reglab/housing_qa huggingface dataset:
74 OK Stat § 74-85.41 (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.41. Professional services contracts.

|A. A state agency that acquires professional services shall comply with the provisions of this section. |B. The state agency may evaluate the performance of the professional services provided pursuant to all professional services contracts exceeding the fair and reasonable acquisition threshold amount. The performance evaluation shall indicate the quality of service or work product of the supplier. The state agency shall retain the evaluation in the document file the state agency maintains for the acquisition pursuant to Section 85.39 of this title. If the evaluation indicates deficiencies with the supplier's work, the state agency shall send a copy of the evaluation to the State Purchasing Director.C. If the work product of the contract is a report subject to disclosure under state or federal law or regulation, the state agency shall file the report with the State Librarian and Archivist.D. A state agency shall administer, monitor and audit the professional services contract and may be required to report the status of an unfinished professional services contract to the State Purchasing Director.E. A professional services contract shall include an audit clause which provides that all items of the supplier that relate to the professional services are subject to examination by the state agency, the State Auditor and Inspector and the State Purchasing Director.F. Except for a contract renewal, the final product of the professional services contract is a written proposal, report or study, the professional services contract shall require the supplier to certify that the supplier has not previously provided the state agency or another state agency with a final product that is a substantial duplication of the final product of the proposed contract.Added by Laws 1986, c. 173, § 6, emerg. eff. May 12, 1986. Amended by Laws 1992, c. 250, § 2, eff. July 1, 1992; Laws 1994, c. 302, § 1, eff. Sept. 1, 1994; Laws 1998, c. 371, § 10, eff. Nov. 1, 1998; Laws 1999, c. 289, § 12, eff. July 1, 1999; Laws 2002, c. 483, § 5, eff. July 1, 2002; Laws 2009, c. 322, § 11; Laws 2011, c. 207, § 2, eff. Nov. 1, 2011; Laws 2020, c. 98, § 18, eff. Nov. 1, 2020.
74 OK Stat § 74-85.41A (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.41A. Emergency acquisitions.

|A. Emergency acquisitions shall be made in compliance with Section 85.39 of Title 74 of the Oklahoma Statutes regarding internal purchasing procedures, Section 85.5a of Title 74 of the Oklahoma Statutes regarding the purchasing card program and applicable rules but are not subject to other provisions of the Oklahoma Central Purchasing Act. The following are emergency acquisitions: |1. An acquisition declared as an emergency by a state agency;2. An acquisition to alleviate a serious environmental emergency if, upon receiving a request from the Chair of the Corporation Commission and after having examined the facts and circumstances of the case, the Governor certifies in writing the existence of a serious environmental emergency. For the purposes of this subsection, "serious environmental emergency" means a situation within the jurisdiction of the Commission:a.in which serious damage to the environment will quickly occur if immediate action is not taken and the damage will be so significant that the urgent need for action outweighs the need for competitive bids, orb.a situation in which human life or safety is in imminent danger or significant property interests are threatened with imminent destruction;3. An acquisition of livestock through a market agency, dealer, commission house or livestock auction market bonded or licensed under federal or state law for the acquisition or collection of semen or embryos, and for the placement of embryos into recipient livestock;4. An acquisition by a state agency pursuant to a contract with the United States Army Corps of Engineers for emergency response or to protect the public health, safety or welfare;5. An acquisition declared by the Office of Management and Enterprise Services (OMES) Risk Management Administrator pursuant to Section 85.58A of Title 74 of the Oklahoma Statutes; or6. A condition certified by the Governor as an emergency.B. Notwithstanding a state agency's exemption from requisition and competitive bidding requirements, a state agency making an emergency acquisition shall timely provide the Purchasing Division within OMES all information required by the State Purchasing Director.Added by Laws 2020, c. 98, § 5, eff. Nov. 1, 2020.
74 OK Stat § 74-85.43 (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.43. Annual report of acquisitions.

|A. Each chief administrative officer of a state agency shall submit to the State Purchasing Director by November 1 of each year a report listing all acquisitions exceeding the agency's acquisition threshold amount for the preceding fiscal year and identify the following: |1. Professional services contracts;2. Nonprofessional services contracts;3. Sole source and sole brand acquisitions; and4. Contracts for the leasing of personal property other than a lease acquisition utilizing a statewide contract.B. The report shall contain:1. The name of the supplier;2. A description of each acquisition;3. The purchase price of the acquisition; and4. The total amount expended to date for the preceding fiscal year for the acquisition.C. The state agency shall additionally submit the report to the State Auditor and Inspector and, upon request, to any member of the Appropriations and Budget Committee of the House of Representatives or Appropriations Committee of the Senate.D. The State Auditor and Inspector shall review the report for compliance with statutes and rules or other provisions of law applicable to sole source and sole brand acquisitions.Added by Laws 1986, c. 173, § 8, emerg. eff. May 12, 1986. Amended by Laws 1998, c. 371, § 11, eff. Nov. 1, 1998; Laws 1999, c. 289, § 13, eff. July 1, 1999; Laws 2009, c. 322, § 13; Laws 2012, c. 304, § 756; Laws 2020, c. 98, § 20, eff. Nov. 1, 2020.
74 OK Stat § 74-85.44B (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.44B. Payment for goods or services pursuant to contract.

|A. Payment for products or services pursuant to a contract executed by a state agency, whether or not such state agency is subject to the Oklahoma Central Purchasing Act shall be made only after products or services have been accepted as satisfactory. This section shall not prohibit the payment of membership dues or payment for subscriptions to magazines, periodicals or books or for payment to vendors providing subscription services. |B. If the State Purchasing Director approves an acquisition from the federal government or agency and determines that the regulations of the federal government or agency handling the acquisition require that partial or full payment be made before the acquisition will be delivered, the State Purchasing Director, upon requisition by the requesting party, shall have a state warrant drawn against the funds of the acquiring state agency payable to the United States of America or its proper agency. The warrant shall be in such amount as may be necessary to meet the terms and conditions of the acquisition without requiring a certificate showing that the acquisition has actually been delivered to the state agency in whose behalf the purchase is being negotiated.Added by Laws 1992, c. 250, § 4, eff. July 1, 1992. Amended by Laws 1993, c. 101, § 1, emerg. eff. April 20, 1993; Laws 2004, c. 309, § 3, eff. July 1, 2004; Laws 2020, c. 98, § 21, eff. Nov. 1, 2020.
74 OK Stat § 74-85.44C (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.44C. Contract allowing vendor or service provider to acquire ownership of material or equipment furnished pursuant to contract.

|Whether or not a state agency is subject to the Oklahoma Central Purchasing Act, no agency shall enter into any contract which provides for the state or state agency to furnish material or equipment to be used by the supplier contracting with the state in the performance of the contract if the contract allows the vendor or service provider to acquire ownership of the material or equipment during or after the term of the contract in any manner other than through competitive bidding or a public sale procedure. |Added by Laws 1992, c. 250, § 5, eff. July 1, 1992. Amended by Laws 2020, c. 98, § 22, eff. Nov. 1, 2020.
74 OK Stat § 74-85.44E (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.44E. Disabled Veteran Businesses – Bonus preference.

|A. Disabled Veteran Businesses. |As used in this section:1. "Service-disabled veteran" means any individual that is disabled as certified by the appropriate federal agency responsible for the administration of veterans' affairs; and2. "Service-disabled veteran business" means a business:a.not less than fifty-one percent (51%) of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than fifty-one percent (51%) of the stock of which is owned by one or more service-disabled veterans, andb.the management and daily business operations of which are controlled by one or more service-disabled veterans.B. In awarding contracts for the performance of any job or service, all agencies, departments, institutions and other entities of this state and of each political subdivision of this state shall give a three-percentage point bonus preference to service-disabled veteran businesses doing business as Oklahoma firms, corporations or individuals, or which maintain Oklahoma offices or places of business.C. In implementing the provisions of subsection B of this section, the following shall apply:1. The Director of the Office of Management and Enterprise Services shall have the goal of three percent (3%) of all such contracts described in subsection B of this section to be awarded to such veterans; and2. If an insufficient number of such veterans doing business in this state submit a bid or proposal for a contract by an agency, department, institution or other entity of the state or a political subdivision, such goal shall not be required and the provisions of paragraph 1 of this subsection shall not apply.D. The Director of the Office of Management and Enterprise Services may promulgate rules in order to implement the provisions of this section.Added by Laws 2015, c. 179, § 1, eff. Nov. 1, 2015. Amended by Laws 2020, c. 98, § 23, eff. Nov. 1, 2020.
74 OK Stat § 74-85.45 (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.45. Oklahoma Minority Business Enterprise Assistance Act.

|Sections 2 through 10 of this act shall be known and may be cited as the "Oklahoma Minority Business Enterprise Assistance Act". |Added by Laws 1987, c. 191, § 2, operative July 1, 1987.
74 OK Stat § 74-85.45a (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.45a. Legislative intent.

|It is recognized by this state that the preservation and expansion of the American economic system of private enterprise is through free competition, but it is also recognized that the security and well-being brought about by such competition cannot be realized unless the actual and potential capacity of minority business enterprises is encouraged and developed. Therefore, it is the intent of the Legislature that the state ensure that minority business enterprises are not underrepresented in the area of procurement of state contracts for construction, services, equipment and goods. It is further the intent that this state provide for the aggressive solicitation of minority business enterprises, provide a feasibility study on a Small Business Surety Bond Guaranty Program, provide other programs targeted for assisting minority business enterprises in qualifying for state bids, and establish a percentage preference bid program for minority business enterprises who desire to participate in such program. |Added by Laws 1987, c. 191, § 3, operative July 1, 1987.
74 OK Stat § 74-85.45b (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.45b. Definitions.

|For purposes of the Oklahoma Minority Business Enterprise Assistance Act: |1. "Minority" means a person who is a lawful resident of the State of Oklahoma and who is:a.Black (a person having origins in any of the black racial groups of Africa),b.Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American descent),c.Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands), ord.American Indian and Alaskan Native (a person having origins in any of the original peoples of North America);2. "Minority business enterprise" means a small business concern, as defined pursuant to Section 3 of the Small Business Act and implementing regulations, which is owned and controlled by one or more minorities and is authorized to do and is doing business under the laws of this state, paying all taxes duly assessed, and domiciled within this state. "Owned and controlled" means a business:a.which is at least fifty-one percent (51%) owned by one or more minorities or, in the case of a publicly owned business, at least fifty-one percent (51%) of all classes or types of the stock is owned by one or more minorities, andb.whose management and daily business operations are controlled by one or more such individuals;3. "Office" means the Office of Management and Enterprise Services; and4. "Person" means an individual, sole proprietorship, partnership, association, or corporation.Added by Laws 1987, c. 191, § 4, operative July 1, 1987. Amended by Laws 2012, c. 304, § 758.
74 OK Stat § 74-85.45c (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.45c. Bid-preference program.

|A. For competitive bids submitted to the state pursuant to the Oklahoma Central Purchasing Act or pursuant to the Public Competitive Bidding Act of 1974 by certified minority businesses, the State Purchasing Director shall prepare and implement a bid-preference program. The program shall require that a percentage be added to the price of the lowest bid and if the certified minority business enterprise submits a bid that falls between the lowest bid plus the percentage, it shall receive the contract. |Provided however, in no instance shall the minority business enterprise be entitled to both a minority bid preference under this act and the preference for state-produced goods pursuant to Section 85.32 of this title.B. The minority business enterprise preference program shall be implemented on the following schedule:1. For the 1988-1989 fiscal year, the State Purchasing Director shall certify the percent of funds expended on state contracts which have been awarded to minority business enterprises certified pursuant to Section 7 of this act. If the State Purchasing Director certifies that a minimum of ten percent (10%) of the funds expended on state contracts were expended on contracts awarded to minority business enterprises certified pursuant to Section 7 of this act then the minority percentage bid preference shall be zero. If the percentage of such funds expended on minority business enterprises is less than ten percent (10%) then a five percent (5%) bid preference shall go into effect; and2. For each following fiscal year, the State Purchasing Director shall certify the percent of funds expended on state contracts which have been awarded to minority business enterprises. When the State Purchasing Director certifies that a minimum of ten percent (10%) of the funds expended on state contracts are expended on contracts awarded to minority business enterprises then the percentage bid preference shall remain at that preference level for a period of one (1) year. After that one-year period, unless the minority bid preference level is zero, the State Purchasing Director shall reduce by one percent (1%) each year the bid preference level unless the required percent of funds expended on state contracts awarded to minority business enterprises decreases below the ten percent (10%) minimum. At that time, the State Purchasing Director shall increase the percentage bid preference one percent (1%) each year to a maximum of five percent (5%) to attain the minimum ten percent (10%) goal of the program. Each year the State Purchasing Director may increase or decrease the bid percentage level in compliance with this section to maintain the minimum ten percent (10%) goal of the program.C. The Department of Transportation is exempted from the provisions of the Minority Business Enterprise Assistance Act.Added by Laws 1987, c. 191, § 5, operative July 1, 1987.
74 OK Stat § 74-85.45d (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.45d. Inability to award contract under preference program.

|In the event that the State Purchasing Director is unable to award a contract pursuant to the provisions of Section 5 of this act, the award may be placed pursuant to the normal competitive bid and award provisions. |Added by Laws 1987, c. 191, § 6, operative July 1, 1987.
74 OK Stat § 74-85.45e (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.45e. Certification as minority business enterprise.

|A. Any minority business enterprise that desires to participate in the minority bid preference program and to bid upon any state contract within the purview of the State Purchasing Director of the Office of Management and Enterprise Services or any other state contract to be let by any state agency not subject to The Oklahoma Central Purchasing Act shall first apply to the State Purchasing Director of the Office of Management and Enterprise Services for certification. |B. The State Purchasing Director of the Office of Management and Enterprise Services shall certify a business which meets the eligibility requirement of this section to qualify as a minority business enterprise. To qualify as a minority business enterprise, the business shall:1. Be a minority business enterprise;2. Submit any documentary evidence required by the rules and regulations of the Office of Management and Enterprise Services to support its status as a minority business enterprise;3. Sign an affidavit stating that it is a minority business enterprise;4. Be qualified to bid pursuant to the provisions of The Oklahoma Central Purchasing Act; and5. Present:a.an application including the entire business history of the operation,b.birth certificates for all minority principals,c.if Native American, tribal registration card/certificate,d.current resumes on all principals, key managers and other key personnel,e.a current financial statement,f.proof of investment by principals,g.loan agreements,h.lease/rental agreement for space, equipment,i.evidence of latest bond,j.if the applicant is a sole proprietor, he shall also include: a copy of a bank signature card,k.if the applicant is a partnership a copy of the partnership agreement shall also be included, andl.if the applicant is a corporation it shall also include: articles of organization, corporation bylaws, copies of all stock certificates, minutes of the first corporate organizational meeting, bank resolution on all company accounts, and a copy of the latest U.S. corporate tax return.C. The State Purchasing Director of the Office of Management and Enterprise Services shall prepare and maintain a list of certified minority business enterprises.D. The State Purchasing Director of the Office of Management and Enterprise Services may deny certification to any minority business enterprise in accordance with the provisions of this act and the rules and regulations of the Office of Management and Enterprise Services. Any person adversely affected by an order of the State Purchasing Director of the Office of Management and Enterprise Services denying certification as a minority business enterprise may appeal as provided in the Administrative Procedures Act.Added by Laws 1987, c. 191, § 7, operative July 1, 1987. Amended by Laws 2012, c. 304, § 759.
74 OK Stat § 74-85.45f (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.45f. Report on contracts awarded to minority business.

|On or before July 15 of each year, the State Purchasing Director shall submit a report to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate on the status of the percentile of state funds expended on contracts awarded to minority business in the preceding fiscal year and provide any report, statistic or information concerning the compliance of the Office of Management and Enterprise Services with the Oklahoma Minority Business Enterprise Assistance Act. |Added by Laws 1987, c. 191, § 8, operative July 1, 1987. Amended by Laws 1998, c. 364, § 27, emerg. eff. June 8, 1998; Laws 2012, c. 304, § 760.
74 OK Stat § 74-85.45g (2021)
2021 Oklahoma Statutes|Title 74. State Government|§74-85.45g. Assignment of contracts.

|If a minority business enterprise is awarded a contract by this state pursuant to the Oklahoma Minority Business Enterprise Assistance Act, said business shall not assign the rights of the contract to any other business without prior written approval of the State Purchasing Director of the Office of Management and Enterprise Services verifying that such business is also a minority business enterprise certified as such by the Office of Management and Enterprise Services. Any such assignment made without the prior written approval of the State Purchasing Director of the Office of Management and Enterprise Services shall be deemed unlawful pursuant to paragraph 5 of subsection A of Section 85.45h of this title. Such unlawful assignment shall be voidable by the Office of Management and Enterprise Services. |Added by Laws 1987, c. 191, § 9, operative July 1, 1987. Amended by Laws 2012, c. 304, § 761.