Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB403 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	ENGR. S. B. NO. 403 Page 1 1
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28		-
29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 60th Legislature (2025)
34	27
35	28		ENGROSSED SENATE
36	29		BILL NO. 403 By: Stewart of the Senate
37	30
38	31		and
39	32
40	33		Cantrell of the House
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45	38		An Act relating to county purchasing; amending 19
46	39		O.S. 2021, Sections 1501, as amended by Section 1,
47	40		Chapter 94, O.S.L. 2022, and 1505, as amended by
48	41		Section 3, Chapter 94, O.S.L. 2022 (19 O.S. Supp.
49	42		2024, Sections 1501 and 1505), which relate to county
50	43		purchasing agents and procedures; modifying duties of
51	44		county purchasing agent related to bidders;
52	45		establishing exceptions to certain requisition or
53	46		purchase requirements; updating statutory language;
54	47		updating statutory reference s; and providing an
55	48		effective date.
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61	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
62	53		SECTION 1. AMENDATORY 19 O.S. 2021, Section 1501, as
63	54		amended by Section 1, Chapter 94, O.S.L. 2022 (19 O.S. Supp. 2024,
64	55		Section 1501), is amended to read as follows:
65	56		Section 1501. A. The county purchasing agent:
66	57		1. Shall, within the amount of the unencumbered balance, make
67	58		all purchases that are paid from county funds for the various
	59	+	institutions, departments, officers, and employees of the county,
	60	+	except at public auctio ns and as otherwise provided for by law;
	61	+	2. May make purchases for political subdivisions of this state
	62	+	within the county if authorized by appropriate action of the
	63	+	governing board or body of the political subdivision affected;
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69		-	SB403 HFLR Page 2
70		-	BOLD FACE denotes Committee Amendments. 1
	65	+	ENGR. S. B. NO. 403 Page 2 1
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95		-	institutions, departments, officers, and employees of the county,
96		-	except at public auctions and as otherwise provided for by law;
97		-	2. May make purchases for political subdivisions of this state
98		-	within the county if authorized by appropriate action of the
99		-	governing board or body of the political subdivision affected;
100	90		3. Shall make purchases and rental or lease -purchase agreements
101	91		only after following the bidding procedures as provided for by law,
102	92		except:
103	93		a. when the purchase does not exceed Twenty -five Thousand
104	94		Dollars ($25,000.00) by department. All purchases
105	95		made pursuant to this subparagrap h shall be by a
106	96		single purchase order. Splitting purchase orders
107	97		which would result in paying an amount in excess of
108	98		the limitations specified in this subpar agraph is
109	99		expressly prohibited. Any person convicted of
110	100		violating the provisions of this subparagraph shall be
111	101		guilty of a misdemeanor and such person shall forfeit
112	102		the person’s position or office,
113	103		b. when the total payments of a rental or lease -purchase
114	104		agreement do not exceed the current bid limit as
115	105		established in subparagraph a of this paragraph,
116	106		c. when articles and items are covered by single -source
117	107		contracts,
	108	+	d. service or maintenance contracts on equipment or
	109	+	machinery which are entered into at the time of the
	110	+	purchase of the equipment or machinery,
	111	+	e. purchases made pursuant to a blanket purchase order as
	112	+	provided for in Section 310.8 of Title 62 of the
	113	+	Oklahoma Statutes,
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119		-	SB403 HFLR Page 3
120		-	BOLD FACE denotes Committee Amendments. 1
	115	+	ENGR. S. B. NO. 403 Page 3 1
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145		-	d. service or maintenance contracts on equipment or
146		-	machinery which are entered into at the time of the
147		-	purchase of the equipment or machinery,
148		-	e. purchases made pursuant to a blanket purchase order as
149		-	provided for in Section 310.8 of Title 62 of the
150		-	Oklahoma Statutes,
151	140		f. when materials for road or bridge improvements do not
152	141		exceed Seven Dollars ($7.00) per yard or per ton,
153	142		g. purchases of fuel if the county purchasing agent
154	143		obtains quotes from at least three vendors prior to
155	144		the purchase and the lowest and best quote is
156	145		selected. Documentation of these quotes shall be
157	146		recorded in the permanent records of the clerk,
158	147		h. purchases of tools, apparatus, machinery , or equipment
159	148		from a state agency or a political subdivision of the
160	149		state as provided for in subsection C of Section 421.1
161	150		of this title,
162	151		i. purchases of food for prisoners incarcerated in t he
163	152		county jail; provided, in counties having a population
164	153		in excess of one hundred thousand (100,0 00) persons,
165	154		the county purchasing agent shall follow bidding
166	155		procedures as provided by law unless the county
167	156		purchasing agent obtains quotes pursuant to the whole
168	157		total of food items requisitioned prior to the
	158	+	purchase and the lowest and best quote is selected.
	159	+	Documentation of these quotes shall be recorded in the
	160	+	permanent records of the county clerk,
	161	+	j. when a county solicits bids for the purchase of
	162	+	processed native materials for road and bridge
	163	+	improvements, the county may accept all bids received,
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170		-	SB403 HFLR Page 4
171		-	BOLD FACE denotes Committee Amendments. 1
	165	+	ENGR. S. B. NO. 403 Page 4 1
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196		-	purchase and the lowest and best quote is selected.
197		-	Documentation of these quotes shall be reco rded in the
198		-	permanent records of the county clerk,
199		-	j. when a county solicits bids for the purchase of
200		-	processed native materials for road and bridge
201		-	improvements, the county may accept all bids received,
202	190		with the lowest and best bid from those accepted to be
203	191		selected at the time of opening of any construction
204	192		project. The selection of the bid shall be based up on
205	193		availability, bid price, plus and transportation
206	194		costs,
207	195		k. when a vendor has been selected as the lowest and best
208	196		bidder to furnish a particular item or items to the
209	197		county during a specified time period and in the event
210	198		the vendor is unable to perform, the purchasing agent
211	199		may solicit telephone quotes for the item or items
212	200		needed or select the next lowest and best bidder from
213	201		the list of qualified bidders and provide for the
214	202		purchase of the items at the lowest and best quote
215	203		available. All vendors submitting bids for the
216	204		specific product or service will be considered at or
217	205		below the amount they bid,
218	206		l. when considering the purchase of an item or items from
219	207		the state bid list as provided by the Office of
	208	+	Management and Enterprise Services or the General
	209	+	Services Administration, if the same exact item is
	210	+	available from a local vendor at or below the p rice
	211	+	listed on the state bid list or the General Services
	212	+	Administration list, the item may be obtained from the
	213	+	vendor,
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221		-	SB403 HFLR Page 5
222		-	BOLD FACE denotes Committee Amendments. 1
	215	+	ENGR. S. B. NO. 403 Page 5 1
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247		-	Management and Enterprise Services or the General
248		-	Services Administration, if the same exact item is
249		-	available from a local vendor at or below the pric e
250		-	listed on the state bid list or the General Se rvices
251		-	Administration list, the item may be obtained from the
252		-	vendor,
253	240		m. any item or items bid by the Offic e of Management and
254	241		Enterprise Services which may be purchased by the
255	242		county, provided the vendor is willing to supply the
256	243		item or items to the county at the bid price,
257	244		n. when a county obtains proceeds from the sale of its
258	245		property at a public auction, th at county may use
259	246		those proceeds to acquire items previously identified
260	247		as needed by the county at the same public auction
261	248		pursuant to subsection D of Section 1505 of this
262	249		title,
263	250		o. when an item or items have been competitively bid by a
264	251		county, or on behalf of a group of counties, provided:
265	252		(1) the notice to bidders shall list each county
266	253		which may participate in the purchase of the item
267	254		or items being bid,
268	255		(2) the notice of bid is advertised, as provided by
269	256		law, in each of the counties which may
270	257		participate in the purchase of the item or items,
	258	+	(3) all vendors on the list of qualified bidders of
	259	+	each participating county who offer the item or
	260	+	items for sale received notice of the bid
	261	+	request, and
	262	+	(4) the vendor awarded the bid is willing and able to
	263	+	provide the item or items at the bid price,
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272		-	SB403 HFLR Page 6
273		-	BOLD FACE denotes Committee Amendments. 1
	265	+	ENGR. S. B. NO. 403 Page 6 1
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298		-	(3) all vendors on the list of qualified bidders of
299		-	each participating county who offer the item or
300		-	items for sale received notice of the bid
301		-	request, and
302		-	(4) the vendor awarded the bid is willing and able to
303		-	provide the item or items at the bid price,
304	290		p. counties may participate in a nationwide purchasing
305	291		program sponsored by the national association
306	292		representing counties and local cooperative
307	293		procurement agreements entered into by the counties
308	294		and other local jurisd ictions or any other
309	295		competitively bid nationwide purchasing program, or
310	296		q. when the Governor decl ares an emergency in a county,
311	297		the district attorney of that county shall have the
312	298		authority to temporarily waive competitive bidding
313	299		procedures for purchases that may expedite a response
314	300		to the emergency situation. This temporary waiver
315	301		shall be in addition to any powers exercised pursuant
316	302		to Section 683.11 of Title 63 of the Oklahoma
317	303		Statutes.
318	304		The purchases shall be paid by attaching properly itemized
319	305		invoices, as described in Section 1505 of this title, to a purchase
320	306		order which has been prepared by the county purchasing agent and
	307	+	submitting both to the county clerk for filing, encumbering, and
	308	+	consideration for payment by the board of county commissioners;
	309	+	4. Shall not furnish any supplies, materials, equipment, or
	310	+	other articles, except upon receipt of a requisition signed by a
	311	+	county officer. Written requisitions will not be required for
	312	+	blanket purchase orders as provided for in Section 310.8 of Title 6 2
	313	+	of the Oklahoma Statutes. Each county officer may designate not
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322		-	SB403 HFLR Page 7
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348		-	submitting both to the county clerk for filing, encumbering, and
349		-	consideration for payment by the board of county commissioners;
350		-	4. Shall not furnish any supplies, materials, equipment, or
351		-	other articles, except upon receipt of a requisition signed by a
352		-	county officer. Writte n requisitions will not be required for
353		-	blanket purchase orders as provided for in Section 310.8 of Title 62
354		-	of the Oklahoma Statutes. Each county officer may designate not
355	340		more than two employees who als o shall be authorized to sign
356	341		requisitions in the absence of the county officer. A written
357	342		designation of the employees shall be filed with the county clerk
358	343		and shall be entered in the minutes of the board of county
359	344		commissioners. The county may designate two individuals who are not
360	345		county employees for each of the following entities within the
361	346		county to act as receiving and requisitioning officers:
362	347		a. fire protection districts organized and operated
363	348		pursuant to the provisions of Sections 901.1 through
364	349		901.29 of this title,
365	350		b. fire protection services established pursuant to the
366	351		provisions of Section 351 of this title,
367	352		c. volunteer or full-time fire department s established
368	353		pursuant to Section 592 of Title 18 of the Oklahoma
369	354		Statutes, and
370	355		d. municipal fire departments organized and operated
371	356		pursuant to the provisions of Sections 29 -101 through
	357	+	29-108 and Sections 29-201 through 29-204 29-115 of
	358	+	Title 11 of the Oklahoma Statutes.
	359	+	A written designation of these individuals shall be filed with
	360	+	the county clerk and shall be entered in the minutes of the board of
	361	+	county commissioners meeting in which the designations are made.
	362	+	Further, entities described in subparagr aphs a, b, c, and d of this
	363	+	paragraph, choosing to have any nonemployee of the county designated
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373		-	SB403 HFLR Page 8
374		-	BOLD FACE denotes Committee Amendments. 1
	365	+	ENGR. S. B. NO. 403 Page 8 1
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399		-	29-108 and Sections 29-201 through 29-204 29-115 of
400		-	Title 11 of the Oklahoma Statutes.
401		-	A written designation of these individuals shall be filed with
402		-	the county clerk and shall be entered in the minutes of the board of
403		-	county commissioners meeting in which the designations are made.
404		-	Further, entities described in subparagraphs a, b, c , and d of this
405		-	paragraph, choosing to have any nonemployee of the county designated
406	390		as a receiving and requisitioning officer shall provide evidence of
407	391		blanket bond coverage or employee dishonesty liability insurance for
408	392		each such designee;
409	393		5. Shall make lease or lease -purchase agreements for road
410	394		machinery and equipment if the county has adequate funds
411	395		appropriated during any fiscal year for such purpose and only after
412	396		following the bidding procedures as provided for in Section 1505 of
413	397		this title. The term of any lease or lease -purchase agreement
414	398		authorized pursuant to this paragraph may be for any period up to
415	399		one (1) year; provided, the term shall not extend beyond the end of
416	400		any fiscal year, with an option to renew such agreement subject t o
417	401		the requirement that adequate funds are appropriated during the
418	402		fiscal year by the county for su ch purpose. The Office of the State
419	403		Auditor and Inspector’s Office Inspector shall be notified by the
420	404		county of the terms and conditions of a lease or lease -purchase
421	405		agreement authorized pursuant to this paragraph before any such
422	406		agreement is made by the county purchasing agent; and
	407	+	6. Shall perform such other duties as may be delegated by the
	408	+	appointing authority or as may be provided for by law.
	409	+	B. Each department of county government needing repairs to
	410	+	equipment, machinery , or vehicles shall make esti mates and
	411	+	requisition a purchase order from the county purchasing agent for
	412	+	repairs not in excess of Ten Thousand Dollars ($10,000.00). Repairs
	413	+	in excess of Ten Thousand Dollars ($10,000.00) shall be submitted on
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424		-	SB403 HFLR Page 9
425		-	BOLD FACE denotes Committee Amendments. 1
	415	+	ENGR. S. B. NO. 403 Page 9 1
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450		-	6. Shall perform such other duties as may be delegated by the
451		-	appointing authority or as may be provided for by law.
452		-	B. Each department of county government needing repairs to
453		-	equipment, machinery , or vehicles shall make estimat es and
454		-	requisition a purchase order from the cou nty purchasing agent for
455		-	repairs not in excess of Ten Thousand Dollars ($10,000.00). Repairs
456		-	in excess of Ten Thousand Dollars ($10,000.00) shall be submitted on
457	440		a blanket purchase order as provided in Section 310.8 of Title 62 of
458	441		the Oklahoma Statutes.
459	442		C. Each department of county government needing repairs to
460	443		heavy equipment, meaning equipment in excess of ten thousand
461	444		(10,000) pounds, shall make estimates and requisition a purchase
462	445		order from the count y purchasing agent for repairs not in excess of
463	446		Thirty Thousand Dollars ($30,000.00). Repairs in excess of Thirty
464	447		Thousand Dollars ($30,000.00) shall be subm itted on a blanket
465	448		purchase order as provided in Section 310.8 of Title 62 of the
466	449		Oklahoma Statutes.
467	450		SECTION 2. AMENDATORY 19 O.S. 2021, Section 1505, as
468	451		amended by Section 3, Chapter 94, O.S.L. 2022 (19 O.S. Supp. 2024,
469	452		Section 1505), is amended to read as follows:
470	453		Section 1505. The following procedures shall be used by
471	454		counties for the requisition, purchase, lease -purchase, rental, and
472	455		receipt of supplies, materials, road and bridge construction
473	456		services, equipment and information technology and telecommunication
	457	+	goods, and other services, except for professional services as
	458	+	defined in Section 803 of Title 18 of the Oklahoma Statutes , for the
	459	+	maintenance, operation, and capital expenditures of county
	460	+	government unless otherwise p rovided for by law.
	461	+	A. The procedure for requisitioning items for county offices
	462	+	shall be as follows:
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475		-	SB403 HFLR Page 10
476		-	BOLD FACE denotes Committee Amendments. 1
	464	+	ENGR. S. B. NO. 403 Page 10 1
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501		-	goods, and other services, except for professional services as
502		-	defined in Section 803 of Title 18 of the Oklahoma Statutes, for the
503		-	maintenance, operation, and capital expenditures of county
504		-	government unless otherwise provided for by law.
505		-	A. The procedure for requisitioning items for county offices
506		-	shall be as follows:
507	489		1. The requesting department shall prepare a requisition form
508	490		in triplicate. The requisition shall contain any specifications for
509	491		an item as deemed nec essary by the requesting department. The form
510	492		shall be prescribed by the State Auditor and Inspector;
511	493		2. The requesting department shall retain a copy of the
512	494		requisition and forward the original requisition and a copy to the
513	495		county purchasing agent; and
514	496		3. Upon receipt of the requisition, the county purchasing
515	497		agent, within two (2) working days, sha ll begin the bidding and
516	498		purchasing process as provided for in this section. Nothing in this
517	499		section shall prohibit the transfer of supplies, materials, or
518	500		equipment between county departments upon a written agreement
519	501		between county officers.
520	502		B. The bid procedure for selecting a vendor for the purchase,
521	503		lease-purchase, or rental of supplies, materials, equipment , and
522	504		information technology and telecommunicati on goods and services used
523	505		by a county shall be as follows:
	506	+	1. The county purchasing agent shall request written
	507	+	recommendations from all county officers pertaining to needed or
	508	+	commonly used supplies, materials, road and bridge construction
	509	+	services, equipment, and information technology and
	510	+	telecommunication goods and services. From such recommendations and
	511	+	available requisition, purchase, or inventory records, the county
	512	+	purchasing agent shall prepare a list of items needed or commonly
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525		-	SB403 HFLR Page 11
526		-	BOLD FACE denotes Committee Amendments. 1
	514	+	ENGR. S. B. NO. 403 Page 11 1
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542	530		17
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546	534		21
547	535		22
548	536		23
549	537		24
550	538
551		-	1. The county purchasing agent shall req uest written
552		-	recommendations from all county off icers pertaining to needed or
553		-	commonly used supplies, materials, road and bridge construction
554		-	services, equipment, and information technology and
555		-	telecommunication goods and services. From such recommendations and
556		-	available requisition, purchase, or inven tory records, the county
557		-	purchasing agent shall prepare a list of items needed or commonly
558	539		used by county officers. The county purchasing agent shall request
559	540		from the Purchasing Division or from the Infor mation Services
560	541		Division in the case of information technology and telecommunication
561	542		goods and services of the Office of Management and Enterprise
562	543		Services all contracts quoting the price the state is paying for the
563	544		items. The county purchasing agent shall either request the
564	545		Purchasing Division or the Information Services Division of the
565	546		Office of Management and Enterprise Services, as applicable, to make
566	547		the purchase for the county or the county purchasing agent shall
567	548		solicit bids for unit prices on the i tems for periods of not to
568	549		exceed twelve (12) months in the manner described in paragraph 2 of
569	550		this subsection. If the county purchasing agent receives a
570	551		requisition for an item for which the county purchasing agent does
571	552		not have a current bid, the county purchasing agent shall request
572	553		from the Purchasing Division or the Information Services Division of
573	554		the Office of Management and Enterprise Services, as appl icable, all
574	555		contracts quoting the price the state is paying for the item. The
	556	+	county purchasing agent shall either request the Purchasing Division
	557	+	or the Information Services Division of the Office of Management and
	558	+	Enterprise Services, as applicable, to make the purchase for the
	559	+	county or the county purchasing agent shall solicit bids in the
	560	+	manner described in paragraph 2 of this subsection. Nothing in this
	561	+	paragraph shall prohibit bids from being taken on an item currently
	562	+	on a twelve-month bid list, at any time deemed necessary by the
575	563
576		-	SB403 HFLR Page 12
577		-	BOLD FACE denotes Committee Amendments. 1
	564	+	ENGR. S. B. NO. 403 Page 12 1
578	565		2
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601	588
602		-	county purchasing agen t shall either request the Purchasing Division
603		-	or the Information Services Division of the Office of Management and
604		-	Enterprise Services, as applicable, to make the purchase for the
605		-	county or the county purchasing agent shall solicit bids in the
606		-	manner described in paragraph 2 of this subsection. Nothin g in this
607		-	paragraph shall prohibit bids from being taken on an item currently
608		-	on a twelve-month bid list, at any time deemed necessary by the
609	589		county purchasing agent. Whenever the county purchasing agent deems
610	590		it necessary to take a bid on an item currently on a twelve -month
611	591		bid list, the reason for the bid shall be entered into the minutes
612	592		of the board of county commissioners;
613	593		2. Bids shall be solicited by mailing or emailing a notice to
614	594		all persons or firms who have made a written request of the county
615	595		purchasing agent that they be notified of such bid solicitation and
616	596		to all other persons or firms who might reasonably be expected to
617	597		submit bids. Notice of solicitation of bids shall also be published
618	598		one time in a newspaper of general circulation in the county.
619	599		Notices shall be mailed and published at least ten (10) days prior
620	600		to the date on which the bids are opened. Proof of the mailing or
621	601		emailing shall be made by the affidavit of the person mailing or
622	602		emailing the request for bids and shall be made a part of the
623	603		official records of the county purchasing agent. The notice shall
624	604		specify whether the count y will consider written bids, electronic
625	605		bids, or both; the decision to exclusively consider eithe r written
	606	+	bids or electronic bids shall be determined pursuant to an
	607	+	affirmative vote of the board of county commissioners. Whenever any
	608	+	prospective supplier or vendor dealing in or listing for sale any
	609	+	particular item or article required to be purchased or acquired by
	610	+	sealed bids fails to enter or offer a sealed bid for three
	611	+	successive bid solicitations, the name of the supplier or vendor may
626	612
627		-	SB403 HFLR Page 13
628		-	BOLD FACE denotes Committee Amendments. 1
	613	+	ENGR. S. B. NO. 403 Page 13 1
629	614		2
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650	635		23
651	636		24
652	637
653		-	bids or electronic bids shall be determin ed pursuant to an
654		-	affirmative vote of the board of county commissioners. Whenever any
655		-	prospective supplier or vendor dealing in or listing for sale any
656		-	particular item or article required to be purchased or acquired by
657		-	sealed bids fails to enter or offer a sealed bid for three
658		-	successive bid solicitations, the name of the supplier or vendor may
659	638		be dropped from the mailing lists of the board of county
660	639		commissioners;
661	640		3. The sealed bids received from vendors and the state contract
662	641		price received from the applicable Division division of the Office
663	642		of Management and Enterprise Services shall be given to the county
664	643		clerk by the county purchasing agent. The county clerk shall
665	644		forward the sealed bids and state contract price, if any, to the
666	645		board of county commissioners;
667	646		4. The board of county commissioners, in an open meeting, shall
668	647		open the sealed bids and compare them to the state contract price.
669	648		The board of county commissioners shall select the lowest and b est
670	649		bid based upon, if applicable, the availability of material and
671	650		transportation cost to the job site within thirty (30) days of the
672	651		meeting. For any speci al item not included on the list of needed or
673	652		commonly used items, the requisitioning official shall review the
674	653		bids and submit a written recommendation to the board before final
675	654		approval. The board of county commissioners shall keep a written
676	655		record of the meeting as required by law, and any time the lowest
	656	+	bid was not considered to be the lowest and best bid, the reason for
	657	+	such conclusion shall be recorded. Whenever the board of county
	658	+	commissioners rejects the written recommendation of the
	659	+	requisitioning official pertaining to a special item, the reasons
	660	+	for the rejection shall be entered in their minutes and stated in a
	661	+	letter to the requisitioning official and county purchasing agent;
677	662
678		-	SB403 HFLR Page 14
679		-	BOLD FACE denotes Committee Amendments. 1
	663	+	ENGR. S. B. NO. 403 Page 14 1
680	664		2
681	665		3
682	666		4
683	667		5
684	668		6
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686	670		8
687	671		9
688	672		10
689	673		11
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691	675		13
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703	687
704		-	bid was not considered to be the lowest and be st bid, the reason for
705		-	such conclusion shall be recorded. Whenever the board of county
706		-	commissioners rejects the written recommendation of the
707		-	requisitioning official pertaining to a special item, the reasons
708		-	for the rejection shall be entered in their minutes and stated in a
709		-	letter to the requisitioni ng official and county purchasing agent;
710	688		5. The county purchasing agent shall notify the successful
711	689		bidders and shall maintain a copy of the notification. The county
712	690		purchasing agent shall prepare and ma intain a vendors list
713	691		specifying the successful bidders and shall notify each county
714	692		officer of the list. The county purchasing agent may remove any
715	693		vendor from such list who refuses to provide goods or services as
716	694		provided by contract if the removal is authorized by the board of
717	695		county commissioners. The county purchasing agent may make
718	696		purchases from the successful remaining bidders for a price at or
719	697		below the bid price. If a vendor who is the low bidder cannot or
720	698		will not sell goods or services as req uired by a county bid
721	699		contract, the county purchasing agent may make a one -time purchase
722	700		from the next lowest or best quote or take quotations as provided in
723	701		paragraph 6 of this subsection; provided, however, such purchase
724	702		does not exceed Twenty -five Thousand Dollars ($25,000.00) as the
725	703		amount specified in subparagraph a of paragraph 3 of subsection A of
726	704		Section 1501 of this title ; and
	705	+	6. When bids have been s olicited as provided for by law and no
	706	+	bids have been received, the procedure shall be as follows:
	707	+	a. the county purchasing agent shall determine if
	708	+	potential vendors are willing to commit to a firm
	709	+	price for a reduced period of time, and, if such is
	710	+	the case, the bid procedure described in this
	711	+	subsection shall be followed,
727	712
728		-	SB403 HFLR Page 15
729		-	BOLD FACE denotes Committee Amendments. 1
	713	+	ENGR. S. B. NO. 403 Page 15 1
730	714		2
731	715		3
732	716		4
733	717		5
734	718		6
735	719		7
736	720		8
737	721		9
738	722		10
739	723		11
740	724		12
741	725		13
742	726		14
743	727		15
744	728		16
745	729		17
746	730		18
747	731		19
748	732		20
749	733		21
750	734		22
751	735		23
752	736		24
753	737
754		-	6. When bids have been solicited as provided for by law and no
755		-	bids have been received, the procedure shall be as follows:
756		-	a. the county purchasing agent shall determine if
757		-	potential vendors are willing to commit to a firm
758		-	price for a reduced period of time, and, if such is
759		-	the case, the bid procedure described in this
760		-	subsection shall be followed,
761	738		b. if vendors are not willing to commit to a firm price
762	739		for a reduced period, the purchasing agent shall
763	740		solicit and record at least three quotes of current
764	741		prices available to the coun ty and authorize the
765	742		purchase of goods or services based on the lowest and
766	743		best quote as it become s necessary to acquire such
767	744		goods or services. The quotes shall be recorded on a
768	745		form prescribed by the State Auditor and Inspector and
769	746		shall be attached to the purchase order and filed with
770	747		the county clerk’s copy of the purchase order. Any
771	748		time the lowest quote was not considered to be the
772	749		lowest and best quote, the reason for this conclusion
773	750		shall be recorded by the county purchasing agent and
774	751		transmitted to the county clerk, or
775	752		c. if three quotes are not available, a memorandum to the
776	753		county clerk from the county purchasing agent shall
777	754		describe the basis upon which a purchase is
	755	+	authorized. The memorandum shall state the reasons
	756	+	why the price for such a p urchase is the lowest and
	757	+	best under the circumstances. The county clerk shall
	758	+	then attach the memorandum to the county clerk ’s copy
	759	+	of the purchase order and file both in the office of
	760	+	the county clerk.
778	761
779		-	SB403 HFLR Page 16
780		-	BOLD FACE denotes Committee Amendments. 1
	762	+	ENGR. S. B. NO. 403 Page 16 1
781	763		2
782	764		3
783	765		4
784	766		5
785	767		6
786	768		7
787	769		8
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803	785		24
804	786
805		-	authorized. The memorandum shall state the reasons
806		-	why the price for such a purchase is the lowest and
807		-	best under the circumstances. The county clerk shall
808		-	then attach the memorandum to the county clerk ’s copy
809		-	of the purchase order and file both in the office of
810		-	the county clerk.
811	787		C. After selection of a vendor, the procedure for the purchase,
812	788		lease-purchase, or rental of supplies, materials, road and bridge
813	789		construction services, equipment, and information technology and
814	790		telecommunication goods and services used by a county shall be as
815	791		follows:
816	792		1. The county purchasing agent shal l prepare a purchase order
817	793		in quadruplicate and submit it with a copy of the requisition to the
818	794		county clerk;
819	795		2. The county clerk shall then encumber the amount stated on
820	796		the purchase order and assign a sequential number to the purchase
821	797		order;
822	798		3. If there is an unencumbered balance in the appropriation
823	799		made for that purpose by the county excise board , the county clerk
824	800		shall so certify in the following form:
825	801		“I hereby certify that the amount of this encumbrance has been
826	802		entered against the designated appro priation accounts and that this
827	803		encumbrance is within the authorized available balance of the
828	804		appropriation.
	805	+	Dated this ________ day of ________, 20__.
	806	+	________________________________
	807	+	County Clerk/Deputy
	808	+	of _____________________ County .”.
	809	+	In instances where it is impossible to ascertain the exact amount of
	810	+	the indebtedness sought to be incurred at the time of recording the
829	811
830		-	SB403 HFLR Page 17
831		-	BOLD FACE denotes Committee Amendments. 1
	812	+	ENGR. S. B. NO. 403 Page 17 1
832	813		2
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855	836
856		-	Dated this ________ day of ________, 20_ _.
857		-	________________________________
858		-	County Clerk/Deputy
859		-	of _____________________ County .”.
860		-	In instances where it is impossible to ascertain the exact amount of
861		-	the indebtedness sought to be incurred at the ti me of recording the
862	837		encumbrance, an estimated amount may be used. No purchase order
863	838		shall be valid unless signed by the county purchasing agent and
864	839		certified by the county clerk; and
865	840		4. The county clerk shall file the original purchase order and
866	841		return three copies to the county purchasing agent who shall file a
867	842		copy, retain a copy for the county road and bridge inventory officer
868	843		if the purchase order is f or the purchase of equipment, supplies, or
869	844		materials for the construction or maintenance of roads and bridges,
870	845		and submit the other copy to the receiving officer of the requesting
871	846		department.
872	847		D. 1. The procedure for the purchase of supplies, materials,
873	848		equipment, and information technology and telecommunication goods
874	849		and services at public auction or by sealed bid to be used by a
875	850		county shall be as follows:
876	851		a. the county purchasing agent shall prepare a purchase
877	852		order in quadruplicate and submit it with a copy of
878	853		the requisition to the county clerk,
	854	+	b. the county clerk shall then encumber the amount s tated
	855	+	on the purchase order and assign a sequential number
	856	+	to the purchase order,
	857	+	c. if there is an unencumbered balance in the
	858	+	appropriation made for that pu rpose by the county
	859	+	excise board, the county clerk shall so certify in the
	860	+	following form:
879	861
880		-	SB403 HFLR Page 18
881		-	BOLD FACE denotes Committee Amendments. 1
	862	+	ENGR. S. B. NO. 403 Page 18 1
882	863		2
883	864		3
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905	886
906		-	b. the county clerk shall then encumber the amount stat ed
907		-	on the purchase order and assign a sequential number
908		-	to the purchase order,
909		-	c. if there is an unencumbered balance in the
910		-	appropriation made for that purpose by the county
911		-	excise board, the county clerk shall so certify in the
912		-	following form:
913	887		“I hereby certify that the amount of this encumbrance
914	888		has been entered against the designated appropriation
915	889		accounts and that this encumbrance is within the
916	890		authorized available balance of the appropriation.
917	891		Dated this ________ day of ________, 20__.
918	892		________________________________
919	893		County Clerk/Deputy
920	894		of _____________________ County .”.
921	895		In instances where it is impossible to ascertain the
922	896		exact amount of the indebtedn ess sought to be incurred
923	897		at the time of recording the encumbrance, an estimated
924	898		amount may be used. No purchase order shall be valid
925	899		unless signed by the county purchasing agent and
926	900		certified by the county clerk, and
927	901		d. the county clerk shall file the or iginal purchase
928	902		order and return three copies to the county purchasing
929	903		agent who shall file a copy , retain a copy for the
	904	+	county road and bridge inventory officer if the
	905	+	purchase order is for the purchase of equipment,
	906	+	supplies, or materials for the constr uction or
	907	+	maintenance of roads and bridges, and submit the other
	908	+	copy to the receiving officer of the requesting
	909	+	department.
930	910
931		-	SB403 HFLR Page 19
932		-	BOLD FACE denotes Committee Amendments. 1
	911	+	ENGR. S. B. NO. 403 Page 19 1
933	912		2
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955	934		24
956	935
957		-	county road and bridge inve ntory officer if the
958		-	purchase order is for the purchase of equipment,
959		-	supplies, or materials for the construction or
960		-	maintenance of roads and bridges, and submit the other
961		-	copy to the receiving officer of the requesting
962		-	department.
963	936		2. The procedure for the purchase of supplies, materials , and
964	937		equipment at a public auction when the purchase will be made with
965	938		the proceeds from the sale of county property at the same public
966	939		auction are is as follows:
967	940		a. the purchasing agent shall cause such items being sold
968	941		to be appraised in the manner determined in Section
969	942		421.1 of this title,
970	943		b. the county purchasing agent shal l prepare a purchase
971	944		order in quadruplicate and submit it with a copy of
972	945		the requisition to the county clerk,
973	946		c. the county clerk shall then encumber the amount of the
974	947		appraised value and any additional funds obligated by
975	948		the county on the purchase order a nd assign a
976	949		sequential number to the purchase order,
977	950		d. the county clerk shall certify that the am ount of the
978	951		encumbrance is equal to the appraised value of the
979	952		item being sold plus any additional funds obligated by
980	953		the county. In effect , the recording of the
	954	+	encumbrance is an estimate that is authorized by law.
	955	+	No purchase order shall be valid unless signed by the
	956	+	county purchasing agent and certified by the county
	957	+	clerk,
	958	+	e. the county clerk shall file the original purchase
	959	+	order and return three copies to the county purchasing
981	960
982		-	SB403 HFLR Page 20
983		-	BOLD FACE denotes Committee Amendments. 1
	961	+	ENGR. S. B. NO. 403 Page 20 1
984	962		2
985	963		3
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1007	985
1008		-	encumbrance is an estimate that is authorized by law.
1009		-	No purchase order shall be valid unless signed by the
1010		-	county purchasing agent and certifi ed by the county
1011		-	clerk,
1012		-	e. the county clerk shall file the original purchase
1013		-	order and return three copies to the county purchasing
1014	986		agent who shall file a copy, retain a copy for the
1015	987		county road and bridge inventory officer if the
1016	988		purchase order is for the purchase of equipment,
1017	989		supplies, or materials for the construction or
1018	990		maintenance of roads and bridges, an d submit the other
1019	991		copy to the receiving officer of the requesting
1020	992		department, and
1021	993		f. a purchase shall not be bid until such time that the
1022	994		appraised item or items are sold. Any item or items
1023	995		purchased shall not exceed the appraised value plus
1024	996		any additional funds obligated by the county or the
1025	997		actual selling price of the item or items, whichever
1026	998		is the lesser amount.
1027	999		E. The procedure for the receipt of items shall be as follows:
1028	1000		1. A receiving officer for the requesting department shall be
1029	1001		responsible for receiving all items delivered to that department;
1030	1002		2. Upon the delivery of an item, the receiving officer shall
1031	1003		determine if a purchase order exists for the item being delivered;
	1004	+	3. If no such purchase order has been provided, the receiving
	1005	+	officer shall refuse delivery of the item;
	1006	+	4. If a purchase order is on file, the receiving officer shall
	1007	+	obtain a delivery ticket, bill of lading, or other delivery document
	1008	+	and compare it with the purchase order. If any item is back -
1032	1009
1033		-	SB403 HFLR Page 21
1034		-	BOLD FACE denotes Committee Amendments. 1
	1010	+	ENGR. S. B. NO. 403 Page 21 1
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1053	1029		20
1054	1030		21
1055	1031		22
1056	1032		23
1057	1033		24
1058	1034
1059		-	3. If no such purchase order has been provided, the receiving
1060		-	officer shall refuse delivery of the item;
1061		-	4. If a purchase order is on file, the receiving officer shall
1062		-	obtain a delivery ticket, bill of lading, or other del ivery document
1063		-	and compare it with the purchase order. If any item is back -
1064	1035		ordered, the back order and est imated date of delivery shall be
1065	1036		noted in the receiving report;
1066	1037		5. The receiving officer shall complete a receiving report in
1067	1038		quadruplicate which shall state the quantity and quality of goods
1068	1039		delivered. The receiving report form shall be prescribed by th e
1069	1040		State Auditor and Inspector. The person delivering the goods shall
1070	1041		acknowledge the delivery by signature, noting the date and time;
1071	1042		6. The receiving officer shall file the original receiving
1072	1043		report and submit:
1073	1044		a. a copy of the purchase order and a copy of the
1074	1045		receiving report to the county purchasing agent, and
1075	1046		b. a copy of the receiving report with the delivery
1076	1047		documentation to the county clerk;
1077	1048		7. The county purchasing agent shall file a copy of the
1078	1049		purchase order and a copy of the receiving report;
1079	1050		8. Upon receipt of the original receiving report and the
1080	1051		delivery documentation, the county clerk shall maintain a file until
1081	1052		such time as an invoice is received from the vendor;
	1053	+	9. The invoice shall state the name and address of the vendor
	1054	+	and must be sufficiently itemized to clearly describe each item
	1055	+	purchased, the unit price when applicable, the number or volume of
	1056	+	each item purchased, the total price, the total purchase price, and
	1057	+	the date of the purchase;
1082	1058
1083		-	SB403 HFLR Page 22
1084		-	BOLD FACE denotes Committee Amendments. 1
	1059	+	ENGR. S. B. NO. 403 Page 22 1
1085	1060		2
1086	1061		3
1087	1062		4
1088	1063		5
1089	1064		6
1090	1065		7
1091	1066		8
1092	1067		9
1093	1068		10
1094	1069		11
1095	1070		12
1096	1071		13
1097	1072		14
1098	1073		15
1099	1074		16
1100	1075		17
1101	1076		18
1102	1077		19
1103	1078		20
1104	1079		21
1105	1080		22
1106	1081		23
1107	1082		24
1108	1083
1109		-	9. The invoice shall state the name and address of the vendor
1110		-	and must be sufficiently itemized to clearly describe each item
1111		-	purchased, the unit price when applicable, the number or volume of
1112		-	each item purchased, the total price, the total purchase price, and
1113		-	the date of the purchase;
1114	1084		10. Upon receipt of an invoice, the county clerk shall compare
1115	1085		the following documents:
1116	1086		a. requisition,
1117	1087		b. purchase order,
1118	1088		c. invoice with noncollusion affidavit as required by
1119	1089		law,
1120	1090		d. receiving report, and
1121	1091		e. delivery document.
1122	1092		The documents shall be available for public inspection during
1123	1093		regular business hours; and
1124	1094		11. If the documents conform as to the quantity and quality of
1125	1095		the items, the county clerk shall prepare a warrant for payment
1126	1096		according to procedures provided for by law.
1127	1097		F. The following procedures are for the processing of purchase
1128	1098		orders:
1129	1099		1. The purchasing agent shall be allowed up to three (3) days
1130	1100		to process purchase orders to be presented to the board of county
1131	1101		commissioners for consideration and payment. Nothing herein shall
1132	1102		prevent the purchasing agent from processing or the board of county
	1103	+	commissioners from consideration and payment of utilities, travel
	1104	+	claims, and payroll claims;
	1105	+	2. The board of county commissioners shall consider the
	1106	+	purchase orders so presented and act upon the purchase orders, by
	1107	+	allowing in full or in part or by holding for further information or
1133	1108
1134		-	SB403 HFLR Page 23
1135		-	BOLD FACE denotes Committee Amendments. 1
	1109	+	ENGR. S. B. NO. 403 Page 23 1
1136	1110		2
1137	1111		3
1138	1112		4
1139	1113		5
1140	1114		6
1141	1115		7
1142	1116		8
1143	1117		9
1144	1118		10
1145	1119		11
1146	1120		12
1147	1121		13
1148	1122		14
1149	1123		15
1150	1124		16
1151	1125		17
1152	1126		18
1153	1127		19
1154	1128		20
1155	1129		21
1156	1130		22
1157	1131		23
1158	1132		24
1159	1133
1160		-	commissioners from consideration and payment of utilities, travel
1161		-	claims, and payroll claims;
1162		-	2. The board of county commissioners shall consider the
1163		-	purchase orders so presented and act upon the purchase orders, by
1164		-	allowing in full or in part or by holding for further information or
1165	1134		disallowing the same. The disposition of purchase orders shall be
1166	1135		indicated by the board of county commissioners, showing the amounts
1167	1136		allowed or disallowed , and shall be signed by at least two members
1168	1137		of the board of county commissioners. Any claim held over for
1169	1138		further information shall be acted upon by allowing or disallowing
1170	1139		same at any future meeting of the board held within seventy -five
1171	1140		(75) days from the date of filing of the purchase order. Any
1172	1141		purchase order not acted upon within the seventy -five (75) days from
1173	1142		the date of filing shall be deemed to have been disallowed, but such
1174	1143		disallowance shall not prevent the refiling of the purchase order at
1175	1144		the proper time; and
1176	1145		3. Whenever any allowance, either in whole or in part, is made
1177	1146		upon any purchase order presented to the board of county
1178	1147		commissioners and is accepted by the person making the claim, such
1179	1148		allowance shall be a full settlement of the entire purchase order
1180	1149		and provided that the cashing of war rant shall be considered as
1181	1150		acceptance by the claimant.
1182	1151		G. The procedure upon consumption or disp osal of supplies,
1183	1152		materials, or equipment shall be as follows:
	1153	+	1. For consumable road or bridge items or materials, a
	1154	+	quarterly report of the road and bridge projects completed during
	1155	+	such period shall be prepared and kept on file by the consuming
	1156	+	department. The quarterly report may be prepared and kept
	1157	+	electronically by the consuming department. The report shall
1184	1158
1185		-	SB403 HFLR Page 24
1186		-	BOLD FACE denotes Committee Amendments. 1
	1159	+	ENGR. S. B. NO. 403 Page 24 1
1187	1160		2
1188	1161		3
1189	1162		4
1190	1163		5
1191	1164		6
1192	1165		7
1193	1166		8
1194	1167		9
1195	1168		10
1196	1169		11
1197	1170		12
1198	1171		13
1199	1172		14
1200	1173		15
1201	1174		16
1202	1175		17
1203	1176		18
1204	1177		19
1205	1178		20
1206	1179		21
1207	1180		22
1208	1181		23
1209	1182		24
1210	1183
1211		-	1. For consumable road or bridge items or materials, a
1212		-	quarterly report of the road and bridge projects completed during
1213		-	such period shall be prepared and kept on file by the consuming
1214		-	department. The quarterly report may be prepared and kept
1215		-	electronically by the consuming department. The report shall
1216	1184		contain a record of the date, the place, and the purpose for the use
1217	1185		of the road or bridge items or materials. For purposes of
1218	1186		identifying county bridges, the board of county commissioners shall
1219	1187		number each bridge subject to its jurisdiction; and
1220	1188		2. For disposal of all equipment and information te chnology and
1221	1189		telecommunication goods which originally cost more than Five Hundred
1222	1190		Dollars ($500.00), resolution of disposal shall be submitted by the
1223	1191		officer on a form prescribed by the Office of the State Auditor and
1224	1192		Inspector’s Office Inspector to the board of county commissioners.
1225	1193		The approval of the resolution of disposal shall be entered into the
1226	1194		minutes of the board.
1227	1195		H. Inventory forms and reports shall be retained for not less
1228	1196		than two (2) years after all audit requirements for the state and
1229	1197		federal government have been fulfilled and after any pending
1230	1198		litigation involving the forms and reports has been resolved.
1231	1199		I. The procedures provided for in this section shall not apply
1232	1200		when a county officer certifies that an emergency exists requiring
1233	1201		an immediate expenditure of funds. Such an expenditure of funds
1234	1202		shall not exceed Five Thousand Dollars ($ 5,000.00). The county
	1203	+	officer shall give the county purchasing agent a written explanation
	1204	+	of the emergency. The county purchasing agent shall attach the
	1205	+	written explanation to the purchase order. The purchases shall be
	1206	+	paid by attaching a properly itemized invoice, as described in this
	1207	+	section, to a purchase order which has been prepared by the county
1235	1208
1236		-	SB403 HFLR Page 25
1237		-	BOLD FACE denotes Committee Amendments. 1
	1209	+	ENGR. S. B. NO. 403 Page 25 1
1238	1210		2
1239	1211		3
1240	1212		4
1241	1213		5
1242	1214		6
1243	1215		7
1244	1216		8
1245	1217		9
1246	1218		10
1247	1219		11
1248	1220		12
1249	1221		13
1250	1222		14
1251	1223		15
1252	1224		16
1253	1225		17
1254	1226		18
1255	1227		19
1256	1228		20
1257	1229		21
1258	1230		22
1259	1231		23
1260	1232		24
1261	1233
1262		-	officer shall give the count y purchasing agent a written explanation
1263		-	of the emergency. The county purchasing agent shall attach the
1264		-	written explanation to the purchase order. The purchases shall be
1265		-	paid by attaching a properly itemized invoice, as described in this
1266		-	section, to a purchase order which has been prepared by the county
1267	1234		purchasing agent and submitting them to the county clerk for filing,
1268	1235		encumbering, and consideration for payment by the board of county
1269	1236		commissioners.
1270	1237		J. The county purchasing agent may authorize county purchasing
1271	1238		officers to make acquisitions through the state purchase card
1272	1239		program as authorized by the State P urchasing Director in accordance
1273	1240		with Section 85.5 of Title 74 of the Oklahoma Statutes and defined
1274	1241		in Section 85.2 of Title 74 of the Oklahoma Statutes. Purchase
1275	1242		cardholders A purchase cardholder shall sign a purchase card
1276	1243		agreement prior to becoming a c ardholder and attend purchase card
1277	1244		procedure training as required by the State Purchasing Director .
1278	1245		Complete descriptions of purchases made by county government
1279	1246		entities shall be published through the state transparency portal
1280	1247		pursuant to Section 85.33B o f Title 74 of the Oklahoma Statutes, and
1281	1248		as warrants required to be published pursuant to Sections 444 and
1282	1249		445 of this title.
1283	1250		K. Nothing in this section shall prohibit counties from
1284	1251		providing material and/or services bids on the twelve -month bid list
1285	1252		to all road and bridge projects and contracts. All non -road and
	1253	+	bridge related construction contracts shall refer to subsection A of
	1254	+	Section 103 of Title 61 of the Oklahoma Statutes.
	1255	+	SECTION 3. This act shall become effective November 1, 2025 .
1286	1256
1287		-	SB403 HFLR Page 26
1288		-	BOLD FACE denotes Committee Amendments. 1
	1257	+	ENGR. S. B. NO. 403 Page 26 1
1289	1258		2
1290	1259		3
1291	1260		4
1292	1261		5
1293	1262		6
1294	1263		7
1295	1264		8
1296	1265		9
1297	1266		10
1298	1267		11
1299	1268		12
1300	1269		13
1301	1270		14
1302	1271		15
1303	1272		16
1304	1273		17
1305	1274		18
1306	1275		19
1307	1276		20
1308	1277		21
1309	1278		22
1310	1279		23
1311	1280		24
1312	1281
1313		-	bridge related construction contracts sh all refer to subsection A of
1314		-	Section 103 of Title 61 of the Oklahoma Statutes.
1315		-	SECTION 3. This act shall become effective November 1, 2025.
	1282	+	Passed the Senate the 24th day of March, 2025.
1316	1283
1317		-	COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT OVERSIGHT, dated
1318		-	04/22/2025 - DO PASS.
	1284	+
	1285	+
	1286	+	Presiding Officer of the Senate
	1287	+
	1288	+
	1289	+	Passed the House of Representatives the ____ day of __________,
	1290	+	2025.
	1291	+
	1292	+
	1293	+
	1294	+	Presiding Officer of the House
	1295	+	of Representatives
	1296	+