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ENGROSSED SENATE
BILL NO. 119 By: Bergstrom of the Senate
and
Lepak and Pae of the House
An Act relating to state government; amending 74 O.S.
2021, Section 85.45j.11, which relates to the
Oklahoma Supplier Diversity Initiative; adding
certain type of business to the program; providing
conditions for consideration; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 85.45j .11,
is amended to read as follows:
Section 85.45j.11. A. There is hereby created the “Oklahoma
Supplier Diversity Initiative”, which shall be a state -sponsored
supplier diversity program to provide a resource for state agencies
and private businesses t o utilize diverse firms in procurement
opportunities to encourage growth in the economy of the state . The
program shall provide convenience for qualified and certified small
business enterprises and minority business enterprises in
contracting projects in underserved areas.
B. The program shall allow diverse business enterprises to
register with the Office of Management and Enterprise Services and
allow registered vendors to be automatically notified of
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opportunities to do business with the state for spec ific
commodities. The program shall provide for simpli fied vendor
registration processes.
C. The program shall autho rize the Oklahoma Department of
Commerce to develop a diversity certification program to qualify and
certify diverse business enterprises for the state.
D. To qualify for the program, business es shall have less than
five hundred total employees, an annual revenue equal to or less
than Twenty-five Million Dollars ($25,000,000.00) and be certified
as one of the following:
1. An Oklahoma A Department of Transportation Disadvantaged
Business Enterprise;
2. Any of the following entities certified by the Unite d States
Small Business Administration:
a. Woman-Owned Women-Owned Small Business,
b. Minority-Business Enterprise,
c. Small Disadvantaged Business,
d. Service-disabled Service-Disabled Veteran-Owned Small
Business,
e. HUBZone Small Business Concern, and
f. 8(a) Business Development Program program;
3. A Native American-owned Business; or
4. A Veteran-owned Business; or
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5. An entrepreneurship certified and actively participating in
one of the following progr ams:
a. as a current tenant or a tenant within the last three
(3) years of a certified incubator pursuant to the
Small Business Incub ators Incentives Act , or
b. as an active participant in the accelerator program
certified by the Okl ahoma Center for the Advancement
of Science and Technology .
E. The Central Purchasing Division of the Office of Management
and Enterprise Services shall:
1. Amend the vendor registration process to require d iversity
certification check off and size standard information; and
2. Create a search tool for all state agencies a nd public or
private entities to utilize to obtain contact information for
diverse firms for the purpose o f promoting procurement opportuni ties
within the state.
F. On or before September 1 of each year, the State Purchasing
Director shall submit a report to the Governor, the Speaker of the
House of Representatives and the President Pro Te mpore of the Senate
on the status of the percentile o f state funds expended on contracts
awarded to a certified Oklahoma Department of Transportation
Disadvantaged Busine ss Enterprise and all of the entit ies certified
by the United States Small Business Ad ministration mention ed in
subsection D of this sectio n in the preceding fiscal year. The
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report may include related economic impacts when applicable. The
report, statistics or other information concerning the participation
in the program shall be retaine d by the Office of M anagement and
Enterprise Services.
G. The Oklahoma Department of Commerce shall promulgate rules
to create and administer the Oklahoma Supplier Diver sity Initiative.
SECTION 2. This act shall become effective November 1, 2023.
Passed the Senate the 22nd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives