{"data":{"id":"us-ok/okla.-stat.-tit.-62-62-34.31","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 62, § 62-34.31","heading":"Escrow of source code required for acquisition of","body":"customized computer software – Required escrow provisions.\n\nA. No state agency, as defined by Section 250.3 of Title 75 of\n\nthe Oklahoma Statutes, the Purchasing Division of the Office of\n\nManagement and Enterprise Services nor the Information Services\n\nDivision of the Office of Management and Enterprise Services, unless\n\notherwise provided by federal law, shall enter into a contract for\n\nthe acquisition of customized computer software developed or\n\nmodified exclusively for the agency or the state, unless the vendor\n\nagrees to place into escrow with an independent third party the\n\nsource code for the software and/or modifications.\n\nB. The vendor must agree to place the source code for the\n\nsoftware and any upgrades supplied to an agency in escrow with a\n\nthird party acceptable to the agency and to enter into a customary\n\nsource code escrow agreement which includes a provision that\n\nentitles the agency to receive everything held in escrow upon the\n\noccurrence of any of the following:\n\n1. A bona fide material default of the obligations of the\n\nvendor under the agreement with the agency;\n\n2. An assignment by the vendor for the benefit of its\n\ncreditors;\n\n3. A failure by the vendor to pay, or an admission by the\n\nvendor of its inability to pay, its debts as they mature;\n\n4. The filing of a petition in bankruptcy by or against the\n\nvendor when such petition is not dismissed within sixty (60) days of\n\nthe filing date;\n\n5. The appointment of a receiver, liquidator or trustee\n\nappointed for any substantial part of the vendor's property;\n\n6. The inability or unwillingness of the vendor to provide the\n\nmaintenance and support services in accordance with the agreement\n\nwith the agency; or\n\n7. The ceasing of a vendor of maintenance and support of the\n\nsoftware.\n\nThe fees of any third-party escrow agent subject to this section\n\nshall be borne by the vendor.\n\nC. The State Purchasing Director or a procurement officer of a\n\nstate agency shall not process any state agency request for the\n\ncustomization, modernization, or development of computer software\n\nunless the proposed vendor provides documentation that complies with\n\nsubsections A and B of this section.\n\nD. The State Purchasing Director shall provide advice and\n\nassistance, as may be required, in order for state agencies to\n\ncomply with the provisions of this section.\n\nE. As used in this section:\n\n1. \"State agency\" shall include all state agencies, whether\n\nsubject to The Oklahoma Central Purchasing Act or not, except the\n\nOklahoma Lottery Commission; and\n\n2. \"Source code\" means the programming instruction for a\n\ncomputer program in its original form, created by a programmer with\n\na text editor or a visual programming tool and saved in a file.","path":["OK Code","Title 62"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os62.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7a8afd29e421cac69185191a7a346c4916daf513e9c2a0c3a40639eeb42ee144","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-62-62-34.301","next":"us-ok/okla.-stat.-tit.-62-62-34.31.1"},"notice":"GroundRules: Original legal text. Not legal advice."}