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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 168 By: Hicks
AS INTRODUCED
An Act relating to state property; defining terms;
establishing requirements for purchasing certain
goods or equipment; providing exceptio ns; creating a
differential pricing preference for the cost of goods
manufactured or produced in the United States of
America; providing for codification; and providing an
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 produc ed 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 considered to be a product of United States
origin if all of its m anufacturing processes occur in the United
States, notwithstanding the origin of it 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 e lectrification of a
transit system, rails, tracks, roadbeds, guideways, elevated
structures, buildings, schools, hospitals, stations, terminals,
docks, shelters, and repairs to a ny 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, reconstruction, alteration, repair,
improvement, or maintena nce of a public building or public work with
an estimated contract price excee ding One Hundred Thousand Dollars
($100,000.00), to state that all iron, steel, and aluminum 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 read and
understood such requirement shall not be considered by the agency or
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entity, or person making purchases on behalf of such agency or
entity.
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 sh all
include information demonstrating that:
1. Such requirements 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 reaso nably available quantities and with satisfactory
quality; or
3. Using materials produced or manufactured in the United
States shall increase the cost of construction, reconstruction,
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 adequate notice to the public and to
individuals, firms, or corporations that intend to submit or have
submitted bids or propos als for such contracts for public buildings
or public works. The State Purchasing Director shall allow 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
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this section, he or she shall provide public notice of the
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 appea l 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 procurement practices or policies with such foreign
nation or government.
SECTION 2. This act shall become effective November 1, 202 5.
60-1-283 RD 12/30/2024 12:30:09 PM