{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-85.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-85.2","heading":"Definitions","body":"As used in the Oklahoma Central Purchasing Act, unless the\n\ncontext otherwise requires:\n\n1. \"Acquisition\" means items, products, materials, supplies,\n\nservices, and equipment a state agency acquires by purchase, lease-\n\npurchase, lease with option to purchase, rental or value provided to\n\nthe state pursuant to the Oklahoma Central Purchasing Act unless the\n\nitems, products, supplies, services, or equipment are exempt\n\npursuant to the Oklahoma Central Purchasing Act or authority\n\nexercised by the Chief Information Officer;\n\n2. \"Best value criteria\" means evaluation criteria which may\n\ninclude, but is not limited to, the following:\n\na. the acquisition's operational cost a state agency\n\nwould incur,\n\nb. the quality of the acquisition, or its technical\n\ncompetency,\n\nc. the reliability of the bidder's delivery and\n\nimplementation schedules,\n\nd. the acquisition's facilitation of data transfer and\n\nsystems integration,\n\ne. the acquisition's warranties and guarantees and the\n\nbidder's return policy,\n\nf. the bidder's financial stability,\n\ng. the acquisition's adherence to the state agency's\n\nplanning documents and announced strategic program\n\ndirection,\n\nh. the bidder's industry and program experience and\n\nrecord of successful past performance with\n\nacquisitions of similar scope and complexity,\n\ni. the anticipated acceptance by user groups, and\n\nj. the acquisition's use of proven development\n\nmethodology, and innovative use of current\n\ntechnologies that lead to quality results;\n\n3. \"Bid\" or \"proposal\" means an offer a bidder submits in\n\nresponse to an invitation to bid or request for proposal;\n\n4. \"Bidder\" means an individual or business entity that submits\n\na bid or proposal in response to an invitation to bid or a request\n\nfor proposal;\n\n5. \"Business entity\" means individuals, partnerships, business\n\ntrusts, cooperatives, associates, corporations, limited liability\n\ncompanies or any other firm, group or concern which functions as a\n\nseparate entity for business purposes;\n\n6. \"Chief administrative officer\" means an individual\n\nresponsible for directing the administration of a state agency. The\n\nterm does not mean one or all of the individuals that make policy\n\nfor a state agency;\n\n7. \"Component\" means any item supplied as part of an end item\n\nor of another component;\n\n8. \"Contract\" means a mutually binding legal relationship\n\nobligating the seller to furnish an acquisition and the buyer to pay\n\nfor it or provide a potential financial incentive in lieu of\n\npayment. It includes all types of commitments that obligate a state\n\nagency to an expenditure of funds or action that, unless otherwise\n\nauthorized, is in writing. In addition to bilateral instruments,\n\ncontracts include, but are not limited to:\n\na. awards,\n\nb. orders issued under basic ordering agreements,\n\nc. letter agreements, and\n\nd. orders under which the contract becomes effective by\n\nwritten acceptance or performance;\n\n9. \"Contracting\" means obtaining acquisitions from private\n\nsources. Contracting includes description, but not determination,\n\nof acquisitions required, selection and solicitation of sources,\n\npreparation and award of contracts, and contract administration;\n\n10. \"Electronic commerce\" means the use of electronic methods\n\nto enable solicitation, supplier response, contract award, state\n\nagency acquisition processes, or any other function to make an\n\nacquisition;\n\n11. \"Electronic payment mechanism\" means a method of electronic\n\npayment for authorized acquisitions;\n\n12. \"Environmentally preferable products and services (EPPS)\"\n\nmeans acquisitions that best meet the requirements as defined in the\n\nsolicitation for human health and the environment;\n\n13. \"Local governmental entity\" means any unit of local\n\ngovernment including, but not limited to, any school district,\n\ncounty or municipality of this state;\nhod of electronic\n\npayment for authorized acquisitions;\n\n12. \"Environmentally preferable products and services (EPPS)\"\n\nmeans acquisitions that best meet the requirements as defined in the\n\nsolicitation for human health and the environment;\n\n13. \"Local governmental entity\" means any unit of local\n\ngovernment including, but not limited to, any school district,\n\ncounty or municipality of this state;\n\n14. \"Lowest and best\" means an acquisition based on criteria\n\nwhich include, but are not limited to, the following:\n\na. the lowest total purchase price,\n\nb. the quality and reliability of the product, and\n\nc. the consistency of the proposed acquisition with the\n\nstate agency's planning documents and announced\n\nstrategic program direction;\n\n15. \"Multistate contract\" or \"multigovernmental contract\" means\n\nan agreement entered into between two or more entities of government\n\nfor acquisitions pursuant to a single contract;\n\n16. \"Nonprofessional services\" means services which are\n\npredominantly physical or manual in character and may involve the\n\nsupplying of products;\n\n17. \"Open market contract\" means a contract for a one-time\n\nacquisition not exceeding the acquisition amount, requiring a\n\ncompetitive bid pursuant to Section 85.7 of this title;\n\n18. \"Political subdivision\" means local governmental entities\n\nand such other entities specified as political subdivisions pursuant\n\nto The Governmental Tort Claims Act;\n\n19. \"Professional services\" means services which are\n\npredominantly mental or intellectual in character rather than\n\nphysical or manual and which do not involve the supplying of\n\nproducts. Professional services include services to support or\n\nimprove state agency policy development, decision making,\n\nmanagement, administration or the operation of management systems;\n\n20. \"Purchase order\" means an offer by a state agency to make\n\nan acquisition utilizing simplified procedures;\n\n21. \"Purchasing cooperative\" means an association of public\n\nentities working together to provide leverage in achieving best\n\nvalue and/or the best terms in contracts awarded through a\n\ncompetitive bidding process;\n\n22. \"Requisition\" means a written request by a state agency for\n\nan acquisition;\n\n23. \"Sole brand acquisition\" means an acquisition that by\n\nspecification restricts the acquisition to one manufacturer or brand\n\nname;\n\n24. \"Sole source acquisition\" means an acquisition which, by\n\nspecification, restricts the acquisition to one supplier;\n\n25. \"Solicitation\" means a request or invitation by the State\n\nPurchasing Director or a state agency for a supplier to submit a\n\npriced offer to sell one or more acquisitions to the state. A\n\nsolicitation may be an invitation to bid, request for proposal or a\n\nrequest for quotation;\n\n26. \"Split purchase\" means dividing a known quantity or failing\n\nto consolidate a known quantity of an acquisition for the purpose of\n\nevading a competitive bidding requirement;\n\n27. \"State agency\" includes any office, officer, bureau, board,\n\ncounsel, court, commission, department, institution, unit, division,\n\nbody or house of the executive or judicial branches of the state\n\ngovernment, whether elected or appointed, excluding only political\n\nsubdivisions of the state;\n\n28. \"State purchase card\" means a type of commercial card that\n\nallows state agencies to take advantage of existing credit card\n\ninfrastructure to make electronic payments for acquisitions;\n\n29. \"State Purchasing Director\" includes any employee or agent\n\nof the State Purchasing Director, acting within the scope of\n\ndelegated authority;\n\n30. \"Statewide contract\" means a contract for specific\n\nacquisitions for a specified period with a provision allowing some\n\nor all state agencies and local governmental entities to place\n\norders as the acquisitions are needed for delivery during the period\n\nspecified; and\n\n31. \"Supplier\" or \"vendor\" means an individual or business\nchasing Director, acting within the scope of\n\ndelegated authority;\n\n30. \"Statewide contract\" means a contract for specific\n\nacquisitions for a specified period with a provision allowing some\n\nor all state agencies and local governmental entities to place\n\norders as the acquisitions are needed for delivery during the period\n\nspecified; and\n\n31. \"Supplier\" or \"vendor\" means an individual or business\n\nentity that provides or desires to provide acquisitions to state\n\nagencies.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"643955b8e9b7fa2b7acc9708cedbf64dc89cbd25bf2df840d8e740f02c0099cd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-85.17a","next":"us-ok/okla.-stat.-tit.-74-74-85.22"},"notice":"GroundRules: Original legal text. Not legal advice."}