reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 74. State Government › §74-85.33A. Contract Management Revolving Fund.

A. There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services to be designated the "Contract Management Revolving Fund". The fund shall consist of any monies received from fees, levies or rebates the Office receives in accordance with subsection B of this section. The revolving fund shall be a continuing fund, without legislative appropriation, not subject to fiscal year limitations, and shall be under the control and management of the Office of Management and Enterprise Services. Expenditures from the Contract Management Revolving Fund shall be budgeted and expended pursuant to the laws of the state and the statutes relating to public finance. The fund shall be used to defray the costs of the Purchasing Division. Warrants for expenditures from the fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the Office, and approved for payment by the Director of the Office of Management and Enterprise Services.
B. The State Purchasing Director may enter into or award contracts that provide a contract management fee, levy or rebate to the Office of Management and Enterprise Services. The State Purchasing Director shall ensure that a contract that provides a management fee, levy or rebate provides value to acquiring agencies exceeding open market acquisition costs.
Added by Laws 2003, c. 342, § 5. Amended by Laws 2012, c. 304, § 753; Laws 2020, c. 98, § 16, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.39. Agency internal purchasing procedures.

A. 1. Each state agency shall develop internal purchasing procedures for acquisitions by the state agency. Procedures shall, at a minimum, include provisions for the state agency's needs assessment, funding, routing, review, audits, monitoring and evaluations. Following development, the state agency shall submit the procedures to the State Purchasing Director for approval.
2. The State Purchasing Director shall review the procedures submitted pursuant to paragraph 1 of this subsection to determine compliance with the Oklahoma Central Purchasing Act, rules promulgated pursuant thereto, Sections 3001 through 3010 of this title and provisions of paragraph 1 of this subsection. The State Purchasing Director shall notify the state agency that the procedures are in compliance or indicate revisions necessary to bring the procedures into compliance.
B. A state agency shall not make acquisitions exceeding the fair and reasonable acquisition threshold amount, unless the State Purchasing Director provides notice of compliance.
C. Each state agency shall maintain a document file for each acquisition the state agency makes which shall include, at a minimum, justification for the acquisition, supporting documentation, copies of all contracts, if any, pertaining to the acquisition, evaluations, written reports if required by contract and any other information the State Purchasing Director requires be kept.
Added by Laws 1986, c. 173, § 3, emerg. eff. May 12, 1986. Amended by Laws 1998, c. 371, § 9, eff. Nov. 1, 1998; Laws 1999, c. 289, § 10, eff. July 1, 1999; Laws 2009, c. 322, § 10; Laws 2012, c. 304, § 755; Laws 2020, c. 98, § 17, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.40. Travel expenses to be included in bid, proposal, or quotation.

Suppliers that may incur travel expenses pursuant to an acquisition by a state agency from the supplier shall include travel expenses in the total acquisition price in the supplier's bid, proposal, or quotation. A state agency shall not pay any supplier travel expenses in addition to the total price of the acquisition.
Added by Laws 1986, c. 173, § 5, emerg. eff. May 12, 1986; Amended by Laws 1991, c. 197, § 3, eff. July 1, 1991; Laws 1999, c. 289, § 11, eff. July 1, 1999.
2023 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.
2023 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, or
b.
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; or
6. 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.
2023 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; and
4. 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; and
4. 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.
2023 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.
2023 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.
2023 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; and
2. "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, and
b.
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; and
2. 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.
2023 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.
2023 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), or
d.
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, and
b.
whose management and daily business operations are controlled by one or more such individuals;
3. "Office" means the Office of Management and Enterprise Services; and
4. "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.
2023 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; and
2. 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.
2023 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.
2023 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; and
5. 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, and
l.
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.
2023 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.
2023 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.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.45h. Prohibited acts - Penalty.

A. It shall be unlawful for a person to:
1. Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain, certification as a minority business enterprise for the purposes of this act.
2. Knowingly and willfully make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of certification of any entity as a minority business enterprise.
3. Knowingly and willfully obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise.
4. Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public monies to which the person is not entitled under this act.
5. Knowingly and willfully assign any contract awarded pursuant to the Oklahoma Minority Business Enterprise Assistance Act to any other business enterprise without prior written approval of the State Purchasing Director pursuant to Section 85.45g of this title.
B. Any person convicted of violating any provision of the Oklahoma Minority Business Enterprise Assistance Act shall be guilty of a felony, punishable by imprisonment in the State Penitentiary for not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine.
C. If a contractor, subcontractor, supplier, subsidiary, principal or affiliate thereof, has been found to have violated this act and that violation occurred within three (3) years of another violation of this act, the Office of Management and Enterprise Services shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof, from entering into a state project or state contract and from further bidding to a state entity, and from being a subcontractor to a contractor for a state entity and from being a supplier to a state entity.
Added by Laws 1987, c. 191, § 10, operative July 1, 1987. Amended by Laws 1997, c. 133, § 585, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 425, eff. July 1, 1999; Laws 2012, c. 304, § 762.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 585 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.45i. Studies to determine disparity in minority business.

No later than December 31, 1994, each municipality with a population of three hundred thousand (300,000) or more according to the latest Federal Decennial Census shall conduct a study to determine the disparity, if any, in minority business contracts awarded by such municipality, and to determine the feasibility of the establishment of a percentage preference bid program that provides for a minimum of five percent (5%) of the funds expended on municipal contracts to be awarded to minority business enterprises as certified by the Oklahoma State Purchasing Director under the Oklahoma Minority Business Enterprise Assistance Act, Sections 85.45 through 85.45h of Title 74 of the Oklahoma Statutes.
Added by Laws 1994, c. 322, § 32, emerg. eff. June 8, 1994.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.45j.11. Oklahoma Supplier Diversity Initiative.

A. There is hereby created the "Oklahoma Supplier Diversity Initiative", which shall be a state-sponsored supplier diversity program to provide a resource for state agencies and private businesses to utilize diverse firms in procurement opportunities to encourage growth in the economy of the state. The program shall provide convenience for qualified and certified small business enterprises and minority business enterprises in contracting projects in underserved areas.
B. The program shall allow diverse business enterprises to register with the Office of Management and Enterprise Services and allow registered vendors to be automatically notified of opportunities to do business with the state for specific commodities. The program shall provide for simplified vendor registration processes.
C. The program shall authorize the Oklahoma Department of Commerce to develop a diversity certification program to qualify and certify diverse business enterprises for the state.
D. To qualify for the program, businesses shall have less than five hundred total employees, an annual revenue equal to or less than Twenty-five Million Dollars ($25,000,000.00) and be certified as one of the following:
1. An Oklahoma Department of Transportation Disadvantaged Business Enterprise;
2. Any of the following entities certified by the United States Small Business Administration:
a.
Woman-Owned Small Business,
b.
Minority-Business Enterprise,
c.
Small Disadvantaged Business,
d.
Service-disabled Veteran-Owned Small Business,
e.
HUBZone Small Business Concern, and
f.
8(a) Business Development Program;
3. A Native American-owned Business; or
4. A Veteran-owned Business.
E. The Central Purchasing Division of the Office of Management and Enterprise Services shall:
1. Amend the vendor registration process to require diversity certification check off and size standard information; and
2. Create a search tool for all state agencies and public or private entities to utilize to obtain contact information for diverse firms for the purpose of promoting procurement opportunities within the state.
F. On or before September 1 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 a certified Oklahoma Department of Transportation Disadvantaged Business Enterprise and all of the entities certified by the United States Small Business Administration mentioned in subsection D of this section in the preceding fiscal year. The report may include related economic impacts when applicable. The report, statistics or other information concerning the participation in the program shall be retained by the Office of Management and Enterprise Services.
G. The Oklahoma Department of Commerce shall promulgate rules to create and administer the Oklahoma Supplier Diversity Initiative.
Added by Laws 2021, c. 476, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.45k. State Travel Office.

A. There is hereby created the State Travel Office within the Purchasing Division of the Office of Management and Enterprise Services.
B. All state agencies and departments of this state may make arrangements for all air travel on scheduled commercial airlines for state employees required to travel in the course of their official duties and for all other persons traveling at state expense through the State Travel Office, except when the state agency determines that:
1. The air travel services can be secured at a cost less than that which can be secured by the State Travel Office; or
2. The air travel originates from a location outside the state and it would be impractical to arrange for the air travel through the State Travel Office; or
3. The air travel is necessitated by an emergency and time does not permit utilization of the State Travel Office's services; or
4. The air travel is part of a package arrangement made by the organization scheduling the meeting or conference.
C. All claims made for reimbursement shall contain a statement showing the reason for the exemption.
D. The State Travel Office shall promulgate rules and contract specifications to which the contract travel agencies shall be subject. The rules and specifications shall be drawn with the intent of obtaining the lowest available fares for scheduled commercial air travel.
E. At the end of each month the contract travel agencies shall furnish a statement, if requested, in a form approved by the State Travel Office, showing certain details of all travel arrangements handled to each state agency for which the contract travel agencies have furnished their services and shall also furnish copies of the statements to the State Travel Office.
Added by Laws 1985, c. 271, § 1, eff. Nov. 1, 1985. Amended by Laws 1986, c. 203, § 1, eff. Nov. 1, 1986; Laws 1993, c. 204, § 1, eff. Sept. 1, 1993; Laws 1998, c. 371, § 12, eff. Nov. 1, 1998. Renumbered from § 79 of this title by Laws 1998, c. 371, § 15, eff. Nov. 1, 1998. Amended by Laws 2012, c. 106, § 4; Laws 2013, c. 15, § 101, emerg. eff. April 8, 2013; Laws 2019, c. 30, § 1, eff. Nov. 1, 2019.
NOTE: Laws 2012, c. 304, § 764 repealed by Laws 2013, c. 15, § 102, emerg. eff. April 8, 2013.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.45l. Trip Optimizer system – Purpose and application - Exceptions.

A. Each state agency, board, commission or other entity organized within the executive department of state government shall use the Trip Optimizer system of the Office of Management and Enterprise Services in computing the optimum method and cost for travel by state employees using a motor vehicle where the travel will exceed one hundred (100) miles per day and the employee is not driving a state-owned or -leased dedicated vehicle. For purposes of this section, "dedicated vehicle" means a vehicle that has been assigned to the employee.
B. The provisions of this section shall be used to determine the most cost-effective method of travel by motor vehicles, whether such vehicles are owned by the agency, leased by the agency or by the employee, and shall be applicable for purposes of determining the maximum authorized amount of any travel reimbursement for employees of such agencies related to vehicle usage.
C. A nonappropriated state agency, that employs persons who use personal vehicles as part of their regular duties and who are reimbursed for travel expenses by the agency shall not be required to utilize the Trip Optimizer system with regard to the travel expenses of such employees. As used in this section, "nonappropriated state agency" means an entity within the executive branch of government that does not receive any of its funding through the annual legislative appropriations process.
D. The maximum authorized amount of travel reimbursement related to vehicle usage shall be the lowest cost option as determined by the Trip Optimizer system. All travel claims submitted for reimbursement shall include the results of the Trip Optimizer system indicating the lowest cost option for travel by the state employee.
E. State employees may be exempt from the reimbursement requirements of the Trip Optimizer system, provided the state employees utilize a personally owned vehicle and seek reimbursement according to the schedule referenced in subsection F of this section.
F. The Office of Management and Enterprise Services shall publish a schedule of reimbursement rates for state employee travel. The schedule may apply to exemptions claimed under subsection E of this section. The schedule may categorize reimbursement rates by type of vehicle and shall not exceed standard mileage reimbursement rates as established by the Internal Revenue Service.
G. In providing a calculation of rates, the Trip Optimizer system shall account for the distance that an employee must travel to pick up a rental or state fleet vehicle.
H. In providing a calculation of rates, the Trip Optimizer system shall account for the long-term rate discounts offered through the state's purchasing contract for vehicle rentals.
Added by Laws 2009, c. 152, § 1, eff. July 1, 2009. Amended by Laws 2011, c. 158, § 1, eff. Nov. 1, 2011; Laws 2012, c. 316, § 6, eff. Nov. 1, 2012; Laws 2013, c. 15, § 103, emerg. eff. April 8, 2013; Laws 2016, c. 112, § 1, eff. Nov. 1, 2016.
NOTE: Laws 2012, c. 304, § 765 repealed by Laws 2013, c. 15, § 104, emerg. eff. April 8, 2013.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.45p. Intent of act.

The intent of the Oklahoma Online Bidding Act is:
1. To provide increased economy in state government procurement activities and to maximize to the fullest extent practicable the purchasing value of state monies while ensuring that procurements are the most advantageous to state agencies;
2. To foster effective broad-based competition for state procurement within the free enterprise system;
3. To modernize state statutes governing state government procurement and permit the continued development of explicit and thoroughly considered procurement policies and practices;
4. To ensure the fair and equitable treatment of all persons who deal with state government procurement processes and to promote increased public confidence in state government procurement procedures; and
5. To provide an ongoing funding source for new and innovative electronic procurement practices that would otherwise not be possible due to previous funding practices and guidelines.
Added by Laws 2003, c. 60, § 2, eff. July 1, 2003.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.45q. Definitions.

As used in the Oklahoma Online Bidding Act:
1. "Construction" shall be defined as provided by Section 202 of Title 61 of the Oklahoma Statutes for online bids subject to the Public Facilities Act;
2. "Procurement" means buying, purchasing, renting, leasing, or otherwise acquiring any goods, services, construction, or information services. The term also means all functions that pertain to the obtaining of any goods, services, construction, or information services including, but not limited to, the description of requirements, selection, and solicitation of sources, negotiation, preparation and award of contracts, and all phases of contract administration;
3. "State agencies" or "agencies" shall be defined as state agency is defined in Section 85.2 of this title for online bids subject to the Oklahoma Central Purchasing Act or as defined by Section 202 of Title 61 of the Oklahoma Statutes for online bids subject to the Public Facilities Act;
4. "Online bidding" means an electronic procurement process in which state agencies receive bids over the Internet in a real-time, competitive bidding event; and
5. "Solicitation" shall be defined as provided in Section 85.2 of this title.
Added by Laws 2003, c. 60, § 3, eff. July 1, 2003. Amended by Laws 2020, c. 98, § 25, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.45r. Requirements of online bidding process – Limitations on application of act – Disclosure – Remedies.

A. When a state agency determines that online bidding is more advantageous than other procurement methods provided by the laws of this state, the agency may use online bidding to obtain bids as authorized by the Oklahoma Central Purchasing Act or the Public Facilities Act for purchases or acquisitions as defined in Section 85.2 of this title.
B. The online bidding process shall provide:
1. A designated opening and closing date and time. At the opening date and time, state agencies shall begin accepting online bids. Online bids shall be accepted until the designated closing date and time, except as provided by paragraph 6 of this subsection;
2. The posting of all online bids electronically and updating of bids on a real-time basis by state agencies;
3. The authorization for state agencies to require bidders to register before the opening date and time and, as part of that registration, require bidders to agree to any terms, conditions or other requirements;
4. The authorization for state agencies to also require potential bidders to prequalify as bidders and to restrict solicitations to prequalified online bidders for bids submitted pursuant to the Public Facilities Act;
5. The retention of the authority of state agencies to determine the criteria that will be used as the basis for making awards; and
6. The authorization for the State Purchasing Director, under the Oklahoma Central Purchasing Act or the State Facilities Director under the Public Facilities Act, in the event the state agency determines that a significant error or event occurred that affected the electronic receipt of any online bid by the agency, to determine it is in the best interest of the state to allow the agency to accept an electronic bid after the specified official closing date and time.
C. The provisions of the Oklahoma Online Bidding Act shall not apply to bid or proposal sealing or opening provisions found in any state law other than the Oklahoma Central Purchasing Act or the Public Facilities Act.
D. All bids submitted through the online bidding process pursuant to the Oklahoma Online Bidding Act are subject to the same public disclosure laws that govern bids received pursuant to sealed bid procurement procedures pursuant to the Oklahoma Central Purchasing Act or the Public Facilities Act.
E. All remedies available to state agencies and suppliers through the sealed bid process pursuant to the Oklahoma Central Purchasing Act or the Public Facilities Act are also available to state agencies and online bidders in an online bidding process.
Added by Laws 2003, c. 60, § 4, eff. July 1, 2003. Amended by Laws 2012, c. 304, § 766; Laws 2020, c. 98, § 26, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.47a. Definitions.

1. "Administrator" means the Small Business Surety Bond Guaranty Program Administrator;
2. "Fund" means the Small Business Surety Bond Guaranty Fund;
3. "Indemnity fund" means a fund established through the Office of Management and Enterprise Services to underwrite the Small Business Surety Bond Guaranty Program;
4. "Principal" means a small business entity as defined pursuant to Section 3 of the Small Business Act, 16 U.S.C. Section 632;
5. "Program" means the Small Business Surety Bond Guaranty Program; and
6. "Surety" means a corporation granted authority by the Insurance Commissioner to write bonds or insurance in this state guaranteeing the performance of contracts.
Added by Laws 1990, c. 236, § 2, eff. July 1, 1991. Amended by Laws 2012, c. 304, § 768.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.47b. Administrator - Powers and duties.

The Administrator shall be authorized to:
1. Use the services of other governmental agencies and public trusts which are necessary to carry out the provisions of this act;
2. Contract for and accept, for use in carrying out the provisions of this program, loans and grants from the federal government and any of its agencies and instrumentalities and from public trusts;
3. Acquire, manage, operate, dispose of, or otherwise deal with property, take assignments of rentals and leases, and make contracts, leases, agreements and arrangements that are necessary or incidental to the performance of his duties;
4. Prescribe or approve the form of and terms and conditions in applications, guarantee agreements or any other documents entered into by the Administrator, principals or sureties in connection with the program;
5. Acquire or take assignments of documents executed, obtained or delivered in connection with any assistance provided under this program; and
6. Fix, determine, charge and collect any premiums and fees pursuant to rules promulgated by the Director of the Office of Management and Enterprise Services.
Added by Laws 1990, c. 236, § 3, eff. July 1, 1991. Amended by Laws 1992, c. 197, § 1, eff. Sept. 1, 1992; Laws 2012, c. 304, § 769.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.47c. Small Business Surety Bond Guaranty Fund.

A. There is hereby created in the State Treasury a revolving fund for the Small Business Surety Bond Guaranty Program to be designated the "Small Business Surety Bond Guaranty Fund". The fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of:
1. Premiums, fees, and any other amounts received with respect to bonding assistance provided under this program;
2. Proceeds from the sale, lease, or other disposition of property or contracts held or acquired by the Office of Management and Enterprise Services pursuant to this program;
3. Income from investments that the State Treasurer makes from monies in the fund; and
4. Any other monies made available under this program.
B. The fund shall be used:
1. For the purposes provided for in this program; and
2. To pay part or all of the expenses of administering the program.
C. All monies accruing to the credit of the fund shall be deposited with the State Treasurer and invested and reinvested in the same manner as other state funds, and any investment earnings shall be paid into the fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended for the purposes provided in subsection B of this section. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 1990, c. 236, § 4, eff. July 1, 1991. Amended by Laws 2012, c. 304, § 770.
2023 Oklahoma Statutes › Title 74. State Government › §74-85.47d. Guaranty capabilities of program - Terms of guaranty - Establishment of indemnity fund.

A. Subject to the restrictions of the Oklahoma Small Business Surety Bond Guaranty Program Act, the Administrator, on application, may guarantee any surety which qualifies pursuant to this act for any losses incurred as a result of a principal's breach of a bid bond, a payment bond, a defect or maintenance bond, or a performance bond required for a public construction contract for the state, federal agencies and political subdivisions of the State of Oklahoma. Provided, the guaranty shall not be extended to any bond with a face value in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), nor shall the total face value of the bonds to which the guaranty is extended for any one principal exceed Five Hundred Thousand Dollars ($500,000.00). Provided further, the guaranty shall not be granted to an issuer of a letter of credit used in lieu of said bonds.
B. The terms of a guaranty under the Oklahoma Small Business Surety Bond Guaranty Program Act shall not exceed the terms of the contract for which bonding is obtained.
C. The Office of Management and Enterprise Services shall establish an indemnity fund for this program using a public trust or other entity capable of creating a fund which is not subject to the constitutional prohibitions of Sections 15 and 23 of Article X of the Oklahoma Constitution.
Added by Laws 1990, c. 236, § 5, eff. July 1, 1991. Amended by Laws 1992, c. 197, § 2, eff. Sept. 1, 1992; Laws 2012, c. 304, § 771.