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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 1212 By: Hicks of the Senate
and
Strom of the House
COMMITTEE SUBSTITUTE
An Act relating to contracts for public buildings and
public works; defining terms; establishing state
entity contract requirements for certain goods or
equipment; requiring certain attestation; allowing
for certain exemption ; providing for certain public
notice and comment; punishi ng certain violation;
clarifying application of certain requirements;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 53 of Title 61, unless there is
created a duplication in numbering, reads as follows:
A. As used in this section :
1. “Manufactured or produced in the United States” means a
product that has all manufacturing processe s occurring in the United
States. All components o f the product must be of United States
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origin. A component is considered to be a product of United States
origin if all of its manufacturing processes occur in the United
States, regardless of the ori gin of its subcomponents; and
2. “Public building or public work ” means any structure,
building, highway, waterway, street, bridge, transit system,
airport, or other betterment, work, or improvement, w hether of a
permanent or temporary nature and whet her for governmental or
proprietary use. The term includes but is not limited to any
railway, street railway, subway, elevated and passenger and rail
rolling stock, self-propelled cars, gallery cars, locom otives,
passenger buses, wires, poles and equipment for electrification o f a
transit system, rails, tracks, roadbeds, gu ideways, elevated
structures, buildings, schools, hospitals, stations, terminals,
docks, shelters, and repairs t o any such public building or public
work.
B. Any agency or entity of this state, or any person making
purchases on behalf of such agency or entity, shall require any
contract for the construction , reconstruction, alteration, repair,
improvement, or maintenance of a p ublic building or public work with
an estimated contract price exceeding One Hundred Thousand Dollars
($100,000.00), to state that all materials to be used in the
completion of such contract shal l be manufactured or produced in the
United States. All solicitation documen ts for such contracts shall
clearly state such requirement. Any bid or proposal that does not
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affirmatively attest that th e bidder read and understood such
requirement shall not be considered by the agency or entity, or
person making purchases on behalf of such agency or entity.
C. An agency or entity of this state may submit a written
appeal to the State Purchasing Director to exempt a contract from
the requirements of subsection B of this section. The appeal shall
include information demonstrating that:
1. Such requirements are inconsistent with the public interest;
2. A particular material to be used in the completion of the
contract is not produced or manufactured in the United States in
sufficient and reasonably available quantities and with satisfactory
quality; or
3. Using materials produced or manufactured in t he United
States shall increase the cost of construction, reconstruction,
alteration, repair, improvement, or maintenance of a p ublic building
or public work by more than twenty-five percent (25%).
The State Purchasing Director shall give public notice of the
appeal upon its receipt in a manner that the State Purchasing
Director determines shall give adequate notice to the public and to
individuals, firms, or co rporations that intend to submit or have
submitted bids or proposals for such contracts for public buildings
or public works. The State Purchasing Director shall allow seven
(7) calendar days for public comment on the appeal. If after the
public comment period the State Purchasing Director authorizes the
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exemption of a contract from the requirements of subsection B of
this section, he or she shall provide public notice of the
authorization in the same method used to provide public notice of
the appeal.
D. A state agency or entity shall notify the State Purchasing
Director if it suspects an individual, firm, or corporation is
intentionally violating the requirements of subsection B of thi s
section. If the State Purchasing Director determi nes after a review
of the contract and the actions of the individual, firm, or
corporation that an intentional vio lation has taken place, the
individual, firm, or corporation shall be ineligible to , and shall
not, bid on a state contract for a period of five (5) years. Such
individual, firm, or corporation shall have the right to appeal the
decision of the State Purchasing Director to a court of competent
jurisdiction.
E. The provisions of this section shall not apply if a
reciprocal trade agreement or treaty has been ne gotiated by this
state or by the United States on behalf of or including this state
with a foreign nation or government for nondiscriminatory
governmental procurement practices or policies with such fore ign
nation or government.
SECTION 2. This act shall becom e effective November 1, 2024.
59-2-3556 MSBB 2/29/2024 3:34:26 PM