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SENATE FLOOR VERSION
March 28, 2024
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 85.44 D.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 requirements
of this act, but a sole brand a cquisition 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 acquisition file and
attach to the requisition, a certification signed by the chief
administrative officer of the state agency, in the following form:
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SOLE SOURCE OR SOLE BRAND ACQUISITION
CERTIFICATION
STATE AGENCY ________________________
SUPPLIER NAME ________________________
SUPPLIER ADDRESS ________________________
SUPPLIER CONTACT INFOR MATION ________________________
In connection with the attached requisition or contract, I
hereby affirm that
(Name of Supplier)
is the only business entity singularly qualified to provide the
acquisition, or is the only brand satisfying the acquisition
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 of position.
_____________________________
(Chief administrative officer)
3. A court order requiring a particular acquisition, but which
does not specify a brand or supplier shall not substitute for the
certification required by this section or otherwise invalidate
acquisition procedures required b y 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 findings to the Attorney General that support
the determination. The Attorney General shall review the findings
and determine whether to investigate or prosecute the person.
5. Prior to approving a requisition for a sole source or sole
brand acquisition, the Pur chasing Division shall require the signed
certification documenting the need for a sole source or sole brand
acquisition and shall retain the certification in accordance with
state record retention requirements.
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6. For a sole source or sole brand acquisit ions exceeding the
fair and reasonable acquisition threshold amount and not requiring
submission of a requisition to the Purchasing Division, the state
agency's certified procurement officer shall retain, in the
acquisition file, the signed certification d ocumenting 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 first worki ng day
thereafter, the Office of Management and Enterprise Services shall
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 Agencie s"
and indicate the time period of 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: state 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
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requisition; if disapproved, the reason why such cont ract
requisition was disapproved; estimated amount of the requisition
acquisition; purchase order amount; purchase order number; actual
business name of supplier; supplier federal employer identification
number; and the commodity classification listing at the appropriate
level to distinguish between similar acquisitions. Informat ion
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 fields o f information specified in
this subsection shall be listed even if the 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 subsecti on 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 reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
March 28, 2024 - DO PASS