1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1430 By: Hall
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6 AS INTRODUCED
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7 An Act relating to central purchasing; creating the
7 Oklahoma Central Purchasing Department; transferring
8 Central Purchasing Division of the Office of
8 Management and Enterprise Services into Oklahoma
9 Central Purchasing Department; amending 74 O.S. 2021,
9 Sections 85.2, 85.3, 85.5, 85.5.1, 85.5a, 85.7, as
10 amended by Section 1, Chapter 339, O.S.L. 2023,
10 85.12, as amended by Section 2, Chapter 339, O.S.L.
11 2023, 85.17a, 85.33, 85.33A, 85.41A, 85.44D.1, and
11 85.44E (74 O.S. Supp. 2023, Sections 85.7 and 85.12),
12 which relate to the Oklahoma Central Purchasing Act;
12 changing references from certain officers to the
13 State Purchasing Director; modifying appointing
13 entity for State Purchasing Director; changing
14 references from certain entities to Department;
14 amending 74 O.S. 2021, Section 85.45j.11, which
15 relates to the Oklahoma Minority Business Enterprise
15 Assistance Act; changing references from certain
16 entities to Department; changing references from
16 certain officers to the State Purchasing Director;
17 amending 74 O.S. 2021, Section 85.45k, which relates
17 to the State Travel Office; changing controlling
18 agency of Office; amending 74 O.S. 2021, Section
18 85.45l, which relates to the Trip Optimizer system;
19 changing references from certain entities to
19 Department; amending 74 O.S. 2021, Section 85.45s,
20 which relates to the Oklahoma Online Bidding Act;
20 changing references from certain officers to the
21 State Purchasing Director; amending 74 O.S. 2021,
21 Sections 85.47a, 85.47b, 85.47c, 85.47d, 85.47f,
22 85.47g, and 85.47i, which relate to the Oklahoma
22 Small Business Surety Bond Guaranty Program Act;
23 changing references from certain entities to
23 Department; changing references from certain officers
24 to the State Purchasing Director; amending 74 O.S.
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 1 2021, Sections 85.51, 85.52, 85.53, 85.54, 85.55,
1 85.55a, which relate to the Oklahoma State Recycling
2 and Recycled Materials Procurement Act; changing
2 references from certain entities to Department;
3 changing references from certain officers to the
3 State Purchasing Director; amending 74 O.S. 2021,
4 Section 85.56, which relates to the State Recycling
4 Revolving Fund; changing controlling entity of fund;
5 amending 74 O.S. 2021, Section 85.58A, which relates
5 to risk management; changing references from certain
6 entities to Department; changing references from
6 certain officers to the State Purchasing Director;
7 amending 74 O.S. 2021, Section 85.58D, which relates
7 to the Risk Management Fire Protection Revolving
8 Fund; changing controlling entity of fund; amending
8 74 O.S. 2021, Section 85.58G, which relates to the
9 Risk Management Elderly and Handicapped
9 Transportation Revolving Fund; changing controlling
10 entity of fund; amending 74 O.S. 2021, Section
10 85.58H, as amended by Section 240, Chapter 282,
11 O.S.L. 2022 (74 O.S. Supp. 2023, Section 85.58H),
11 which relates to indemnity coverage; changing
12 references from certain entity to Department;
12 changing references from certain officers to the
13 State Purchasing Director; amending 74 O.S. 2021,
13 Section 85.58J, which relates to insurance for foster
14 family homes; changing references from certain entity
14 to Department; changing references from certain
15 officers to the State Purchasing Director; amending
15 74 O.S. 2021, Section 85.58K, which relates to the
16 Risk Management Revolving Fund; changing controlling
16 entity of fund; changing references from certain
17 officers to the State Purchasing Director; amending
17 74 O.S. 2021, Section 85.58L, which relates to the
18 Risk Management Political Subdivision Participation
18 Revolving Fund; changing controlling entity of fund;
19 amending 74 O.S. 2021, Section 85.58M, which relates
19 to fees and premiums; changing references from
20 certain entities to Department; amending 74 O.S.
20 2021, Section 85.58N, which relates to the Quick
21 Settlement Account; changing controlling agency of
21 account; amending 74 O.S. 2021, Section 85.58P, which
22 relates to the Risk Management Public Transit
22 Revolving Fund; changing controlling entity of fund;
23 amending 74 O.S. 2021, Sections 85.58Q, 85.58T, and
23 85.58V, which relate to blanket bonds; changing
24 references from certain entities to Department;
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 1 adding amount of surety required for employees of
1 Department; amending 74 O.S. 2021, Section 85.60,
2 which relates to copyrights and patents; changing
2 references from certain entities to Department;
3 amending 74 O.S. 2021, Sections 3001, as amended by
3 Section 1, Chapter 252, O.S.L. 2022, Section 2,
4 Chapter 252, O.S.L. 2022, 3003, as amended by Section
4 3, Chapter 252, O.S.L. 2022, 3004, as amended by
5 Section 4, Chapter 252, O.S.L. 2022, and 3004.1, as
5 amended by Section 5, Chapter 252, O.S.L. 2022 (74
6 O.S. Supp 2023, Sections 3001, 3001.1, 3003, 3004,
6 and 3004.1), which relate to the State Use Advisory
7 Council; adjusting membership on Council; changing
7 references from certain entities to Department;
8 changing references from certain officers to the
8 State Purchasing Director; amending 74 O.S. 2021,
9 Section 3004.2, as amended by Section 6, Chapter 252,
9 O.S.L. 2022 (74 O.S. Supp 2023, Section 3004.2),
10 which relates to the State Use Advisory Council
10 Revolving Fund; changing controlling entity of fund;
11 amending 74 O.S. 2021, Sections 3005 and 3007, as
11 amended by Sections 7 and 9, Chapter 252, O.S.L. 2022
12 (74 O.S. Supp 2023, Sections 3005 and 3007), which
12 relate to fair market prices; changing reference from
13 certain entity to Department; amending 74 O.S. 2021,
13 Section 3008, as amended by Section 10, Chapter 252,
14 O.S.L. 2022 (74 O.S. Supp 2023, Section 3008), which
14 relates to competitive bid pricing; changing
15 reference from certain entity to Department; amending
15 74 O.S. 2021, Section 3009, as amended by Section 11,
16 Chapter 252, O.S.L. 2022 (74 O.S. Supp 2023, Section
16 3009), which relates to an annual strategic plan for
17 the State Use Advisory Council; changing references
17 from certain entity to Department; amending 74 O.S.
18 2021, Section 4191, which relates to state child care
18 facilities; changing references from certain officers
19 to the State Purchasing Director; changing references
19 from certain entities to Department; updating
20 statutory language; making language gender neutral;
20 updating statutory references; repealing 74 O.S.
21 2021, Sections 85.45e, 85.45f, 85.45g, and 85.45h,
21 which relate to central purchasing; providing for
22 codification; and providing an effective date.
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24 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 1 SECTION 1. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 34.3.2 of Title 62, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. There is hereby created the Oklahoma Central Purchasing
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5 Department. The Central Purchasing Division of the Office of
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6 Management and Enterprise Services shall be transferred to the
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7 Oklahoma Central Purchasing Department. Any funds appropriated to,
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8 in the possession of, or allocated to the Central Purchasing
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9 Division of the Office of Management and Enterprise Services shall
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10 be deemed to be funds of the Oklahoma Central Purchasing Department.
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11 B. All functions, powers, duties, and obligations previously
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12 assigned to the Central Purchasing Division of the Office of
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13 Management and Enterprise Services are hereby transferred to the
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14 Oklahoma Central Purchasing Department.
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15 C. All rules, regulations, acts, orders, determinations, and
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16 decisions of the Central Purchasing Division of the Office of
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17 Management and Enterprise Services pertaining to the functions and
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18 powers as transferred and assigned to the Oklahoma Central
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19 Purchasing Department, in force at the time of such transfer,
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20 assignment, assumption, or devolution shall continue in force and
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21 effect as rules, regulations, acts, orders, determinations, and
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22 decisions of the consolidated agencies until duly modified or
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23 abrogated by the appropriate body or until otherwise provided by
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24 law.
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 1 D. Personnel employed by the Central Purchasing Division of the
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2 Office of Management and Enterprise Services on the effective date
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3 of this act shall be transferred to the Oklahoma Central Purchasing
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4 Department.
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5 SECTION 2. AMENDATORY 74 O.S. 2021, Section 85.2, is
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6 amended to read as follows:
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7 Section 85.2. As used in the Oklahoma Central Purchasing Act,
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8 unless the context otherwise requires:
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9 1. “Acquisition” means items, products, materials, supplies,
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10 services, and equipment a state agency acquires by purchase, lease-
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11 purchase, lease with option to purchase, rental or value provided to
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12 the state pursuant to the Oklahoma Central Purchasing Act unless the
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13 items, products, supplies, services, or equipment are exempt
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14 pursuant to the Oklahoma Central Purchasing Act or authority
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15 exercised by the Chief Information Officer State Purchasing
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16 Director;
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17 2. “Best value criteria” means evaluation criteria which may
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18 include, but is not limited to, the following:
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19 a. the acquisition’s operational cost a state agency
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20 would incur,
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21 b. the quality of the acquisition, or its technical
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22 competency,
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23 c. the reliability of the bidder’s delivery and
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24 implementation schedules,
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 1 d. the acquisition’s facilitation of data transfer and
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2 systems integration,
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3 e. the acquisition’s warranties and guarantees and the
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4 bidder’s return policy,
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5 f. the bidder’s financial stability,
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6 g. the acquisition’s adherence to the state agency’s
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7 planning documents and announced strategic program
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8 direction,
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9 h. the bidder’s industry and program experience and
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10 record of successful past performance with
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11 acquisitions of similar scope and complexity,
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12 i. the anticipated acceptance by user groups, and
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13 j. the acquisition’s use of proven development
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14 methodology, and innovative use of current
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15 technologies that lead to quality results;
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16 3. “Bid” or “proposal” means an offer a bidder submits in
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17 response to an invitation to bid or request for proposal;
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18 4. “Bidder” means an individual or business entity that submits
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19 a bid or proposal in response to an invitation to bid or a request
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20 for proposal;
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21 5. “Business entity” means individuals, partnerships, business
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22 trusts, cooperatives, associates, corporations, limited liability
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23 companies or any other firm, group or concern which functions as a
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24 separate entity for business purposes;
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 1 6. “Chief administrative officer” means an individual
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2 responsible for directing the administration of a state agency. The
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3 term does not mean one or all of the individuals that make policy
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4 for a state agency;
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5 7. “Component” means any item supplied as part of an end item
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6 or of another component;
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7 8. “Contract” means a mutually binding legal relationship
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8 obligating the seller to furnish an acquisition and the buyer to pay
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9 for it or provide a potential financial incentive in lieu of
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10 payment. It includes all types of commitments that obligate a state
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11 agency to an expenditure of funds or action that, unless otherwise
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12 authorized, is in writing. In addition to bilateral instruments,
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13 contracts include, but are not limited to:
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14 a. awards,
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15 b. orders issued under basic ordering agreements,
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16 c. letter agreements, and
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17 d. orders under which the contract becomes effective by
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18 written acceptance or performance;
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19 9. “Contracting” means obtaining acquisitions from private
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20 sources. Contracting includes description, but not determination,
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21 of acquisitions required, selection and solicitation of sources,
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22 preparation and award of contracts, and contract administration;
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23 10. “Electronic commerce” means the use of electronic methods
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24 to enable solicitation, supplier response, contract award, state
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 1 agency acquisition processes, or any other function to make an
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2 acquisition;
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3 11. “Electronic payment mechanism” means a method of electronic
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4 payment for authorized acquisitions;
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5 12. “Environmentally preferable products and services (EPPS)”
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6 means acquisitions that best meet the requirements as defined in the
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7 solicitation for human health and the environment;
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8 13. “Local governmental entity” means any unit of local
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9 government including, but not limited to, any school district,
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10 county or municipality of this state;
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11 14. “Lowest and best” means an acquisition based on criteria
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12 which include, but are not limited to, the following:
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13 a. the lowest total purchase price,
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14 b. the quality and reliability of the product, and
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15 c. the consistency of the proposed acquisition with the
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16 state agency’s planning documents and announced
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17 strategic program direction;
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18 15. “Multistate contract” or “multigovernmental contract” means
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19 an agreement entered into between two or more entities of government
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20 for acquisitions pursuant to a single contract;
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21 16. “Nonprofessional services” means services which are
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22 predominantly physical or manual in character and may involve the
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23 supplying of products;
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 1 17. “Open market contract” means a contract for a one-time
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2 acquisition not exceeding the acquisition amount, requiring a
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3 competitive bid pursuant to Section 85.7 of this title;
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4 18. “Political subdivision” means local governmental entities
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5 and such other entities specified as political subdivisions pursuant
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6 to The Governmental Tort Claims Act;
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7 19. “Professional services” means services which are
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8 predominantly mental or intellectual in character rather than
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9 physical or manual and which do not involve the supplying of
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10 products. Professional services include services to support or
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11 improve state agency policy development, decision making,
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12 management, administration or the operation of management systems;
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13 20. “Purchase order” means an offer by a state agency to make
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14 an acquisition utilizing simplified procedures;
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15 21. “Purchasing coopera