SENATE FLOOR VERSION - SB1948 SFLR Page 1
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SENATE FLOOR VERSION
February 22, 2024
AS AMENDED
SENATE BILL NO. 1948 By: Stewart
An Act relating to county purchasing; amending 19
O.S. 2021, Sections 1501, as amended by Section 1,
Chapter 94, O.S.L. 2022, and 1505, as amended by
Section 3, Chapter 94, O.S.L. 2022 (19 O.S. Supp.
2023, Sections 1501 and 1505), which relate to county
purchasing agents and procedures; removing certain
references; changing certain procedu res relating to
bidders; updating statutory language; updating
statutory reference; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 1501, as
amended by Section 1, C hapter 94, O.S.L. 2022 (19 O.S. Supp. 2023,
Section 1501), is amended to read as follows:
Section 1501. A. The county purchasing agent:
1. Shall, within the amount of the unencumbered balance, make
all purchases that are p aid from county funds for the various
institutions, departments , officers, and employees of the county,
except at public auctio ns and as otherwise provided for by law;
2. May make purchase s for political subdivisions of this state
within the county if authorized by appropriate action of the
governing board or body of the political subdivision aff ected;
SENATE FLOOR VERSION - SB1948 SFLR Page 2
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Shall make purcha ses and rental or lease-purchase agreements
only after following the bidding procedures as provided for by law,
except:
a. when the purchase does not exceed Twenty -five Thousand
Dollars ($25,000.00) by department. All purc hases
made pursuant to this subparagrap h shall be by a
single purchase order. Splitting purchase ord ers
which would result in paying an amount in excess of
the limitations specified in this subparagraph is
expressly prohibited. Any person convicted of
violating the provisions of this su bparagraph shall be
guilty of a misdemeanor and such person shall forfeit
the person’s position or office,
b. when the total payments o f a rental or lease-purchase
agreement do not exceed the curren t bid limit as
established in subparagraph a of this paragraph,
c. when articles and items are covered by single -source
contracts,
d. service or maintenance contracts on equipment or
machinery which are entered into at the time of the
purchase of the equipment or machinery,
e. purchases made pursuant to a blanket purchase order as
provided for in Section 310.8 of Title 62 of the
Oklahoma Statutes,
SENATE FLOOR VERSION - SB1948 SFLR Page 3
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
f. when materials for road or bridge improvement s do not
exceed Seven Dollars ($7.00) per yard or per ton,
g. purchases of fuel if the c ounty purchasing agent
obtains quotes from at least three vendors prior to
the purchase and the lowes t and best quote is
selected. Documentation of these quotes shall be
recorded in the permanent records of the clerk,
h. purchases of tools, apparatus, machiner y, or equipment
from a state agency or a pol itical subdivision of the
state as provided for in subsection C of Section 421.1
of this title,
i. purchases of food for prisoners incarcerated in the
county jail; provided, in count ies having a population
in excess of one hundred thousand (100,0 00) persons,
the county purchasing agent shall follow bidding
procedures as provided by law unless the county
purchasing agent obtains quotes pursuant to the whole
total of food items requisitioned prior to the
purchase and the lowest and best quote is selected.
Documentation of these quotes shall be recorded in the
permanent records of the county clerk,
j. when a county solicits bi ds for the purchase of
processed native materials for road and bridge
improvements, the county may accept all bids received,
SENATE FLOOR VERSION - SB1948 SFLR Page 4
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
with the lowest and best bid from those accepted to be
selected at the time of opening of any construction
project. The selection of the bid shall be based upon
availability, bid price, plus transportation costs,
k. when a vendor has been selected as the lowest and best
bidder to furnish a particular item or items to the
county during a specified time per iod and in the event
the vendor is unable to perform, the purchasing agent
may solicit telephone quotes for the item or i tems
needed select the next lowest and best bidder from the
list of qualified bidders and provide for the purchase
of the items at the lowest and best quote available .
All vendors submittin g bids for the specific product
or service will be considered and at the amount they
bid,
l. when considering the purchase of an item or items from
the state bid list as provided by the Office of
Management and Enterprise Services or the General
Services Administration, if the same exact item is
available from a local vendor at or below the price
listed on the state bid list or the General Servic es
Administration list, the item may be obtained from the
vendor,
SENATE FLOOR VERSION - SB1948 SFLR Page 5
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
m. any item or items bid by the Office of Management and
Enterprise Services which may be purchased by the
county, provided the vendor is willing to supply the
item or items to the county at the bi d price,
n. when a county obtains proceeds from the sale of its
property at a public auction, that county may use
those proceeds to acquire items previously ident ified
as needed by the county at the same pu blic auction
pursuant to subsection D of Se ction 1505 of this
title,
o. when an item or items have been co mpetitively bid by a
county, or on behalf of a group of counties, provided:
(1) the notice to bidders shall list eac h county
which may participate in the purchase of the item
or items being bid,
(2) the notice of bid is advertised, as provided by
law, in each of the counties which may
participate in the purchase of the item or items,
(3) all vendors on the lis t of qualified bidders of
each participating county who offer the item or
items for sale received notice of the bid
request, and
(4) the vendor awarded the bid is willing and able to
provide the item or items at the bid price,
SENATE FLOOR VERSION - SB1948 SFLR Page 6
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
p. counties may participate in a nation wide purchasing
program sponsored by the national association
representing counties and local cooperative
procurement agreements en tered into by the counties
and other local jurisdictions or any other
competitively bid nationwide purchasing progr am, or
q. when the Governor declares an emer gency in a county,
the district attorney of that county shall have the
authority to temporarily waive comp etitive bidding
procedures for purchase s that may expedite a response
to the emergency situation. This temporary wa iver
shall be in addition to any powers exercised pursuant
to Section 683.11 of Title 63 of the Oklahoma
Statutes.
The purchases shall be paid by attaching properly itemized
invoices, as described in Section 1505 of this title, to a purchase
order which has been prepared by the county purc hasing agent and
submitting both to the cou nty clerk for filing, encumbering, and
consideration for paymen t by the board of county commissioners;
4. Shall not furnish any supplies, materials, equipment, or
other articles, except upon receipt o f a requisition signed by a
county officer. Written requisitions will not be required for
blanket purchase orders as provided for in Section 310.8 of Title 62
of the Oklahoma Statutes. Each county officer may designate not
SENATE FLOOR VERSION - SB1948 SFLR Page 7
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
more than two employees who also shall be a uthorized to sign
requisitions in the absen ce of the county officer. A written
designation of the employe es shall be filed with the county clerk
and shall be entered in the minutes of the board of county
commissioners. The county may designat e two individuals who are not
county employees for each of the following entities within the
county to act as receiving and requisitioning officers:
a. fire protection districts organized and operat ed
pursuant to the provisi ons of Sections 901.1 through
901.29 of this title,
b. fire protection services establi shed pursuant to the
provisions of Section 351 of this title,
c. volunteer or full-time fire departments established
pursuant to Section 592 of Title 18 of the Oklahoma
Statutes, and
d. municipal fire departments organized and operated
pursuant to the provisions of Sections 29 -101 through
29-108 and Sections 29-201 through 29-204 of Title 11
of the Oklahoma Statutes.
A written designation of thes e individuals shall be fil ed with
the county clerk and shall be entere d in the minutes of the board of
county commissioners meeting in which the designations are made.
Further, entities described in subparagraphs a , b, c, and d of this
paragraph, choosing to have any nonemployee of the coun ty designated
SENATE FLOOR VERSION - SB1948 SFLR Page 8
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
as a receiving and requisitioning officer shall provide evidence of
blanket bond coverage or employee dishonesty liability insurance for
each such designee;
5. Shall make lease or lease-purchase agreements for road
machinery and equipment if the county has adequate funds
appropriated during any fiscal year for such p urpose and only after
following the bidding procedures as provided for in Section 1505 of
this title. The term of any lease or lease -purchase agreement
authorized pursuant to thi s paragraph may be for any period up to
one (1) year; provided, the term shall not extend beyond the end of
any fiscal year, with an option to renew such agreement subject to
the requirement that adequate funds are approp riated during the
fiscal year by the county for such purpose. The Office of the State
Auditor and Inspector’s Office Inspector shall be notified by the
county of the terms and conditions of a lease or lease -purchase
agreement authorized p ursuant to this paragraph before any such
agreement is made by the county purchasing agent; and
6. Shall perform such other duties as may be delegated by the
appointing authority or as may be provided for by law.
B. Each department of county government needing repairs to
equipment, machinery , or vehicles shall make estimates and
requisition a purchase order from the county purchas ing agent for
repairs not in excess of Ten Thousand Dollars ($10,000.00). Repairs
in excess of Ten Thousand Dollars ($10,000.00 ) shall be submitted on
SENATE FLOOR VERSION - SB1948 SFLR Page 9
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a blanket purchase order as provided in Section 3 10.8 of Title 62 of
the Oklahoma Statutes.
C. Each department of county government needing repairs to
heavy equipment, meaning equipment in excess of ten thousand
(10,000) pounds, shall make estimates and requisition a p urchase
order from the county purchasing agent for repairs not in excess of
Thirty Thousand Dollars ($30,000.00). Repairs in excess of Thirty
Thousand Dollars ($30,000.00) shall be submitted on a blanket
purchase order as provided in Section 310.8 of Title 62 of the
Oklahoma Statutes.
SECTION 2. AMENDATORY 19 O.S. 2021, Section 1505, as
amended by Section 3, Chapter 94, O.S.L. 2022 (19 O.S. Supp . 2023,
Section 1505), is amended to read as follows:
Section 1505. The following procedures shall be used by
counties for the requisit ion, purchase, lease -purchase, rental, and
receipt of supplies, materials, road and bridge construction
services, equipment and information technology and telecommunication
goods, and other services, except for professiona l services as
defined in Section 803 of Title 18, for the maintenance, oper ation,
and capital expenditures of county government unless otherwise
provided for by law.
A. The procedure for requisit ioning items for county o ffices
shall be as follows:
SENATE FLOOR VERSION - SB1948 SFLR Page 10
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. The requesting department shall prepare a requisition form
in triplicate. The requisition shall contain any specifications for
an item as deemed necessa ry by the requesting department . The form
shall be prescribed by the State Auditor and I nspector;
2. The requesting department shall retain a copy of the
requisition and forward t he original requisition and a copy to the
county purchasing agent; and
3. Upon receipt of the requisition, the county purchasing
agent, within two (2) working days, shall begin the bidding and
purchasing process as provided for in this section. Nothing in this
section shall prohibit the transfer of supplies, materials, or
equipment between county departments upon a writ ten agreement
between county officers.
B. The bid procedure for selecting a vendor for the purchase,
lease-purchase, or rental of supplie s, materials, equipment, and
information technology and telecommunication go ods and services used
by a county shall be as follows:
1. The county purchasing agent shall request written
recommendations from all county officers pertaining to needed or
commonly used supplies, materials, road and bridge construction
services, equipment, and information technology and
telecommunication goods and services. From such recommendations and
available requisition, purchase, or inventory records , the county
purchasing agent shall prepare a list of items needed or commonly
SENATE FLOOR VERSION - SB1948 SFLR Page 11
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
used by county officer s. The county purchasing agent shall req uest
from the Purchasing Divis ion or from the Information Services
Division in the case of information technology and telecommunication
goods and services of the Office of Management and Enterprise
Services all contracts quoting the price the state is payi ng for the
items. The county purchasing agent s hall either request the
Purchasing Division or the Information Ser vices Division of the
Office of Management and Enterprise Services, as applicable, to make
the purchase for the county or the county purchasin g agent shall
solicit bids for unit prices on the items for periods of not to
exceed twelve (12) months in the manner described in paragraph 2 of
this subsection. If the county purchasing agent receives a
requisition for an item for which the county purch asing agent does
not have a current bid, the cou nty purchasing agent shall request
from the Purchasing Division or the Information Services Division of
the Office of Management and Enterprise Services, as applicable , all
contracts quoting the price the sta te is paying for the item . The
county purchasing agent shall either request the Purchasing Division
or the Information Services Division of the Office of Management and
Enterprise Services, as applicable, to make t he purchase for the
county or the county purchasing agent shall solicit bids in the
manner described in paragraph 2 of this subsection. Nothing in this
paragraph shall prohibit bid s from being taken on an item currently
on a twelve-month bid list, at any time deemed necessary by the
SENATE FLOOR VERSION - SB1948 SFLR Page 12
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
county purchasing agent. Whenever the county purchasing agent deems
it necessary to take a bid on an item currently on a twelve-month
bid list, the reason for the bid shall be entered into the minutes
of the board of county co mmissioners;
2. Bids shall be solicited by mailing or emailing a notice to
all persons or firms who have made a written request of the county
purchasing agent that they be notified of such bid solicitation and
to all other persons or firms who might reaso nably be expected to
submit bids. Notice of solicitation of bids shall also be published
one time in a newspaper of general circulation in the county.
Notices shall be mailed and published at least ten (10) days prior
to the date on which the bids are op ened. Proof of the mailing or
emailing shall be made by the affidavit of the person mail ing or
emailing the request for bids and shall be made a part of the
official records of the county purchasing agent. The notice shall
specify whether the county will consider written bids, electronic
bids, or both; the decision to exclusively consider either written
bids or electronic bids shall be determined pursuant to an
affirmative vote of the board of county commissioners. Whenever any
prospective supplier or ve ndor dealing in or listing for sale any
particular item or a rticle required to be purchas ed or acquired by
sealed bids fails to enter or offer a sealed bi d for three
successive bid solicitations, the name of the supplier or vendor may
SENATE FLOOR VERSION - SB1948 SFLR Page 13
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
be dropped from the m ailing lists of the board of county
commissioners;
3. The sealed bids received from vendors and the state contract
price received from the applicable Division division of the Office
of Management and Enterprise Services shall be given to the county
clerk by the county purchasing agent. The county clerk shall
forward the sealed bids and state contract price, if any, to the
board of county commissioners;
4. The board of county commissioners, in an open meeting, shall
open the sealed bids and compare them to the sta te contract price.
The board of county commissioners shall select the lowest and best
bid based upon, if applicable, the availability of material and
transportation cost to the job site within thirty (30) days of the
meeting. For any special item not inc luded on the list of needed or
commonly used items, the requ isitioning official shall rev iew the
bids and submit a written recommendation to the board b efore final
approval. The board of county commissioners shall keep a written
record of the meeting as r equired by law, and any time the lowes t
bid was not considered to be th e lowest and best bid, the reason for
such conclusion shall be recorded. Whenever the board of county
commissioners rejects the written recommendation of the
requisitioning official pe rtaining to a special item, the reason s
for the rejection sh all be entered in their minut es and stated in a
letter to the requisitioning official and co unty purchasing agent;
SENATE FLOOR VERSION - SB1948 SFLR Page 14
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. The county purchasing agent shall notify the successful
bidders and shall mai ntain a copy of the notification. The county
purchasing agent shall pr epare and maintain a vendors list
specifying the successful bidders and shall no tify each county
officer of the list. The county purchasing agent may remove any
vendor from such list w ho refuses to provide goods or servic es as
provided by contract if the removal is authori zed by the board of
county commissioners. The county purchasing agent may make
purchases from the successful remaining bidders for a price at or
below the bid price. If a vendor who is the low bidder cannot or
will not sell goods or ser vices as required by a county bid
contract, the county purchasing agent may make a one -time purchase
from the next lowest or best quote or take quotations as provided in
paragraph 6 of this subsection; provided, however, such purcha se
does not exceed Twenty -five Thousand Dollars ($25,000.00) as the
amount specified in subparagraph a of paragrap h 3 of subsection A of
Section 1501 of this title; and
6. When bids have been solicited as provided f or by law and no
bids have been receive d, the procedure shall be as follows:
a. the county purchasing agent shall determine if
potential vendors are wil ling to commit to a firm
price for a reduced period of time, and, if such is
the case, the bid pro cedure described in this
subsection shall be followed,
SENATE FLOOR VERSION - SB1948 SFLR Page 15
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
b. if vendors are not willing to commit to a firm price
for a reduced period, the purchasing agent sha ll
solicit and record at least th ree quotes of current
prices available to the county and authorize the
purchase of goods or services based on the lowest and
best quote as it becomes necessary to acquire such
goods or services. The quotes shall be recorde d on a
form prescribed by the State Auditor and Inspector and
shall be attached to the purchase ord er and filed with
the county clerk’s copy of the purchase order . Any
time the lowest quote wa s not considered to be the
lowest and best quote, the reason fo r this conclusion
shall be recorded by the county purchasing agent and
transmitted to the county clerk, o r
c. if three quotes are not available, a memorandum to the
county clerk from the county purchasing agent shall
describe the basis upon which a purcha se is
authorized. The memorandum shall state the reasons
why the price for such a purchase is the l owest and
best under the circumstances. The county clerk shall
then attach the memorandum to the county clerk’s copy
of the purchase order and file both in the office of
the county clerk.
SENATE FLOOR VERSION - SB1948 SFLR Page 16
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. After selection of a vendor, the procedure for the purchase,
lease-purchase, or rental of supplies, materials, road and bridge
construction services, equipment, and information technology and
telecommunication goods and services used by a county shall be as
follows:
1. The county purchasing agent shall prepare a purchase orde r
in quadruplicate and submit it with a copy of the requisition to the
county clerk;
2. The county clerk shall then encumber the amount stated o n
the purchase order and assign a seq uential number to the purchase
order;
3. If there is an unencumbered ba lance in the appropriation
made for that purpose by the county excise board, the county clerk
shall so certify in the following form:
“I hereby certify that the amount of this encumbrance has been
entered against the designated appropriation accounts and tha t this
encumbrance is within the authorized available balance of the
appropriation.
Dated this ________ day of ________, 20__.
________________________________
County Clerk/Deputy
of _____________________ County.”.
In instances where it is impossible to a scertain the exact amount of
the indebtedness sought to be incurred at the t ime of recording the
SENATE FLOOR VERSION - SB1948 SFLR Page 17
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
encumbrance, an estimated amount may be used. No purchase order
shall be valid unless signed by the county purchasing agent and
certified by the county clerk; a nd
4. The county clerk shall file the original purchase order and
return three copies to the county purchasing agent who shall file a
copy, retain a copy for t he county road and bri dge inventory officer
if the purchase order is for the purchase of equip ment, supplies, or
materials for the construction or maintenance of roads an d bridges,
and submit the other copy to the receiving officer of the requesting
department.
D. 1. The procedure for the purchase of supplies, materials,
equipment, and information technology and telecommunication goods
and services at public auction or by sealed b id to be used by a
county shall be as follows:
a. the county purchasing agent shall prepare a purch ase
order in quadruplicate and submit it with a copy of
the requisition to the county clerk,
b. the county clerk shall then encumber the amount stat ed
on the purchase order and assign a sequential number
to the purchase order,
c. if there is an unencumbered balance in the
appropriation made for that purpose by the county
excise board, the county clerk shall so certify in the
following form:
SENATE FLOOR VERSION - SB1948 SFLR Page 18
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
“I hereby certify that the amount of this encumbrance
has been entered against the designated ap propriation
accounts and that this encumbrance is within the
authorized available balance of t he appropriation.
Dated this ________ day of ________, 20__.
________________________________
County Clerk/Deputy
of _____________________ County.”.
In instances where it is impossible to ascertain the
exact amount of the indebtedness sought to be incurred
at the time of recording the encumbrance, a n estimated
amount may be used. No purchase order shall be valid
unless signed by the county purchasing agent and
certified by the county cl erk, and
d. the county clerk shall file the original purchase
order and return three copies to the county purchasing
agent who shall file a copy, re tain a copy for the
county road and bridge inventory officer if the
purchase order is for the purchase of equipment,
supplies, or materials for the construction or
maintenance of roads and bridges, and submit the other
copy to the receiving officer of the requesti ng
department.
SENATE FLOOR VERSION - SB1948 SFLR Page 19
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. The procedure for the purchase of supplies, materials, and
equipment at a public a uction when the purchase will be made with
the proceeds from the sale of county property at the same public
auction are as follows:
a. the purchasing agent shall cause such items being sold
to be appraised in the manner determined in Section
421.1 of this title,
b. the county purchasing agent shall prepare a purchase
order in quadruplicate and submit it with a copy of
the requisition to the county clerk,
c. the county clerk shall then encumber the amount of the
appraised value and any additional funds oblig ated by
the county on the purchase order and assign a
sequential number to the purchase order,
d. the county clerk shall certify that the amount of the
encumbrance is equal to the appraised value of the
item being sold plus any additional funds obligated by
the county. In effect the recording of the
encumbrance is an estimate t hat is authorized by law.
No purchase order shall be valid unless signed by the
county purchasing agent and certified by the county
clerk,
e. the county clerk shall file the origina l purchase
order and return three copies to the county purchasing
SENATE FLOOR VERSION - SB1948 SFLR Page 20
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
agent who shall file a copy, retain a copy for the
county road and bridge inventor y officer if the
purchase order is for the purchase of equipment,
supplies, or materials for the construction or
maintenance of roads and bridges, and submit the other
copy to the receiving officer of the requesting
department, and
f. a purchase shall not be bid until such time that the
appraised item or items are sold. Any item or items
purchased shall not exce ed the appraised value plus
any additional funds obligated by the county or the
actual selling price of the item or items, whichever
is the lesser amount.
E. The procedure for the receipt of items shall be as follows:
1. A receiving officer for the requesting department shall be
responsible for receiving all items delivered to that department;
2. Upon the delivery of an item, the receiving officer shall
determine if a purchase order exists for the item being delivered;
3. If no such purchase order has b een provided, the receiving
officer shall refuse delivery of the item;
4. If a purchase order is on file, the receiving officer shall
obtain a delivery ticket, bill of lading, or other delivery document
and compare it with the purchase order. If any item is back-
SENATE FLOOR VERSION - SB1948 SFLR Page 21
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ordered, the back order and estimated date of delivery shall be
noted in the receiving report;
5. The receiving officer shall complete a receivi ng report in
quadruplicate which shall state the quantity and quality of goods
delivered. The receiving report form shall be prescribed by the
State Auditor and Inspector . The person delivering the goods shall
acknowledge the delivery by signature, noting the date and time;
6. The receiving officer shall file the or iginal receiving
report and submit:
a. a copy of the purchase order and a copy of the
receiving report to the county purchasing agent, and
b. a copy of the receiving report with the delivery
documentation to the county clerk;
7. The county purchasing agent shall file a c opy of the
purchase order and a copy of the receiving report;
8. Upon receipt of the orig inal receiving report and the
delivery documentation, the county clerk shall mai ntain a file until
such time as an invoice is received from the vendor ;
9. The invoice shall state the name and address of the vendor
and must be sufficiently itemized to cle arly describe each item
purchased, the unit pric e when applicable, the number or volume of
each item purchased, the total price, the total purchase price, and
the date of the purchase;
SENATE FLOOR VERSION - SB1948 SFLR Page 22
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
10. Upon receipt of an invoice, the county clerk shall compare
the following documents:
a. requisition,
b. purchase order,
c. invoice with noncollusion affidavit as required by
law,
d. receiving report, and
e. delivery document.
The documents shall be available for public inspection during
regular business hours; and
11. If the documents conform as to the quantity and qu ality of
the items, the county clerk sh all prepare a warrant for payment
according to procedures provided for by law.
F. The following procedures are for the processing of purchase
orders:
1. The purchasing agent shall be allowed up to three (3) days
to process purchase orders to be pre sented to the board of county
commissioners for consideration and paym ent. Nothing herein shall
prevent the purchasing agent from processing or the board of county
commissioners from consideration and payment of utilities, travel
claims, and payroll claims;
2. The board of county commissioners shall consider the
purchase orders so presente d and act upon the pur chase orders, by
allowing in full or in part or by holdi ng for further information or
SENATE FLOOR VERSION - SB1948 SFLR Page 23
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
disallowing the same. The disposition of purchase orders shal l be
indicated by the board of county commissioners, showing the amounts
allowed or disallowed and shall be signed by at least two members of
the board of county co mmissioners. Any claim held over for further
information shall be acted upon by allowing or disa llowing same at
any future meeting of the board held within seventy -five (75) days
from the date of fil ing of the purchase order. Any purchase order
not acted upon within the seventy-five (75) days from the date of
filing shall be deemed to have been disallowed, but such
disallowance shall not prevent the refiling of the purchase order at
the proper time; and
3. Whenever any allowance, either in whole or in p art, is made
upon any purchase order presented to the board of county
commissioners and is accepte d by the person making the claim, such
allowance shall be a full settlement of th e entire purchase orde r
and provided that the cashing of warrant shall be con sidered as
acceptance by the claimant.
G. The procedure upon consumption or disposal of supp lies,
materials, or equipment shall be as follows:
1. For consumable road or bridge items or materials, a
quarterly report of the road and bridge projects compl eted during
such period shall be prepared and kept on file by the consuming
department. The quarterly report may be prepared and kept
electronically by the consuming department . The report shall
SENATE FLOOR VERSION - SB1948 SFLR Page 24
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
contain a record of the date, the place, and the purpose fo r the use
of the road or bridge items or materials. For purposes of
identifying county bridges , the board of county commissioners shall
number each bridge subject to its jurisdiction; and
2. For disposal of all equipment and information technology and
telecommunication goods which originally cost more than Five Hun dred
Dollars ($500.00), resolution of disposal shall be submitted by the
officer on a form prescribed by the Office of the State Auditor and
Inspector’s Office Inspector to the board of county commissioners .
The approval of the resoluti on of disposal shall be entered into the
minutes of the board.
H. Inventory forms and reports shall be retained for not less
than two (2) years after all audit r equirements for the state and
federal government have been fulfilled and after any pending
litigation involving the forms and reports has been resolved.
I. The procedures provided for in this section shall not apply
when a county officer certifies that an emergency exists requiring
an immediate expenditure of funds . Such an expenditure of funds
shall not exceed Five Thousand Dollars ($5,000.00) . The county
officer shall give the county purchasing agent a written explanation
of the emergency. The county purchasing agent shall attach the
written explanation to the purchase or der. The purchases shall be
paid by attaching a properly itemize d invoice, as described in this
section, to a purchase order which has been prepared by the county
SENATE FLOOR VERSION - SB1948 SFLR Page 25
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
purchasing agent and submitting them to the county clerk for filing,
encumbering, and consid eration for payment by the board of county
commissioners.
J. The county purchasing agent may authorize county purchasing
officers to make acquisitions through the state purchase card
program as authorized by the State Purchasing Director in accordance
with Section 85.5 of Title 74 of the Oklahoma Statutes and defined
in Section 85.2 of Title 74 of the Ok lahoma Statutes. Purchase
cardholders shall sign a purchase card agreement prior t o becoming a
cardholder and attend purchase card procedure training as required
by the State Purchasing Director. Complete descriptions of
purchases made by county government entities shall be published
through the state transparency portal pursuant to Se ction 85.33B of
Title 74 of the Oklahoma Statutes, and as warrants required to be
published pursuant to Sections 444 and 445 of this titl e.
K. Nothing in this section shall prohibit counties from
providing material and/or services bids on the twelve -month bid list
to all road and bridge projects and contracts. All non-road and
bridge related construction contracts shall refer to subsection A of
Section 103 of Title 61 of the Oklahoma Statutes.
SECTION 3. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
February 22, 2024 - DO PASS AS AMENDED