{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-85.44d.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-85.44D.1","heading":"Sole source or sole brand acquisition","body":"A. 1. A sole source acquisition is exempt from competitive\n\nbidding procedures as a sole source or requirements of this act, but\n\na sole brand acquisition is subject to such competitive bidding\n\nrequirements.\n\n2. For each sole source or sole brand acquisition, the state\n\nagency shall retain in the state agency's acquisition file and\n\nattach to the requisition, a certification signed by the chief\n\nadministrative officer of the state agency, in the following form:\n\nSOLE SOURCE OR SOLE BRAND ACQUISITION\n\nCERTIFICATION\n\nSTATE AGENCY ________________________\n\nSUPPLIER NAME ________________________\n\nSUPPLIER ADDRESS ________________________\n\nSUPPLIER CONTACT INFORMATION ________________________\n\nIn connection with the attached requisition or contract, I\n\nhereby affirm that\n\n(Name of Supplier)\n\nis the only business entity singularly qualified to provide the\n\nacquisition, or is the only brand satisfying the acquisition\n\nrequirements, for the following reasons:\n\n______________________________________________________\n\n______________________________________________________\n\n______________________________________________________\n\n______________________________________________________\n\n______________________________________________________\n\nThe following is a brief description of all efforts made to\n\nverify that the acquisition qualifies as a sole source or sole brand\n\nacquisition:\n\n______________________________________________________\n\n______________________________________________________\n\n______________________________________________________\n\n______________________________________________________\n\n______________________________________________________\n\nI understand that the signing of this certification knowing such\n\ninformation to be false may result in forfeiture of my position and\n\nineligibility for appointment to or employment in state service for\n\na period of five (5) years following forfeiture of position.\n\n_____________________________\n\n(Chief administrative officer)\n\n3. A court order requiring a particular acquisition, but which\n\ndoes not specify a brand or supplier shall not substitute for the\n\ncertification required by this section or otherwise invalidate\n\nacquisition procedures required by the Oklahoma Central Purchasing\n\nAct.\n\n4. Upon a determination by the Director of the Office of\n\nManagement and Enterprise Services that there are reasonable grounds\n\nto believe that a violation of this section has occurred, the\n\nDirector shall send findings to the Attorney General that support\n\nthe determination. The Attorney General shall review the findings\n\nand determine whether to investigate or prosecute the person.\n\n5. Prior to approving a requisition for a sole source or sole\n\nbrand acquisition, the Purchasing Division shall require the signed\n\ncertification documenting the need for a sole source or sole brand\n\nacquisition and shall retain the certification in accordance with\n\nstate record retention requirements.\n\n6. For a sole source or sole brand acquisitions exceeding the\n\nfair and reasonable acquisition threshold amount and not requiring\n\nsubmission of a requisition to the Purchasing Division, the state\n\nagency's certified procurement officer shall retain, in the\n\nacquisition file, the signed certification documenting the need for\n\nthe sole source or sole brand acquisition in accordance with state\n\nrecord retention requirements.\n\nB. By the fifteenth day of each month, or the first working day\n\nthereafter, the Office of Management and Enterprise Services shall\n\nprovide a report to:\n\n1. The Speaker of the House of Representatives and the\n\nPresident Pro Tempore of the Senate; and\n\n2. Any member of the Legislature requesting the report.\n\nThe report shall detail sole source and sole brand acquisitions\n\nby state agencies for the month prior to the month preceding the\n\nsubmission of the report. The report shall be titled \"Monthly Sole\nnterprise Services shall\n\nprovide a report to:\n\n1. The Speaker of the House of Representatives and the\n\nPresident Pro Tempore of the Senate; and\n\n2. Any member of the Legislature requesting the report.\n\nThe report shall detail sole source and sole brand acquisitions\n\nby state agencies for the month prior to the month preceding the\n\nsubmission of the report. The report shall be titled \"Monthly Sole\n\nSource and Sole Brand Contracting Report of Oklahoma State Agencies\"\n\nand indicate the time period of the report. The report shall be\n\nprovided by the Director of the Office of Management and Enterprise\n\nServices or the Director's designee. The report shall be in\n\ncolumnar database format and shall include at least the following\n\nfields of information: state agency number; state agency name; date\n\ncreated by the Office of Management and Enterprise Services for the\n\nrequisition; date of either approval or disapproval of the\n\nrequisition; if disapproved, the reason why such contract\n\nrequisition was disapproved; estimated amount of the requisition\n\nacquisition; purchase order amount; purchase order number; actual\n\nbusiness name of supplier; supplier federal employer identification\n\nnumber; and the commodity classification listing at the appropriate\n\nlevel to distinguish between similar acquisitions. Information\n\nrequired by this subsection shall be reported and maintained on each\n\nreport through the next reporting period after an acquisition is\n\nmade. The applicable data in the fields of information specified in\n\nthis subsection shall be listed even if the state agency requisition\n\nis disapproved.","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":"5f80afcefa217cf6f1ac04338c5fa4f80d04a2a8118e8401fa6bafb71542e05a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-85.44c","next":"us-ok/okla.-stat.-tit.-74-74-85.44e"},"notice":"GroundRules: Original legal text. Not legal advice."}