Okla. Stat. tit. 74, § 74-85.45c: Bid-preference program

A. For competitive bids submitted to the state pursuant to the

Oklahoma Central Purchasing Act or pursuant to the Public

Competitive Bidding Act of 1974 by certified minority businesses,

the State Purchasing Director shall prepare and implement a bid-

preference program. The program shall require that a percentage be

added to the price of the lowest bid and if the certified minority

business enterprise submits a bid that falls between the lowest bid

plus the percentage, it shall receive the contract.

Provided however, in no instance shall the minority business

enterprise be entitled to both a minority bid preference under this

act and the preference for state-produced goods pursuant to Section

85.32 of this title.

B. The minority business enterprise preference program shall be

implemented on the following schedule:

1. For the 1988-1989 fiscal year, the State Purchasing Director

shall certify the percent of funds expended on state contracts which

have been awarded to minority business enterprises certified

pursuant to Section 7 of this act. If the State Purchasing Director

certifies that a minimum of ten percent (10%) of the funds expended

on state contracts were expended on contracts awarded to minority

business enterprises certified pursuant to Section 7 of this act

then the minority percentage bid preference shall be zero. If the

percentage of such funds expended on minority business enterprises

is less than ten percent (10%) then a five percent (5%) bid

preference shall go into effect; and

2. For each following fiscal year, the State Purchasing

Director shall certify the percent of funds expended on state

contracts which have been awarded to minority business enterprises.

When the State Purchasing Director certifies that a minimum of ten

percent (10%) of the funds expended on state contracts are expended

on contracts awarded to minority business enterprises then the

percentage bid preference shall remain at that preference level for

a period of one (1) year. After that one-year period, unless the

minority bid preference level is zero, the State Purchasing Director

shall reduce by one percent (1%) each year the bid preference level

unless the required percent of funds expended on state contracts

awarded to minority business enterprises decreases below the ten

percent (10%) minimum. At that time, the State Purchasing Director

shall increase the percentage bid preference one percent (1%) each

year to a maximum of five percent (5%) to attain the minimum ten

percent (10%) goal of the program. Each year the State Purchasing

Director may increase or decrease the bid percentage level in

compliance with this section to maintain the minimum ten percent

(10%) goal of the program.

C. The Department of Transportation is exempted from the

provisions of the Minority Business Enterprise Assistance Act.