| 41 | | - | [ cooperative purchasing agreements - interlocal |
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| 42 | | - | cooperative agreements - effective date ] |
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| 40 | + | COMMITTEE SUBSTITUTE |
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| 41 | + | |
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| 42 | + | An Act relating to cooperative purchasing agreements; |
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| 43 | + | amending 61 O.S. 2021, Secti on 139, which relates to |
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| 44 | + | the authority to enter coop erative purchasing |
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| 45 | + | agreements; establishing monetary limit for certain |
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| 46 | + | agreement; removing construction services from |
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| 47 | + | inclusion in certain agreement; directing certain |
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| 48 | + | services be excluded from certain agreement; updating |
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| 49 | + | statutory reference; amending 70 O.S. 2021, Section |
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| 50 | + | 5-117b, which relates to interlocal cooperative |
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| 51 | + | agreements between boards of education; subjecting |
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| 52 | + | agreements to certain monetary limitation; and |
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| 53 | + | providing an effective date . |
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| 43 | 54 | | |
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| 44 | 55 | | |
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| 45 | 56 | | |
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| 46 | 57 | | |
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| 47 | 58 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 48 | 59 | | SECTION 1. AMENDATORY 61 O.S. 2021, Section 139, is |
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| 49 | 60 | | amended to read as follows: |
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| 50 | 61 | | Section 139. A. In addition to any authority to enter an |
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| 51 | 62 | | agreement pursuant to the Interlocal Cooperation Act, any school |
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| 52 | 63 | | district, including a technology school district, may either |
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| 53 | 64 | | participate in, sponsor, conduct or administer a cooperative |
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| 54 | 65 | | purchasing agreement for the acquisition of any commodities or |
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| 55 | 66 | | services with one or more public agencies in accordance with an |
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| 56 | | - | agreement entered into between the participants. Such cooperative |
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| 57 | | - | purchasing may include, but is not limited to, joint or multiparty |
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| 58 | | - | contracts between public agencies and open -ended state public |
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| 59 | | - | procurement contracts. No school district, including a technology |
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| 60 | | - | school district, shall enter into an agreement under the provisions |
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| 61 | | - | of this section that exceeds One Million Dollars ($1,000,000.00). |
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| 93 | + | agreement entered into between the participants. Such cooperative |
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| 94 | + | purchasing may include, but is not limited to, joint or multiparty |
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| 95 | + | contracts between public agencies and open -ended state public |
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| 96 | + | procurement contracts. No school district, including a technology |
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| 97 | + | school district, shall enter into an agreement under the provisions |
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| 98 | + | of this section that exceeds One Million Dollars ($1,000,000.00). |
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| 89 | 99 | | B. Any local public procurement unit may eithe r participate in, |
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| 90 | 100 | | sponsor, conduct, or administer a cooperative or piggybacking |
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| 91 | 101 | | purchasing agreement for the acquisition of any commodities or |
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| 92 | 102 | | services, including construction excluding any services that require |
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| 93 | 103 | | labor, with one (1) or more public procurement units or external |
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| 94 | 104 | | procurement units in accordance with an agreement entered into |
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| 95 | 105 | | between the participants. Such cooperative purchasing may include, |
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| 96 | 106 | | but is not limited to, jo int or multiparty contracts between public |
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| 97 | 107 | | procurement units and open-ended state public procurement unit |
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| 98 | 108 | | contracts which are made available to local public procurement |
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| 99 | 109 | | units. Purchases made in accordance with this subsection by a local |
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| 100 | 110 | | public procurement unit shall be required to satisfy any p rocurement |
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| 101 | 111 | | regulation, including The the Oklahoma Central Purchasing Act, the |
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| 102 | 112 | | Public Competitive Bidding Act of 1974, the Oklahoma State Finance |
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| 103 | 113 | | Act, related administrative rules and federal regulations that may |
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| 104 | 114 | | apply due to the federal source of the f unding for the anticipated |
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| 105 | 115 | | purchase. |
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| 106 | | - | C. For purposes of this section, the following definitions |
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| 107 | | - | apply: |
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| 108 | | - | 1. “Local public procurement unit” shall mean, inter alia, any |
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| 109 | | - | county, city, town, state agency, and any other subdivision of the |
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| 110 | | - | state or public unit or agency thereof; |
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| 111 | | - | 2. “External procurement unit” shall mean any buying |
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| 112 | | - | organization in the United States not lo cated in this state which, |
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| 142 | + | C. For purposes of this section, the following defi nitions |
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| 143 | + | apply: |
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| 144 | + | 1. “Local public procurement unit ” shall mean, inter alia, any |
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| 145 | + | county, city, town, state agency, and any other subdivision of the |
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| 146 | + | state or public unit or agency thereof; |
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| 147 | + | 2. “External procurement unit” shall mean any buying |
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| 148 | + | organization in the United States not lo cated in this state wh ich, |
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| 140 | 149 | | if located in this state, would qualify as a public pr ocurement |
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| 141 | 150 | | unit; and |
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| 142 | 151 | | 3. “Cooperative or piggybacking purchasin g agreement” shall |
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| 143 | 152 | | mean an agreement between a local public procurement unit and |
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| 144 | 153 | | another local public procurement unit or an external procurement |
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| 145 | 154 | | unit to authorize the use of a contract procured by one of the |
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| 146 | 155 | | parties to the agreement to benefit the other party to the |
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| 147 | 156 | | agreement. This term shall also mean an agreement that p rovides |
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| 148 | 157 | | access to a product or service that is lower in price than a |
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| 149 | 158 | | comparable product or service that is available through the usage of |
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| 150 | 159 | | a statewide, multistate or multigovernmental cont ract issued by the |
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| 151 | 160 | | state Purchasing Division . |
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| 152 | 161 | | D. Nothing in this section shall supersede the obligation of a |
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| 153 | 162 | | state agency to adhere to rules regarding statewide contracts issued |
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| 154 | 163 | | by the state Purchasing Division. Neither shall any provision of |
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| 155 | 164 | | this section be construed to waive the obligation of a s tate agency |
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| 156 | | - | to utilize a mandatory purchasing contract as designated by the |
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| 157 | | - | State Purchasing Director. |
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| 158 | | - | SECTION 2. AMENDATORY 70 O.S. 2021, Section 5 -117b, is |
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| 159 | | - | amended to read as follows: |
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| 160 | | - | Section 5-117b. A. The boards of educatio n of any two or more |
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| 161 | | - | school districts may enter into an interlocal cooperative agr eement |
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| 162 | | - | for the purpose of jointly and comparatively performing any of the |
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| 163 | | - | services, duties, functions, activities, obligations , or |
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| 191 | + | to utilize a mandatory purchasing contract as designated by the |
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| 192 | + | State Purchasing Director. |
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| 193 | + | SECTION 2. AMENDATORY 70 O.S. 2021, Section 5 -117b, is |
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| 194 | + | amended to read as follows: |
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| 195 | + | Section 5-117b. A. The boards of educatio n of any two or more |
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| 196 | + | school districts may ent er into an interlocal cooperative agreement |
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| 197 | + | for the purpose of jointly and comparatively performing any of the |
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| 198 | + | services, duties, functions, activities, obligations , or |
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| 191 | 199 | | responsibilities which are authorized or req uired by law to be |
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| 192 | 200 | | performed by school distr icts of this state. Two or more school |
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| 193 | 201 | | districts may enter into an interlocal cooperative agreement for the |
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| 194 | 202 | | purpose of forming buying po ols and purchasing cooperatives . As |
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| 195 | 203 | | used in this section, “interlocal cooperative agreement” means an |
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| 196 | 204 | | agreement which is entered into by the boards of education of two or |
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| 197 | 205 | | more school districts pursuant to the provisions of this section. |
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| 198 | 206 | | This section shall not prohibit school distr icts from entering into |
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| 199 | 207 | | cooperative agreements a uthorized under Section 5-117 of this title |
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| 200 | 208 | | or interfere with existing cooperative agreeme nts between school |
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| 201 | 209 | | districts. If the boards of education o f any two or more school |
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| 202 | 210 | | districts enter into an interlocal cooperative agreement the |
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| 203 | 211 | | following conditions may apply: |
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| 204 | 212 | | 1. An interlocal cooperative agr eement shall establish a board |
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| 205 | 213 | | of directors which shall be responsible for administering the joint |
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| 206 | 214 | | or cooperative undertaking. The agreement shall specify the |
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| 207 | | - | organization, terms, and composition of, and manner of appointment |
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| 208 | | - | to, the board of directors and shall make provision for |
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| 209 | | - | restructuring or terminating the board upon partial or complete |
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| 210 | | - | termination of the agreement. The board of di rectors shall be |
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| 211 | | - | selected by the board of education of each contracting sc hool |
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| 212 | | - | district and may include but not be limited to a board member, |
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| 213 | | - | administrator, or teacher from each contracting school district. |
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| 214 | | - | Vacancies in the membership of the board of directors shall be |
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| 241 | + | organization, terms, and composition of, and manner of appointment |
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| 242 | + | to, the board of directors an d shall make provision for |
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| 243 | + | restructuring or terminating the board upon partial or complete |
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| 244 | + | termination of the agreement. The board of di rectors shall be |
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| 245 | + | selected by the board of education of each contracting sc hool |
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| 246 | + | district and may include but not be limi ted to a board member, |
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| 247 | + | administrator, or teacher from each contracting school district. |
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| 248 | + | Vacancies in the membership of the board of directors shall be |
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| 242 | 249 | | filled within thirty (30) days from the date of the vacancy in the |
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| 243 | 250 | | manner specified in the agreement; |
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| 244 | 251 | | 2. An interlocal cooperative agreement which is optional to |
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| 245 | 252 | | school districts and shall be effective only a fter it is approved by |
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| 246 | 253 | | the State Board of Education and the board of directors may be |
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| 247 | 254 | | designated as a loca l education agency for some or all state and |
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| 248 | 255 | | federal application, reporting , and auditing procedures. An |
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| 249 | 256 | | interlocal cooperative board of directors that has been designated |
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| 250 | 257 | | as a local education agency shall comply with state and federal law |
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| 251 | 258 | | and the regulations of the State Board o f Education; |
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| 252 | 259 | | 3. An interlocal cooperative agreement shall be subj ect to |
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| 253 | 260 | | change or termination by a recommendation of the Sta te Board of |
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| 254 | 261 | | Education; |
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| 255 | 262 | | 4. The duration of an interlocal cooperative agreement for |
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| 256 | 263 | | joint or cooperative ac tion in performing any of the services, |
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| 257 | 264 | | duties, functions, activities, oblig ations, or responsibilities, |
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| 258 | | - | other than the provision of special education services, which are |
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| 259 | | - | authorized or required by law of school districts in this state, |
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| 260 | | - | shall be for a term of not less than one (1) year. Notice of intent |
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| 261 | | - | of a school district to withdraw from the cooperative agreement must |
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| 262 | | - | shall be given no later than March 15 for the ensuing school year; |
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| 263 | | - | 5. An interlocal cooperative agreement shall specify the method |
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| 264 | | - | or methods to be employed for disposing of prop erty upon partial or |
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| 265 | | - | complete termination of the agreement; |
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| 291 | + | other than the provision of special education services, which are |
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| 292 | + | authorized or required by law of school districts in this state, |
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| 293 | + | shall be for a term of not less than one (1) year. Notice of int ent |
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| 294 | + | of a school district to withdraw from the cooper ative agreement must |
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| 295 | + | shall be given no later than Mar ch 15 for the ensuing school year; |
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| 296 | + | 5. An interlocal cooperative agreement shall specify the method |
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| 297 | + | or methods to be employed for disposing of property upon partial or |
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| 298 | + | complete termination of the agreement; |
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| 293 | 299 | | 6. Within the limitations provided by law, an interlocal |
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| 294 | 300 | | cooperative agreement may be changed or modified by majority consent |
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| 295 | 301 | | of the interlocal cooperative board of directors; |
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| 296 | 302 | | 7. Except as otherwise specifically provided in this section, |
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| 297 | 303 | | any powers, privileges, or authority exercised or capable of bein g |
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| 298 | 304 | | exercised by any school district of this state, or by any board of |
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| 299 | 305 | | education thereof, may be jointly exe rcised pursuant to the |
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| 300 | 306 | | provisions of an inter local cooperative agreement. Federal grant |
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| 301 | 307 | | money, applied for on behalf of a school district, may be disbursed |
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| 302 | 308 | | directly to a an interlocal cooperative with the consent of the |
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| 303 | 309 | | school districts comprising the inte rlocal cooperative. No powers, |
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| 304 | 310 | | privileges, or authority with respect to the levy and collection of |
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| 305 | 311 | | taxes or the application for or receipt of State Aid formula money, |
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| 306 | 312 | | or the issuance of bonds sh all be created or effectuated for joint |
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| 307 | 313 | | exercise pursuant to the provisions of an interlocal cooperative |
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| 308 | 314 | | agreement; and |
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| 344 | 349 | | C. Nothing contained in this section shall be const rued to |
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| 345 | 350 | | abrogate, interfere with, impair, qualify , or affect in any manner |
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| 346 | 351 | | the exercise and enjoyment of all the powers, privileges , and |
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| 347 | 352 | | authority conferred upon school districts and boards of education by |
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| 348 | 353 | | law, except that boards of edu cation and school di stricts are |
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| 349 | 354 | | required to comply with the provisions o f this section when entering |
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| 350 | 355 | | into an interlocal coope rative agreement that meets the definition |
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| 351 | 356 | | of an interlocal cooperative agreement. |
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| 352 | 357 | | SECTION 3. This act shall become effective November 1, 2024. |
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