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SENATE FLOOR VERSION
February 27, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1849 By: Thompson (Kristen) and
Paxton
[ cooperative purchasing agreements - interlocal
cooperative agreements - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
SECTION 1. AMENDATORY 61 O.S. 2021, Section 139, is
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 administer a coope rative
purchasing agreement for the acquisition of any commodities or
services with one or more public agenc ies 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
school district, shall enter into an agreement under the provisions
of this section that exceeds One Million Dollars ($1,000,000.00).
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B. Any local public procurement unit may eithe r participate in,
sponsor, conduct, or administer a cooperative or piggybacking
purchasing agreement for the acquisition of any commodities or
services, including construction excluding any services that require
labor, with one (1) or more public procurement units or external
procurement units 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 between public
procurement units and open-ended state public procurement unit
contracts which are made available to local public procu rement
units. Purchases made in accordance with this subsection by a local
public procurement unit shall be required to satisfy any p rocurement
regulation, including The the Oklahoma Central Purchasing Act, the
Public Competitive Bidding Act of 1974, the Oklahoma State 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;
2. “External procurement unit” shall mean any buying
organization in the United States not lo cated in this state which,
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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 p rovides
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 super sede 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 obligation of a s tate agency
to utilize a mandatory purchasing contract as designated by the
State Purchasing Director.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 5 -117b, is
amended to read as follows:
Section 5-117b. A. The boards of educatio n of any two or more
school districts may enter into an interlocal cooperative agr eement
for the purpose of jointly and comparatively performing any of the
services, duties, functions, activities, obligations , or
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responsibilities which are authorized or req uired by law to be
performed by school districts of this state. Two or more scho ol
districts may enter into an interlocal cooperative agreement for the
purpose of forming buying po ols and purchasing cooperatives . As
used in this section, “interlocal cooperative agreement” means an
agreement which is entered into by the boards of educ ation of two or
more school districts pursuant to the provisions of this section.
This section shall not prohibit school distr icts from entering into
cooperative agreements a uthorized under Section 5-117 of this title
or interfere with existing cooperativ e agreements between school
districts. If the boards of education of any two or more school
districts enter into an interlocal cooperative agreement the
following conditions may apply:
1. An interlocal cooperative agreement shall establish a board
of directors which shall be responsible for administering the joint
or cooperative undertaking. The agreement shall specify the
organization, terms, and composition of, and manner of appointment
to, the board of directors and shall make provision for
restructuring or terminating the board upon partial or complete
termination of the agreement. The board of di rectors shall be
selected by the board of education of each contracting sc hool
district and may include but not be limited to a board member,
administrator, or teacher from each contracting school district.
Vacancies in the membership of the board of directors shall be
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filled within thirty (30) days from the date of the vacancy in the
manner specified in the agreement;
2. An interlocal cooperative agreement which is optional to
school districts and shall be effective only after it is approved by
the State Board of Education and the board of directors may be
designated as a loca l education agency for some or all state and
federal application, reporting , and auditing procedures. An
interlocal cooperative board of directors that has been designated
as a local education agency shall comply with state and federal law
and the regulations of the State Board o f Education;
3. An interlocal cooperative agreement shal l be subject to
change or termination by a recommendation of the State Board of
Education;
4. The duration of an interlocal cooperative agreement for
joint or cooperative ac tion in performing any of the services,
duties, functions, activities, oblig ations, or responsibilities,
other than the provision of special education services, which are
authorized or required by law of school districts in this state,
shall be for a term of not less than one (1) year. Notice of intent
of a school district to withdraw from the cooperative agreement must
shall be given no later than March 15 for the ensuing school year;
5. An interlocal cooperative agreement shall specify the method
or methods to be employed for disposing of prop erty upon partial or
complete termination of the agreement;
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6. Within the limitations provided by law, an interlocal
cooperative agreement may be changed or modified by majority consent
of the interlocal cooperative board of directors;
7. Except as otherwise specifically provided in this sectio n,
any powers, privileges, or authority exercised or capable of being
exercised by any school district of t his state, or by any board of
education thereof, may be jointly exe rcised pursuant to the
provisions of an interlocal cooperative agreement. Federal grant
money, applied for on behalf of a school district, may be disbursed
directly to a an interlocal cooperative with the consent of the
school districts comprising the inte rlocal cooperative. No powers,
privileges, or authority with respect to the levy and collection of
taxes or the application for or receipt of State Aid formula money,
or the issuance of b onds shall be created or effectuated for joint
exercise pursuant to the provisions of an interlocal cooperat ive
agreement; and
8. Payments from the general fund of each school district which
enters into any interlocal cooperative agree ment for the purpose of
financing the joint or cooperative undertaking provided for by t he
agreement shall be op erating expenses.
B. An interlocal cooperative agreement entered into pursuant to
the provisions of this section shall be subject to the monetary
limitation provided for in Section 139 of Title 61 of the Oklahoma
Statutes.
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C. Nothing contained in this section shall be c onstrued to
abrogate, interfere with, imp air, qualify, or affect in any manner
the exercise and enjoyment of all the powers, privileges , and
authority conferred upon school districts and boards of education by
law, except that boards of edu cation and school districts are
required to comply with t he provisions of this section when entering
into an interlocal cooperative agreement that meets the definit ion
of an interlocal cooperative agreement.
SECTION 3. This act shall become effective Nove mber 1, 2024.
COMMITTEE REPORT BY: COMMIT TEE ON EDUCATION
February 27, 2024 - DO PASS AS AMENDED BY CS