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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1849 By: Paxton
AS INTRODUCED
An Act relating to cooperative purchasing agreements;
amending 61 O.S. 2021, Section 139, which relates to
the authority to enter coop erative purchasing
agreements; establishing monetary limit for certain
agreement; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 61 O.S. 2021, Section 139, i s
amended to read as follows:
Section 139. A. In addition to any authority to enter an
agreement pursuant to the Interlocal Cooperation Act, any school
district, including a technology school district, may either
participate in, sponsor, conduct or admin ister a cooperative
purchasing agreement for the acquisition of any commodities or
services with one or more public agencies in accordance with an
agreement entered into between the participants. Such cooperative
purchasing may include, but is not limited to, joint or multiparty
contracts between public agencies and open -ended state public
procurement contracts. No school district, including a technology
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school district, shall enter into an agreement under the provisions
of this section that exceeds One Million Dollars ($1,000,000.00).
B. Any local public procurement unit may either participate in,
sponsor, conduct or administer a cooperative or piggybacking
purchasing agreement for the acquisition of any commodities or
services, including construction se rvices, with one (1) or more
public procurement units or external procurement u nits in accordance
with an agreement entered into between the participants. Such
cooperative purchasing may include, but is not limited to, jo int or
multiparty contracts betwee n public procurement units and open-ended
state public procurement unit contracts which are made available to
local public procurement units. Purchases made in accordance with
this subsection by a local public procurement unit shall be required
to satisfy any procurement regulation, i ncluding The Central
Purchasing Act, the Public C ompetitive Bidding Act, the Finance Act,
related administrative rules and federal regulations that may apply
due to the federal source of the f unding for the anticipated
purchase.
C. For purposes of this section, the following definitions
apply:
1. “Local public procurement unit ” shall mean, inter alia, any
county, city, town, state agency, and any other subdivision of the
state or public unit or agency thereof;
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2. “External procurement unit” shall mean any buying
organization in the United States not lo cated in this state which,
if located in this state, would qualify as a public procurement
unit; and
3. “Cooperative or piggybacking purchasin g agreement” shall
mean an agreement between a local public procurement unit and
another local public procurement unit or an external procurement
unit to authorize the use of a contract procured by one of the
parties to the agreement to benefit the other party to the
agreement. This term shall also mean an agreement that provides
access to a product or service that is lower in price than a
comparable product or service that is available through the usage of
a statewide, multistate or multigovernmental cont ract issued by the
state Purchasing Division.
D. Nothing in this section shall supersede the obligation of a
state agency to adhere to rules regarding statewide contracts issued
by the state Purchasing Division. Neither shall any provision of
this section be construed to waive the obliga tion of a state agency
to utilize a mandatory purchasing contract as designated by the
State Purchasing Director.
SECTION 2. This act shall become effective November 1, 2024.
59-2-3280 MSBB 1/17/2024 5:12:49 PM