{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-85.5","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-85.5","heading":"Powers and duties of State Purchasing Director","body":"A. Except as otherwise provided in this section, the State\n\nPurchasing Director, under the supervision of the Director of the\n\nOffice of Management and Enterprise Services, shall have sole and\n\nexclusive authority and responsibility for all acquisitions by state\n\nagencies. In order to carry out the powers and duties of the Chief\n\nInformation Officer and the Information Services Division, the Chief\n\nInformation Officer shall have sole and exclusive authority and\n\nresponsibility for all acquisitions of information and\n\ntelecommunications technology, equipment, software, products and\n\nrelated peripherals and services by state agencies. Public\n\nconstruction contracts are awarded pursuant to Title 61 of the\n\nOklahoma Statutes and are not subject to the Oklahoma Central\n\nPurchasing Act.\n\nB. Every state agency shall determine its own quantitative\n\nneeds for acquisitions and the general class or nature of the\n\nacquisitions. The State Purchasing Director, after consultation\n\nwith the requisitioning state agency, shall have authority to\n\ndetermine the particular brand, model or other specific\n\nclassification of each acquisition and to draft or invoke pursuant\n\nto the Oklahoma Central Purchasing Act specifications establishing\n\nthe requirements for all necessary contracts or purchase orders.\n\nC. The Director of the Office of Management and Enterprise\n\nServices shall have authority and responsibility to promulgate rules\n\nin connection with provisions of the Oklahoma Central Purchasing Act\n\nfor:\n\n1. The time, manner, authentication and form of making\n\nrequisitions for acquisitions;\n\n2. Inspection, analysis and testing of acquisitions or samples\n\nbidders submit prior to contract award;\n\n3. The form and manner of submission for bids or proposals a\n\nbidder submits and the manner of accepting and opening bids or\n\nproposals;\n\n4. The conditions under which the Office of Management and\n\nEnterprise Services shall require written contracts for\n\nacquisitions, the conditions under which acquisitions may be made on\n\nan open account basis, and the conditions and manner of negotiating\n\nsuch contracts;\n\n5. Obtaining acquisitions produced by state institutions;\n\n6. Conditions under which any of the rules herein authorized\n\nmay be waived;\n\n7. The amounts of and deposits on any bond or other surety\n\nrequired to be submitted with a bid or contract for the furnishing\n\nof acquisitions and the conditions under which such bond or other\n\nsurety shall be required;\n\n8. The manner and conditions of delivery, which shall include\n\nthe designation of the common carrier of property to be used to\n\ntransport acquisitions whenever a common carrier is used, and the\n\nacceptance, or rejection, including check of quantities, of any\n\nacquisitions;\n\n9. The form of any estimate, order or other information\n\nrequired in connection with an acquisition;\n\n10. State agency acquisitions not exceeding the acquisition\n\nthreshold amount requiring competitive bid to ensure\n\ncompetitiveness, fairness, compliance with the Oklahoma Central\n\nPurchasing Act and Section 3001 et seq. of this title, which relates\n\nto the State Use Committee. The rules shall include separate\n\nprovisions based on acquisition amounts as follows:\n\na. state agencies shall make acquisitions not exceeding\n\nTwenty-five Thousand Dollars ($25,000.00), provided\n\nthe acquisition process is fair and reasonable and is\n\nconducted pursuant to rules authorized pursuant to\n\nthis section, and\n\nb. state agencies with certified procurement officers and\n\ninternal purchasing procedures found compliant by the\n\nState Purchasing Director may make acquisitions in\n\nexcess of the fair and reasonable acquisition\n\nthreshold amount provided for in this section and not\n\nexceeding Two Hundred Fifty Thousand Dollars\n\n($250,000.00), pursuant to rules authorized by this\n\nsection;\nt to\n\nthis section, and\n\nb. state agencies with certified procurement officers and\n\ninternal purchasing procedures found compliant by the\n\nState Purchasing Director may make acquisitions in\n\nexcess of the fair and reasonable acquisition\n\nthreshold amount provided for in this section and not\n\nexceeding Two Hundred Fifty Thousand Dollars\n\n($250,000.00), pursuant to rules authorized by this\n\nsection;\n\n11. Training by the State Purchasing Director of state agency\n\nprocurement officers;\n\n12. Review and audit by the State Purchasing Director of state\n\nagency acquisitions;\n\n13. The conditions for increasing acquisition limits for state\n\nagencies which have had a prior reduction in acquisition limit by\n\nthe Director of the Office of Management and Enterprise Services;\n\n14. Use of a state purchase card to make acquisitions;\n\n15. Any other matter or practice which relates to the\n\nresponsibilities of the State Purchasing Director;\n\n16. Conditions for determination and authorization of\n\nacquisition threshold amounts of state agencies;\n\n17. The form and manner of verification by suppliers that the\n\nsupplier is eligible to do business in the State of Oklahoma and has\n\nobtained all necessary permits and licenses, pursuant to applicable\n\nprovisions of law; and\n\n18. Payment procedure rules for state agencies to adhere to\n\nregarding statewide contracts.\n\nD. The State Purchasing Director shall provide training for\n\nstate agency procurement officials, and other procurement staff, and\n\nis authorized to require retraining of such procurement personnel\n\nfound not to be in compliance with provisions of the Oklahoma\n\nCentral Purchasing Act or associated rules. The training may\n\ninclude any matters related to state procurement practices. State\n\nagency purchasing officials that demonstrate proficiency shall be\n\ncertified as \"certified procurement officers\" by the State\n\nPurchasing Director and shall be authorized to make acquisitions\n\npursuant to provisions of the Oklahoma Central Purchasing Act and\n\nassociated rules. The State Purchasing Director may assess a fee to\n\nstate agencies for the training that does not exceed each state\n\nagency's pro rata share of the costs the State Purchasing Director\n\nincurs to provide the training.\n\nE. The State Purchasing Director shall review state agency\n\nacquisitions for the purposes of:\n\n1. Ensuring state agency compliance with provisions of the\n\nOklahoma Central Purchasing Act;\n\n2. Ensuring state agency compliance with rules promulgated by\n\nthe Office of Management and Enterprise Services pursuant to the\n\nOklahoma Central Purchasing Act;\n\n3. Ensuring state agency compliance with provisions of Section\n\n3001 et seq. of this title pertaining to the State Use Committee;\n\n4. Reporting any acquisition by any state agency found not to\n\nbe in compliance with those sections or rules to the Director of the\n\nOffice of Management and Enterprise Services;\n\n5. A determination by the State Purchasing Director to reduce a\n\nstate agency's acquisition authority amount when the state agency is\n\nfound not to be in compliance with the Oklahoma Central Purchasing\n\nAct or associated rules or requirements of the State Purchasing\n\nDirector pursuant to this section; and\n\n6. A determination by the State Purchasing Director to increase\n\na state agency's acquisition authority amount after the agency cures\n\ndeficiencies in connection with a prior reduction in the authority\n\namount by the State Purchasing Director.\n\nF. Based on written findings and when recommended by the State\n\nPurchasing Director, the Director of the Office of Management and\n\nEnterprise Services may:\n\n1. Transmit written findings by the State Purchasing Director\n\nto the State Auditor and Inspector for further investigation,\n\nindicating purchasing procedures that do not conform to the Oklahoma\n\nCentral Purchasing Act or associated rules; or\n\n2. Transmit to the Attorney General or the State Auditor and\ne\n\nPurchasing Director, the Director of the Office of Management and\n\nEnterprise Services may:\n\n1. Transmit written findings by the State Purchasing Director\n\nto the State Auditor and Inspector for further investigation,\n\nindicating purchasing procedures that do not conform to the Oklahoma\n\nCentral Purchasing Act or associated rules; or\n\n2. Transmit to the Attorney General or the State Auditor and\n\nInspector for further investigation a report made by the State\n\nPurchasing Director that the Director of the Office of Management\n\nand Enterprise Services reasonably believes indicates that an action\n\nthat constitutes a criminal violation pursuant to the Oklahoma\n\nCentral Purchasing Act or other laws has been taken by any state\n\nagency, state agency official, bidder or supplier.\n\nG. 1. Pursuant to the requirements of the Oklahoma Central\n\nPurchasing Act, the State Purchasing Director shall have authority\n\nto enter into any statewide, multistate or multigovernmental\n\ncontract. The state entity designated by law, as specified in\n\nSection 1010.3 of Title 56 of the Oklahoma Statutes, shall\n\nparticipate in the purchase of pharmaceuticals available through\n\nsuch multistate or multigovernmental contracts entered into by the\n\nState Purchasing Director.\n\n2. Whenever it appears advantageous to the state or to any\n\nstate agency to purchase or otherwise acquire any acquisition which\n\nmay be offered for sale by the United States government or any\n\nagency thereof, the State Purchasing Director may execute a contract\n\nfor the acquisition with the federal government or federal agency\n\nand may also utilize contracts awarded by other governmental\n\nagencies including, but not limited to, agencies of the United\n\nStates of America.\n\n3. The State Purchasing Director may designate, for use by\n\nstate agencies, contracts described in this subsection and contracts\n\nawarded on behalf of one or more state agencies.\n\n4. Prior to exercising the authority to cancel a contract, the\n\nState Purchasing Director may authorize renegotiation of an existing\n\ncontract with an incumbent supplier for the purposes of obtaining\n\nmore favorable terms for the state.\n\n5. The State Purchasing Director shall have the authority to\n\ndesignate certain contracts for state agencies as statewide\n\ncontracts and mandatory statewide contracts. In order to carry out\n\nthe powers and duties of the Chief Information Officer and\n\nInformation Services Division, the Chief Information Officer shall\n\nhave the authority to designate certain information technology and\n\ntelecommunication contracts as statewide contracts and mandatory\n\nstatewide contracts and may negotiate consolidation contracts,\n\nenterprise agreements and high technology system contracts in lieu\n\nof or in conjunction with competitive bidding procedures to reduce\n\nacquisition cost.\n\n6. The State Purchasing Director may publish such\n\nspecifications relating to materials, supplies, equipment and\n\nservices to be acquired for the state as may best promote\n\ncompetition and apprise potential suppliers of the type of product\n\ndesired.\n\nH. 1. The State Purchasing Director may develop and test new\n\ncontracting policies, procedures and innovations that hold potential\n\nfor making state procurement more effective and efficient and\n\nidentify, and make recommendations to the Legislature of, any\n\nappropriate changes in law. Such development and testing, proof of\n\nconcept, pilot project or other similar test shall not be considered\n\nan acquisition subject to the Oklahoma Central Purchasing Act.\n\n2. The State Purchasing Director is authorized to explore and\n\ninvestigate cost savings in energy, resource usage and maintenance\n\ncontracts and to identify and negotiate contract solutions\n\nincluding, but not limited to, pilot projects to achieve cost\n\nsavings for this state.\n\nI. The State Purchasing Director shall endeavor to satisfy\n\nstate agencies in terms of cost, quality and timeliness of the\n. The State Purchasing Director is authorized to explore and\n\ninvestigate cost savings in energy, resource usage and maintenance\n\ncontracts and to identify and negotiate contract solutions\n\nincluding, but not limited to, pilot projects to achieve cost\n\nsavings for this state.\n\nI. The State Purchasing Director shall endeavor to satisfy\n\nstate agencies in terms of cost, quality and timeliness of the\n\ndelivery of acquisitions by using bidders who have a record of\n\nsuccessful past performance, promoting competition, minimizing\n\nadministrative operating costs and conducting business with\n\nintegrity, fairness and openness.\n\nJ. The State Purchasing Director shall undertake the following:\n\n1. The use of electronic commerce pursuant to the Oklahoma\n\nOnline Bidding Act for solicitation, notification and other\n\npurchasing processes;\n\n2. Monitoring rules promulgated pursuant to the Oklahoma\n\nCentral Purchasing Act to ensure that the rules satisfy the\n\ninterests of the state, are clear and succinct and encourage\n\nefficiency in purchasing processes;\n\n3. A program to identify suppliers' performance records;\n\n4. Development of criteria for the use of sealed bid\n\ncontracting procedures, negotiated contracting procedures, selection\n\nof types of contracts, postaward administration of purchase orders\n\nand contracts, addendums, termination of contracts and contract\n\npricing;\n\n5. Continual improvement in the quality of the performance of\n\nthe Purchasing Division through training programs, management\n\nseminars, development of benchmarks and key management indicators,\n\nand development of standard provisions, clauses and forms;\n\n6. The State Purchasing Director shall prescribe standardized\n\ncontract forms and all other forms or certifications requisite or\n\ndeemed necessary by the State Purchasing Director to effectuate the\n\nprovisions of the Oklahoma Central Purchasing Act and associated\n\nrules;\n\n7. Development of programs to improve customer relations\n\nthrough training, improved communications and appointment of\n\ntechnical representatives;\n\n8. Provide for public two-way communication between procurement\n\nofficers and potential bidders who have questions regarding a\n\nrequest for proposal or invitation to bid; and\n\n9. Determine whether and to what extent information included in\n\na bid or similar offer is confidential and reject all requests to\n\ndisclose the information so designated.\n\nK. The State Purchasing Director may utilize and authorize\n\nstate agencies to utilize reverse auctions to obtain acquisitions.\n\nL. Prior to the award of a contract to a supplier, the State\n\nPurchasing Director shall verify, pursuant to applicable provisions\n\nof law, that the supplier is eligible to do business in this state\n\nby confirming registration with the Secretary of State and franchise\n\ntax payment status pursuant to Sections 1203 and 1204 of Title 68 of\n\nthe Oklahoma Statutes. The provisions of this subsection shall be\n\napplicable only if the contract amount is Two Hundred Fifty Thousand\n\nDollars ($250,000.00) or greater.\n\nM. On an annual basis, the State Purchasing Director shall\n\ntransmit to the Governor, Speaker of the House of Representatives\n\nand President Pro Tempore of the Senate a report documenting the\n\nsavings realized by each agency through the application of best\n\nspend practices including the collection and tracking of spend data,\n\nstrategic sourcing programs and implementation of managed and\n\nmandatory statewide contracts and include in the report information\n\nregarding emergency acquisitions.\n\nN. The acquisition threshold amount applicable to an\n\nacquisition made pursuant to this act or associated rules shall not\n\napply to state agency purchases; provided, the State Purchasing\n\nDirector determines the agency has subject matter experts on staff\n\nhaving the specialized expertise to purchase goods or services, the\nency acquisitions.\n\nN. The acquisition threshold amount applicable to an\n\nacquisition made pursuant to this act or associated rules shall not\n\napply to state agency purchases; provided, the State Purchasing\n\nDirector determines the agency has subject matter experts on staff\n\nhaving the specialized expertise to purchase goods or services, the\n\nagency possesses the necessary legal and procurement staff to\n\nprocure and monitor the contracts and provided the Director of the\n\nOffice of Management and Enterprise Services shall certify that the\n\nproposed purchase does not conflict with consolidated statewide\n\nspend initiatives.\n\n1. Nothing in this subsection shall give an agency authority to\n\nissue statewide, multistate or multigovernmental contracts.\n\n2. Agencies making purchases pursuant to this subsection shall:\n\na. be responsible for contracts awarded pursuant to this\n\nsubsection, which includes, but may not be limited to,\n\ncontract management, protest costs, all costs\n\nconnected with or incurred as a result of the\n\ncontract, including legal representation,\n\nb. comply with rules and policies of the Office of\n\nManagement and Enterprise Services, and\n\nc. report contracts issued pursuant to this subsection to\n\nthe Office of Management and Enterprise Services,\n\nCentral Purchasing Division, on a quarterly basis.\n\n3. Purchases made in accordance with this subsection shall be\n\nmade pursuant to rules authorized by this section.\n\nO. The State Purchasing Director, with approval by the Director\n\nof the Office of Management and Enterprise Services, is authorized\n\nto make use of any state laboratories for the tests and analyses\n\nauthorized in this section wherever practicable and to use private\n\nlaboratories or the laboratories of another government agency if it\n\nis impracticable to use state laboratories. The State Purchasing\n\nDirector is further authorized to cooperate in test and analysis\n\nprograms or agreements with other states or the United States\n\ngovernment and to accept federal funds and funds donated by private\n\nendowments or foundations for the purpose of participation in such\n\ntesting programs.\n\nP. The State Purchasing Director shall require all contractors\n\nor subcontractors who have entered into a contract with a public\n\nemployer to submit an affidavit that the contractor or subcontractor\n\nis in compliance with the provisions of Section 1313 of Title 25 of\n\nthe Oklahoma Statutes. If the State Purchasing Director determines\n\nthat a contractor or subcontractor has knowingly submitted a false\n\naffidavit:\n\n1. The contractor or subcontractor shall be liable for an\n\nadministrative penalty of Five Thousand Dollars ($5,000.00) for the\n\nfirst offense, which shall increase by Two Thousand Dollars\n\n($2,000.00) for each subsequent offense; and\n\n2. The public employer or the Office of Management and\n\nEnterprise Services may terminate the contract with the contractor\n\nor subcontractor.","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":"78b36f49257d18380e5c699cd7d34310ca833c3637bc53dc1c4d8725a91206df","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-85.47j","next":"us-ok/okla.-stat.-tit.-74-74-85.5.1"},"notice":"GroundRules: Original legal text. Not legal advice."}