House
An Act relating to the Oklahoma Central Purchasing
Act; amending 74 O.S. 2011, Section 85.3A, as last
amended by Section 4, Chapter 98, O.S.L. 2020 (74
O.S. Supp. 2020, Section 85.3A) , which relates to
exempted entities; exempting the Oklahoma Military
Department from the provisions of the Oklahoma
Central Purchasing Act for certain purchases; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 85.3A, as
last amended by Section 4, Chapter 98, O.S.L. 2020 (74 O.S. Supp.
2020, Section 85.3A), is amended to rea d as follows:
Section 85.3A. A. Compliance with the provisions of the
Oklahoma Central Purchas ing Act shall not be required of:
1. County government;
2. The Oklahoma State Regents for Higher Education , the
institutions, centers, or other constituent ag encies of The Oklahoma
State System of Highe r Education;
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3. The telecommunications network know n as OneNet;
4. The Department of Public Safety gun range;
5. The State Treasurer for the following purcha ses:
a. services, including, but not limited to, leg al
services to assist in the administration of the
Uniform Unclaimed Property Act, as provided i n Section
668 of Title 60 of the Oklahoma Statutes, and
b. software, hardware and associated services to ass ist
in the administration of funds and securities he ld by
the state, as provided in Section 71.2 of Title 62 of
the Oklahoma Statutes;
6. Statutorily allowed interagency agreements between state
agencies;
7. The Oklahoma Department of Veterans Affairs, i n accordance
with Section 63.22 of Title 72 of the O klahoma Statutes; or
8. The Oklahoma Military Department for the purchases of
heraldry items including, but limited to, medals, badges and other
military accoutrements; or
9. A transaction, wholly funded by monies other than state-
derived funds, in which a state agency functions only as a pass -
through conduit to fund an acquisition that is required by the
funding source for the benefit of another entity or individuals and
the state agency does not retain ownership o f any part of the
acquisition as a resul t of the transaction.
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B. The State Purchasi ng Director may form an advisory committee
consisting of representatives from entities exempted from the
provisions of the Oklahoma Central Purchasing Act. The purpose of
the committee shall be to allow committe e members to provide input
into the development of shared state purchasing contracts,
collaboratively participate in the integration of their purchasing
platforms or electronic purchasing catalogs, analyze solutions that
may be used by state government to meet the purchasing needs of the
entities, explore joint purchases of general use items that result
in mutual procurement of quality goods and services at the lowest
reasonable cost and explore flexibility, administr ative relief, and
transformation changes through utilization of procurement
technology.
C. At the invitation of the State Purchasing Direct or entities
exempted from the provisions of the Oklahoma Central Purchasing Act
shall participate in the advisory co mmittee referenced in subsection
B of this section.
D. The State Purchasing Directo r may invite representatives of
political subdivisions, and local common education entities to
participate as members of the advisory committee.
SECTION 2. This act shall become effective Novembe r 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
February 18, 2021 - DO PASS