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SENATE FLOOR VERSION
February 29, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1212 By: Hicks and Rogers of the
Senate
and
Strom of the House
[ contracts for public buildings and public works -
attestation - public notice and comment - violation -
codification - 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 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 processes occurring in the United
States. All components of the product must be of United States
origin. A component is consi dered to be a product of United States
origin if all of its manufacturing processes occur in the United
States, regardless of the origin of its subcomponents; and
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2. “Public building or public work ” means any structure,
building, highway, waterway, street, bridge, transit system,
airport, or other betterment, work, or improvement, whether of a
permanent or temporary nature and whether 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, locomotives,
passenger buses, wires, poles and equipment for electrification of a
transit system, rails, tracks, roadbeds, guideways, elevated
structures, buildings, schools, hospitals, stations, terminals,
docks, shelters, and repairs to 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, re construction, alteration, repair,
improvement, or maintenance of a public 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 shall be manufactured or produced in the
United States. All solicitation documents for such contracts shall
clearly state such requirement. Any bid or proposal that does not
affirmatively attest that the bidder rea d and understood such
requirement shall not be considered by the agency or entity, or
person making purchases on behalf of such agency or entity.
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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 requirement s 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 the United
States shall increase the cost of construction, reconstru ction,
alteration, repair, improvement, or maintenance of a public 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 adequat e notice to the public and to
individuals, firms, or corporations that intend to submit or have
submitted bids or proposals for such contracts for public buildings
or public works. The State Purchasing Director shall a llow seven
(7) calendar days for public comment on the appeal. If after the
public comment period the State Purchasing Director authorizes the
exemption of a contract from the requirements of subsection B of
this section, he or she shall provide public no tice of the
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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 this
section. If the State Purchasing Director determines after a review
of the contract and the actions of the individual, firm, or
corporation that an intentional violation 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 negotiated by this
state or by the United States on behalf of or including this state
with a foreign nation or government for nondiscriminatory
governmental procuremen t practices or policies with such for eign
nation or government.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
February 29, 2024 - DO PASS AS AMENDED BY CS