Req. No. 158 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 43 By: Bergstrom
AS INTRODUCED
An Act relating to central purchasing; defining
terms; prohibiting certain purchases from certain
entities; requiring certification; prohibiting
certain entities to bid on certain state contracts;
directing State Purchasing Director to terminate
contracts for certain re asons; mandating penalties;
providing for codifica tion; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 90.8 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Company” shall mean any sole proprietorship, organization,
corporation, partnership, joint venture, limited partnership,
limited liability partnership, limited liability company, or other
entity or business association, including but not limited to all
wholly owned subsidiaries, majority owned subsidiaries, parent
companies, or affiliates of such entities or business associations,
that exists for the purpose of making prof it;
Req. No. 158 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. “Government of China” shall mean the government of the
People’s Republic of China led by the Chinese Communi st Party (CCP);
and
3. “Scrutinized company” shall mean any company owned or
operated by the Government of China.
B. 1. No state agency or politi cal subdivision of this state
shall purchase any goods or services from a scrutinized company or
enter into contracts with a scru tinized company.
2. Any state agency or political subdivision of this state
requiring a bid or proposal for goods or services shall require a
company submitting a bi d or proposal to certify that the company is
not a scrutinized company. Such certification shall be required in
addition to, and not in lieu of, any other certification required by
law.
3. A scrutinized company shall b e ineligible to bid on or
submit a proposal, directly or indirectly through a third-party, for
a contract with any public or private entity that directly or
indirectly receives state funding.
C. If the State Purchasing Director determines that a company
has submitted a false certification under paragraph 2 of subsection
B of this section:
1. The company shall be liable for a civil penalty of Two
Hundred Fifty Thousand Dollars ($250,000.00) or twice the amount of
the contract, whichever is greater; and
Req. No. 158 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. The State Purchasing Director shall immediately terminate
the contract with the comp any.
SECTION 2. This act shall become effective November 1, 2023.
59-1-158 KR 12/15/2022 4:29:28 PM