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ENGROSSED HOUSE
BILL NO. 1019 By: Munson, Lawson, Roe,
McEntire, Talley, and Swope
of the House
and
Gollihare of the Senate
An Act relating to the Central Purchasing Act ;
amending 74 O.S. 2021, Section 85.44D.1, which
relates to sole source acquisition or sole brand
acquisition, certification, and report; creating an
exemption; providing a termination date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 85.44D.1, is
amended to read as follows:
Section 85.44D.1 A. 1. A sole source acquisition is exempt
from competitive bidding procedures as a sole source or r equirements
of this act, but a sole brand acquisition is subject to such
competitive bidding requirements.
2. For each sole source or sole brand acquisition, the state
agency shall retain in the state agency's acqui sition file and
attach to the requisitio n, a certification signed by the chi ef
administrative officer of the state agency, in the following form:
SOLE SOURCE OR SOLE BRAND ACQUISITION
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CERTIFICATION
STATE AGENCY ________________________
SUPPLIER NAME ________________________
SUPPLIER ADDRESS ________________________
SUPPLIER CONTACT INFORMATION ________________________
In connection with the attached requisit ion or contract, I
hereby affirm that
(Name of Supplier)
is the only business entity singularly quali fied to provide the
acquisition, or is t he only brand satisfying the acquisi tion
requirements, for the following reasons:
_________________________________ _____________________
__________________________________ ____________________
________________________ ______________________________
_____________________________________________ _________
______________________________________________________
The following is a brief description of all efforts made to
verify that the acquisition qualifies as a sole source or sole brand
acquisition:
_________________________________________________ _____
______________________________________________________
______________________________________________________
______________________________________________________
_________________________________________________ _____
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I understand that the signing of this certification knowing such
information to be false may result in forfeiture of my position and
ineligibility for appointment to or employment in state service for
a period of five (5) years following forfeiture o f position.
________________________ _____
(Chief administrative officer)
3. A court order requiring a particular acquisition, but which
does not specify a brand or suppli er shall not substitute for the
certification required by this section or otherwise i nvalidate
acquisition procedures req uired by the Oklahoma Central Purchasing
Act.
4. Upon a determination by the Director of the Office of
Management and Enterprise Services that there are reasonable grounds
to believe that a violation of this section has occurred, the
Director shall send f indings to the Attorney General that support
the determination. The Attorney General shall review the findings
and determine whether t o investigate or prosecute the person.
5. Prior to approving a requisition for a sol e source or sole
brand acquisition, the Purchasing Division shall require the signed
certification documenting the need for a sole source or sole brand
acquisition and shall retain the certification in accordance wit h
state record retention requirements.
6. For a sole source or sole brand a cquisitions exceeding the
fair and reasonable acquisition threshold amount and not requiring
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submission of a requisition to the Purchas ing Division, the state
agency's certified pr ocurement officer shall retain, in the
acquisition file, the signed certific ation documenting the need for
the sole source or sole brand acquisition in accordance with state
record retention requirements.
B. By the fifteenth day of each month, or the firs t working day
thereafter, the Office of Management and Enterprise Services s hall
provide a report to:
1. The Speaker of the House of Representatives and the
President Pro Tempore of the Senate; and
2. Any member of the Legislature requesting the report.
The report shall detail sole source and sole brand acquisitions
by state agencies for the month prior to the month preceding the
submission of the report. The report shall be titled "Monthly Sole
Source and Sole Brand Contracting Report of Oklahoma State Agencies"
and indicate the time period o f the report. The report shall be
provided by the Director of the Office of Management and Enterprise
Services or the Director's designee. The report shall be in
columnar database format and shall include at least the following
fields of information: st ate agency number; state agency name ; date
created by the Office of Management and Enterprise Services for the
requisition; date of either approval or disapproval of the
requisition; if disapproved, the reason why su ch contract
requisition was disapproved; estimated amount of the requisition
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acquisition; purchase order amount; purchase order number; actual
business name of supplier; supplier federal employer identification
number; and the commodity classification list ing at the appropriate
level to distinguish between similar acquisitions. I nformation
required by this subsection shall be reported and maintained on each
report through the next reporting period after an acquisition is
made. The applicable data in the f ields of information specified in
this subsection shall be listed even if th e state agency requisition
is disapproved.
C. 1. The State Department of Health shall be exempt from
requests for proposals for sole source acquisitions for the Nurse -
Family Partnership Program and the Children First Program.
2. The provisions of this subsection shall cease to have the
force and effect of law on November 1, 2029.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reas on whereof this act shall take effect and
be in full force from and after its passage and approval.
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Passed the House of Representatives the 6th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate