Req. No. 42 Page 1 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) SENATE BILL 403 By: Stewart AS INTRODUCED 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. 2024, Sections 1501 and 1505), which relate to county purchasing agents and procedures; modifying duties of county purchasing agent related to bidders; establishing exceptions to certain requi sition or purchase requirements ; updating statutory language; updating statutory references; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 19 O.S. 2021, Sec tion 1501, as amended by Section 1, Chapter 94, O.S.L. 2022 (19 O.S. Supp. 2024, 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 paid from county funds for the various institutions, departments, officer s, and employees of the county, except at public auctions and as otherwise provided for by law; Req. No. 42 Page 2 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. May make purchases for political subdivisions of this state within the county if authorized by appropriate action of the governing board or body of the political subdivision affected; 3. Shall make purchases 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 depar tment. All purchases made pursuant to this subparagraph shall be by a single purchase order. Splitting purchase orders 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 subparagraph shall be guilty of a misdemeanor and such person shall forfeit the person’s position or office, b. when the total payments of a rental or lease -purchase agreement do not exceed the current bid lim it 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, Req. No. 42 Page 3 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e. purchases made pursuant to a blanket purchase order as provided for in Section 310.8 of Title 62 of the Oklahoma Statutes, f. when materials for road or bridge impro vements do not exceed Seven Dollars ($7.00) per yard or per ton, g. purchases of fuel if the county purchasing agent obtains quotes from at least three vendors 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 clerk, h. purchases of tools, apparatus, machinery , or equipment from a state agency or a political 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 counties havin g a population in excess of one hundred thousand (100,000) 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, Req. No. 42 Page 4 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 j. when a county solicits bids for the purchase of processed native materials for road and bridge improvements, the county may accept all bids received, 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 and 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 period and in the eve nt the vendor is unable to perform, the purchasing agent may solicit telephone quotes for the item or items 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 qu ote available. All vendors submitting bids for the specific product or service will be considered at or below 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 ite m is available from a local vendor at or below the price Req. No. 42 Page 5 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 listed on the state bid list or the General Services Administration list, the item may be obtained from the vendor, 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 bid 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 it ems previously identified as needed by the county at the same public auction pursuant to subsection D of Section 1505 of this title, o. when an item or items have been competitiv ely bid by a county, or on behalf of a group of counties, provided: (1) the notice to bidders shall list each 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 list of qualified bidders of each participating county who offer the item or Req. No. 42 Page 6 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 items for sale received notice of the bid request, and (4) the vendor awarded the bi d is willing and able to provide the item or items at the bid price, p. counties may participate in a nationwide purchasing program sponsored by the national association representing counties and local cooperative procurement agreements entered into by the counties and other local jurisdictions or any other competitively bid nationw ide purchasing program, or q. when the Governor declares an emergency in a county, the district attorney of that county shall have the authority to temporarily waive competitive bidding procedures for purchases that may expedite a response to the emergency situation. This temporary waiver 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 at taching properly itemized invoices, as described in Section 1505 of this title , to a purchase order which has been prepared by the county purchasing agent and submitting both to the county clerk for filing, encumbering, and consideration for payment by the board of county commissioners; Req. No. 42 Page 7 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. Shall not furnish any supplies, materials, equipment, or other articles, except upon receipt of 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 offic er may designate not more than two employees who also shall be authorized to sign requisitions in the absence of the county officer. A written designation of the employees shall be filed with the county clerk and shall be entered in the minutes of the board of county commissioners. The county may designate two individuals who are not county employees for each of the following entities within the county to act as receiving and re quisitioning officers: a. fire protection districts organized and operated pursuant to the provisions of Sections 901.1 through 901.29 of this title, b. fire protection services established 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 29-115 of Title 11 of the Oklahoma Statutes. Req. No. 42 Page 8 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A written designation of the se individuals shall be filed with the county clerk and shall be entered 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 county designated as a receiving and requisitioning officer shall provide evidence of blanket bond coverage or employee dishonesty liability insu rance 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 purpose and only after following the bidding procedures as provid ed for in Section 1505 of this title. The term of any lease or lease -purchase agreement authorized pursuant to this 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 t o renew such agreement subject to the requirement that adequate funds are appr opriated 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 pursuant 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. Req. No. 42 Page 9 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. Each department of county government needing repairs to equipment, machinery , or vehicles shall make estimates and requisition a purchase order from the county purchasing 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 a blanket purchase order as provided in Section 310.8 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 estim ates and requisition a purchase 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. 202 2 (19 O.S. Supp. 2024, Section 1505), is amended to read as follows: Section 1505. The following procedures shall be used by counties for the requisition, 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 professional services as defined in Section 803 of Title 18 of the Oklahoma Statutes , for the Req. No. 42 Page 10 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 maintenance, operation, and capital expenditures of coun ty government unless otherwise provided for by law. A. The procedure for requ isitioning items for county offices shall be as follows: 1. The requesting department shall prepare a requisition form in triplicate. The requisition shall contain any specific ations for an item as deemed necessary by the requesting department. The form shall be prescribed by the State Auditor and Inspector; 2. The requesting department shall retain a copy of the requisition and forward the original requisition and a copy to t he county purchasing agent; and 3. Upon receipt of the requisition, the count y 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 trans fer of supplies, materials, or equipment between county departments upon a written agreement between county officers. B. The bid procedure for selecting a vendor for the purchase, lease-purchase, or rental of supplies, materials, equipment , and information technology and telecommunication goods 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 b ridge construction Req. No. 42 Page 11 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 nee ded or commonly used by county officers. The county purchasing agent shall re quest from the Purchasing Division or from the Information Services Division in the case of information technology and telecommunication goods and services of the Office of Manag ement and Enterprise Services all contracts quoting the price the state is paying for the items. The county purchasing agent shall either request the Purchasing Division or the Information Services Division of the Office of Management and Enterprise Servi ces, as applicable, to make the purchase for the county or the county purchasi ng 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 purchasing agent does not have a current bid, the county 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 st ate 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 the purchase for the Req. No. 42 Page 12 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 bids from being taken on an item current ly on a twelve-month bid list, at any time deemed necessary by the 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 commissioners; 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 reasonably 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 prio r to the date on which the bids are opened. Proof of the mailing or emailing shall be made by the affidavit of the person mailing 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. W henever any prospective supplier or vendor dealing in or listing for sale any Req. No. 42 Page 13 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 particular item or article required to be purchased or acquired by sealed bids fails to enter or offer a sealed bid for three successive bid solicitations, the name of the suppli er or vendor may be dropped from the mailing 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 Servic es 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 state 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) day s of the meeting. For any special item not included on the list of needed or commonly used items, the requisitioning official shall review the bids and submit a written recommendation to the board before final approval. The board of county commissioners shall keep a written record of the meeting as required by law, and any time th e lowest bid was not considered to be the lowest and best bid, the reason for such conclusion shall be recorded. Whenever the board of county commissioners rejects the written r ecommendation of the Req. No. 42 Page 14 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 requisitioning official pertaining to a special item, the reasons for the rejection shall be entered in their minutes and stated in a letter to the requisitioning official and county purchasing agent; 5. The county purchasing agent sh all notify the successful bidders and shall maintain a copy of the notificatio n. The county purchasing agent shall prepare and maintain a vendors list specifying the successful bidders and shall notify each county officer of the list. The county purchasi ng agent may remove any vendor from such list who refuses to provide goods or services as provided by contract if the removal is authorized 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 bid der cannot or will not sell goods or services 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 purchase does not exceed Twenty -five Thousand Dollars ($25,000.00) as the amount specified in subparagraph a of paragraph 3 of subsection A of Section 1501 of this titl e; and 6. When bids have been solicited as provided for by law and no bids have been received, the procedure shall be as follows: a. the county purchasing agent shall determine if potential vendors are willing to commit to a firm Req. No. 42 Page 15 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 price for a reduced perio d of time, and, if such is the case, the bid procedure described in this subsection shall be followed, b. if vendors are not willing to commit to a firm price for a reduced period, the purchasing agent shall solicit and record at least three quotes of curr ent prices available to the county and authorize the purchase of goods or serv ices based on the lowest and best quote as it becomes necessary to acquire such goods or services. The quotes shall be recorded on a form prescribed by the State Auditor and Ins pector and shall be attached to the purchase order and filed with the county clerk’s copy of the purchase order. Any time the lowest quote was not considered to be the lowest and best quote, the reason for this conclusion shall be recorded by the county p urchasing agent and transmitted to the county clerk, or 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 purchase is authorized. The memorandum shall state the re asons why the price for such a purchase is the lowest and best under the circumstances. The county clerk shall then attach the memorandum to the county clerk ’s copy Req. No. 42 Page 16 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of the purchase order and file both in the office of the county clerk. C. After selection of a vendor, the procedure for the purchase, lease-purchase, or rental of sup plies, 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 order 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 on the purchase order and assign a sequential number to the purchase order; 3. If there is an unencumbered balance in the appropriat ion 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 that this encumbrance is within the authorized available balance of the appropriation. Dated this ________ day of ________, 20__. ________________________________ County Clerk/Deputy of _____________________ County.”. Req. No. 42 Page 17 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 In instances where it is impossible to ascertain the exact amo unt of the indebtedness sought to be incurred at the time of recording the encumbrance, an estimated amount may be used. No purchase order shall be valid unless signed by the co unty purchasing agent and certified by the county clerk; and 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 the county road and bridge inventory of ficer 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. D. 1. The procedure for the pu rchase of supplies, materials, equipment, and information technology and telecommunication goods and services at public auction or by sealed bid to be used by a county shall be as follows: a. the county purchasing agent shall prepare a purchase 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 stated on the purchase order and assign a sequential number to the purchase order, c. if there is an unencumbered balance in th e appropriation made for that purpose by the county Req. No. 42 Page 18 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 that this en cumbrance 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 ascertain t he exact amount of the indebtedness sought to be incurred at the time of recording the 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, 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, retain 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 Req. No. 42 Page 19 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 copy to the receiving officer of the requesting department. 2. The procedure for the purchase of supplies, materials , and equipment at a public auction when t he purchase will be made with the proceeds from the sale of county property at the same public auction are is 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 obligated 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 that is authorized by law. No purchase order shall be valid unless signed by the county purchasing agent and certified by the county clerk, Req. No. 42 Page 20 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e. the county clerk shall file the original purchas e order and return three copies to the county purchasing agent who shall file a copy, retain 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 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 exceed the a ppraised 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 de partment 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 been prov ided, 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 Req. No. 42 Page 21 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and compare it with the purchase order. If any item is back - ordered, the back order and estimated date of delivery shall be noted in the receiving report; 5. The receiving officer shall complete a receiving report in quadruplicate which shall state the quantity and quality of goods delivered. The receiving repor t form shall be prescribed by the State Auditor and Inspector. The person del ivering the goods shall acknowledge the delivery by signature, noting the date and time; 6. The receiving officer shall file the original 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 copy of the purchase order and a copy of the receiving report; 8. Upon receipt of the original receiving rep ort and the delivery documentation, the county clerk shall maintain a file until such time as an invoice is received from the vendor; 9. The invoice shall state the name and add ress of the vendor and must be sufficiently itemized to clearly describe each item purchased, the unit price when applicable, the number or volume of each item purchased, the total price, the total purchase price, and the date of the purchase; Req. No. 42 Page 22 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 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 p ublic inspection during regular business hours; and 11. If the documents conform as to the quantity and quality of the items, the county clerk shall prepare a warrant for payment according to procedures provided for by law. F. The following procedures ar e for the processing of purchase orders: 1. The purchasing agent shall be all owed up to three (3) days to process purchase orders to be presented to the board of county commissioners for consideration and payment. 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 presented and act upon the purchase o rders, by allowing in full or in part or by holding for further information or Req. No. 42 Page 23 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 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 shall 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 commissioners. Any claim held over for further information shall be acted upon by allowing or disallowing same at any future meeting of the board held within seventy -five (75) days from the date of filing 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 part, is made upon any purchase order presented to the board of county commissioners and is accepted by the person making the claim, such allowance shall be a full settlement of the entire purchase order and provided that the cashing of warrant shall be considered as acceptance by the claimant. G. The procedure upon consumption or disposal of supplies, 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 completed 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 Req. No. 42 Page 24 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 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 for 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 Hundred 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 resolution 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 requi rements 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 eme rgency exists requiring an immediate expenditure of funds. Such an expenditur e 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 purc hasing agent shall attach the written explanation to the purchase order. The purchases shall be paid by attaching a properly itemized invoice, as described in this section, to a purchase order which has been prepared by the county Req. No. 42 Page 25 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 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 sub mitting them to the county clerk for filing, encumbering, and consideration fo r 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 Oklahoma Statutes. Purchase cardholders A purchase cardholder shall sign a purchase card agreement prior to 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 por tal pursuant to Section 85.33B of Title 74 of the Oklahoma Statutes, and as warrants required to be published pursuant to Sections 444 and 445 of this title. K. Nothing in this section shall prohibit counties from providing material and/or services bids o n the twelve-month bid list to all road and bridge projects and contracts. Al l 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, 2025. 60-1-42 MSBB 1/6/2025 5:34:32 PM