{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-85.7","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-85.7","heading":"Acquisition initiation – Submission of requisition","body":"A. 1. Except as otherwise provided by the Oklahoma Central\n\nPurchasing Act, or associated rules:\n\na. every state agency shall initiate all acquisitions by\n\nthe submission of a requisition to the Purchasing\n\nDivision, and\n\nb. no state agency shall make an acquisition for an\n\namount exceeding Fifty Thousand Dollars ($50,000.00)\n\nor the limit determined by the State Purchasing\n\nDirector pursuant to rules authorized by Section 85.5\n\nof this title, not to exceed Two Hundred Fifty\n\nThousand Dollars ($250,000.00), without submission of\n\na requisition to the Purchasing Division for issuance\n\nof a solicitation for the acquisition on behalf of the\n\nagency. Any exemption from competitive bid\n\nrequirements of the Oklahoma Central Purchasing Act\n\nfurther exempts the acquisition from requisition\n\nrequirements of the act.\n\n2. The State Purchasing Director may request additional\n\ninformation necessary to adequately review a requisition to ensure\n\ncompliance with the Oklahoma Central Purchasing Act and associated\n\nrules. If the State Purchasing Director determines that an\n\nacquisition is not necessary, excessive or not justified, the State\n\nPurchasing Director shall deny the requisition.\n\n3. The provisions of the Oklahoma Central Purchasing Act shall\n\nnot preclude a state agency from:\n\na. accepting gifts or donations in any manner authorized\n\nby law, or\n\nb. making an acquisition for itself without submitting a\n\nrequisition under this section when authorized in\n\nwriting by the State Purchasing Director.\n\n4. Any acquisition a state agency makes shall be made pursuant\n\nto the Oklahoma Central Purchasing Act and associated rules. No\n\nagency shall use split purchasing for the purpose of evading the\n\nrequirement of competitive bidding or other requirement of the\n\nOklahoma Central Purchasing Act or associated rules. Violation of\n\nthis provision shall be cause for discipline of a state employee up\n\nto and including termination.\n\n5. The State Purchasing Director may waive or increase the\n\nlimit authorized for a state agency acquisition made pursuant to its\n\nown competitive procedures. To perfect an otherwise valid\n\nacquisition inadvertently exceeding the limit due to administrative\n\nerror by a state agency or unforeseeable circumstances, the state\n\nagency shall request a limited waiver or increase upon the discovery\n\nof the error or circumstance to the State Purchasing Director. The\n\nState Purchasing Director shall report requests for waivers or\n\nincreases, stating the amount and whether the request was granted or\n\ndenied, upon request by the Governor, President Pro Tempore of the\n\nSenate or Speaker of the House of Representatives.\n\n6. Competitive bidding requirements of this section shall not\n\nbe required for the following:\n\na. contracts for master custodian banks or trust\n\ncompanies, investment managers, investment\n\nconsultants, and actuaries for the state retirement\n\nsystems, and Oklahoma Employees Insurance and Benefits\n\nBoard, pension fund management consultants of the\n\nOklahoma State Pension Commission and the\n\nCommissioners of the Land Office, examiners, experts,\n\nor consultants for the Insurance Department whose job\n\nduties are tied to Market Conduct Exams, Financial\n\nExams, and Insurance Business Transfers, financial\n\ninstitutions to act as depositories and managers of\n\nthe Oklahoma College Savings Plan accounts and other\n\nprofessional services as defined in Section 803 of\n\nTitle 18 of the Oklahoma Statutes. When requested by\n\nthe Oklahoma Employees Insurance and Benefits Board or\n\nthe governing board of a state retirement system\n\nauthorized to hire investment managers, the Purchasing\n\nDivision shall assist in the process of selecting\n\ninvestment managers,\n\nb. a state agency making such an acquisition shall notify\n\nthe State Purchasing Director within fifteen (15) days\n\nfollowing completion of the acquisition. A list of\n\nthe exempt contracts shall be provided, upon request,\nthe governing board of a state retirement system\n\nauthorized to hire investment managers, the Purchasing\n\nDivision shall assist in the process of selecting\n\ninvestment managers,\n\nb. a state agency making such an acquisition shall notify\n\nthe State Purchasing Director within fifteen (15) days\n\nfollowing completion of the acquisition. A list of\n\nthe exempt contracts shall be provided, upon request,\n\nto a member of the Appropriations and Budget Committee\n\nof the House of Representatives or Appropriations\n\nCommittee of the Senate,\n\nc. purchases of postage by state agencies made pursuant\n\nto Sections 90.1 through 90.4 of this title,\n\nd. a sole source acquisition made in compliance with\n\nSection 85.44D.1 of this title,\n\ne. an acquisition for design, development, communication\n\nor implementation of the state employees flexible\n\nbenefits plan; provided, procedures used for the\n\nacquisition are consistent with competitive bid\n\nrequirements of the Oklahoma Central Purchasing Act\n\nand associated rules,\n\nf. any acquisition of a service which the Office of\n\nManagement and Enterprise Services has approved as\n\nqualifying for a fixed and uniform rate, subject to\n\nthe following:\n\n(1) the Purchasing Division shall establish criteria\n\nand guidelines for those services which may\n\nqualify for a fixed and uniform rate,\n\n(2) fixed and uniform rate contracts authorized by\n\nthis subsection shall be limited to contracts for\n\nthose services furnished to persons directly\n\nbenefiting from such services and shall not be\n\nused by a state agency to employ consultants or\n\nto make other acquisitions,\n\n(3) any state agency desiring to have a service\n\nqualified for a fixed and uniform rate shall make\n\na request for service qualification to the State\n\nPurchasing Director and submit documentation to\n\nsupport the request. The State Purchasing\n\nDirector shall approve or deny the request. If\n\napproved, the state agency shall establish a\n\nfixed and uniform rate for the service. No\n\ncontracts shall be entered into by the state\n\nagency until the rate has been approved by the\n\nstate agency in a public hearing. The proposed\n\nrate shall be clearly and separately identified\n\nin the agenda of the state agency for the hearing\n\nand shall be openly and separately discussed\n\nduring such hearing. The state agency shall\n\nnotify the State Purchasing Director of its\n\npending consideration of the proposed rate at\n\nleast thirty (30) days before the state agency is\n\nto meet on the proposed rate and deliver a copy\n\nof the agenda items concerning the proposed rate\n\nwith supporting documentation. The State\n\nPurchasing Director shall communicate any\n\nobservation, reservation, criticism or\n\nrecommendation to the agency, either in person at\n\nthe time of the hearing or in writing delivered\n\nto the state agency before or at the time of the\n\nhearing. The State Purchasing Director shall\n\nspecifically note in the written communications\n\nwhether the Director has determined the rate to\n\nbe excessive. Any written communication\n\npresented in the absence of the State Purchasing\n\nDirector shall be presented orally during the\n\npublic hearing. Whether made in person or in\n\nwriting, any comment made by the State Purchasing\n\nDirector shall be made a part of the minutes of\n\nthe hearing in full,\necifically note in the written communications\n\nwhether the Director has determined the rate to\n\nbe excessive. Any written communication\n\npresented in the absence of the State Purchasing\n\nDirector shall be presented orally during the\n\npublic hearing. Whether made in person or in\n\nwriting, any comment made by the State Purchasing\n\nDirector shall be made a part of the minutes of\n\nthe hearing in full,\n\n(4) within two (2) weeks after the convening of the\n\nLegislature, the administrative officer of the\n\nstate agency shall furnish to the Speaker of the\n\nHouse of Representatives, the President Pro\n\nTempore of the Senate and to any member of the\n\nHouse or Senate, if requested by the member, a\n\ncomplete list of all of the types of services\n\npaid for by uniform fixed rates, the amount of\n\nthe rate last approved by the agency for the\n\nservice and the number of contracts then in\n\nexistence for each type of service. Any rate\n\nwhich has been determined to be excessive by the\n\nState Purchasing Director shall be specifically\n\nidentified in the list by the state agency, and\n\n(5) at any time, the State Purchasing Director may\n\nreview, suspend or terminate a contract entered\n\ninto pursuant to the provisions of this paragraph\n\nif the Director determines the contract is not\n\nnecessary, is excessive or is not justified,\n\ng. an acquisition for a client of the State Department of\n\nRehabilitation Services; provided, the agency develops\n\nand maintains standards for such an acquisition. The\n\nagency may elect to utilize the Purchasing Division\n\nfor an acquisition. The standards shall foster\n\neconomy, provide a short response time, include\n\nappropriate safeguards, require written records,\n\nensure appropriate competition for economical and\n\nefficient purchasing and shall be approved by the\n\nState Purchasing Director,\n\nh. structured settlement agreements entered into by the\n\nAttorney General’s office in order to settle any\n\nlawsuit involving the state, the Legislature, any\n\nstate agency or any employee or official of the state\n\nif:\n\n(1) prior to entering into any contract for the\n\nservices of an entity to administer a structured\n\nsettlement agreement, the Attorney General\n\nreceives proposals from at least three entities\n\nengaged in providing such services, and\n\n(2) the selection of a particular entity is made on\n\nthe basis of the response to the request which is\n\nthe most economical and provides the most\n\ncompetent service which furthers the best\n\ninterests of the state,\n\ni. an acquisition by a state agency pursuant to a\n\ncontract the State Purchasing Director enters into on\n\nbehalf of a state agency or awards and designates for\n\nuse by state agencies,\n\nj. an acquisition by the Committee for Sustaining\n\nOklahoma’s Energy Resources pursuant to a contract\n\nwith a local supplier for the purpose of holding a\n\nspecial event or an exhibition throughout the state,\n\nand\n\nk. contracts for the study, analysis, and planning, as\n\nreasonably necessary, to aid in determining the\n\nfeasibility of leasing, selling, or privately managing\n\nor developing the property or facilities under control\n\nof the Oklahoma Tourism and Recreation Commission.\n\nThe Commission shall be exempt from the competitive\n\nbidding requirements of the Oklahoma Central\n\nPurchasing Act for the purpose of soliciting,\n\nnegotiating, and effectuating such a contract or\n\ncontracts; provided, that the State Purchasing\n\nDirector shall review and audit all uses of the\n\nexemptions provided in this subparagraph biannually.\n\n7. Notwithstanding any other provision of law, an acquisition\n\nmay be exempted from requirements of this section by the State\n\nPurchasing Director when in the State Purchasing Director’s\n\ndiscretion unusual, time-sensitive or unique circumstances exist\n\nwhich make such exemption in the best and immediate interest of the\n\nstate. As used in this subsection, “State Purchasing Director”\nh biannually.\n\n7. Notwithstanding any other provision of law, an acquisition\n\nmay be exempted from requirements of this section by the State\n\nPurchasing Director when in the State Purchasing Director’s\n\ndiscretion unusual, time-sensitive or unique circumstances exist\n\nwhich make such exemption in the best and immediate interest of the\n\nstate. As used in this subsection, “State Purchasing Director”\n\nshall not mean a designee. Any such acquisitions shall be described\n\nin detail and publicly posted as a data feed. The description shall\n\ninclude the name of the supplier, cost of the acquisition, reason\n\nfor exemption and, as applicable, detailed comparison of the\n\nacquisition with comparable items, any identified cost savings\n\nresulting from the acquisition and a description of benefits to the\n\nstate. The State Purchasing Director shall take no action under the\n\nprovisions of this subsection prior to such public posting.\n\nB. Competitively bid acquisitions shall be awarded to the\n\nlowest and best, or best value, bidder or bidders.\n\nC. Bids for an amount requiring submission of requisitions to\n\nthe Purchasing Division shall be evaluated by the Purchasing\n\nDivision and the state agency receiving the acquisition. At a\n\nminimum, cost and technical expertise shall be considered in\n\ndetermining the lowest and best, or best value, bid. Further, the\n\nstate agency shall present its evaluation and recommendation to the\n\nState Purchasing Director. A documented evaluation report\n\ncontaining the evaluations of the Purchasing Division or the state\n\nagency shall be completed prior to the contract award and such\n\nreport shall be a matter of public record.\n\nD. Except as otherwise specifically provided by law, the\n\nacquisition of food items or food products by a state agency from a\n\npublic trust created pursuant to Sections 176 through 180.56 of\n\nTitle 60 of the Oklahoma Statutes shall comply with competitive\n\nbidding requirements of this section.\n\nE. Cooperative contracts shall not be utilized unless the\n\npurchasing cooperative and its affiliated suppliers have complied\n\nwith competitive bid requirements of the Oklahoma Central Purchasing\n\nAct and associated rules.\n\nF. Notwithstanding any provision of the Oklahoma Central\n\nPurchasing Act, in all cases where federal granted funds are\n\ninvolved, the federal laws, rules and regulations thereto shall\n\ngovern to the extent necessary to inure to the benefit of such funds\n\nto this state.\n\nG. A court order requiring an acquisition by a state agency,\n\nwhether or not such state agency is subject to the Oklahoma Central\n\nPurchasing Act, shall not invalidate competitive bidding procedures\n\nrequired by this section if such court order does not specify a\n\nspecific supplier. Any such acquisition shall comply with\n\ncompetitive bid procedures.","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":"2018aadac765bdc0cce6a80fb5afc0a606d4da3cee7e47dd1ba8d9ded1745b71","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-85.60","next":"us-ok/okla.-stat.-tit.-74-74-85.70"},"notice":"GroundRules: Original legal text. Not legal advice."}