Office of Management and Enterprise Services Central Purchasing Division 2013/2014session legislative changes The Central Purchasing Act 74 O.S. §85.1 et seq.

Section Powers and duties of State Purchasing Director L.The State Purchasing Director may authorize the use of a state purchase card for acquisitions within the following parameters: 1. No limit on the amount of the transaction for the following: a. purchases from statewide contracts issued by the State Purchasing Director, b. regulated utilities, c. interagency payments, and d. professional services as defined in Section 803 of Title 18 of the Oklahoma Statutes; and 2. For any other transaction with a state purchase card, the transaction shall not exceed Five Thousand Dollars ($5,000.00).

Section Act not to affect nonconflicting procedures – Acquisitions excluded B. Except as otherwise provided by this section, the acquisitions specified in this subsection shall be made in compliance with Section of this title but are not subject to other provisions of The Oklahoma Central Purchasing Act: 4. Utility services where rates therefor are regulated by a state or federal regulatory commission, or by municipal ordinance, or by an Indian Tribal Council for use by the Department of Corrections only;

34. Contracts negotiated by the Office of Juvenile Affairs with designated Youth Services Agencies and the Oklahoma Association of Youth Services, or another Oklahoma nonprofit corporation whose membership consists solely of Youth Services Agencies and of whom at least a majority of Youth Services Agencies are members, pursuant to the provisions of Section of Title 10A of the Oklahoma Statutes and contracts entered into by the Department of Human Services pursuant to Section of Title 10A of the Oklahoma Statutes with designated Youth Services Agencies;

Section Competitive bid or contract for goods or services – Form of certification Any competitive bid submitted to the State of Oklahoma or contract executed by the state for goods or services in excess of Five Thousand Dollars ($5,000.00) shall contain a certification, which shall be in substantially the following form: A. For purposes of competitive bids, I certify: 3. Neither the bidder nor anyone subject to the bidder’s direction or control has been a party: d. to any efforts or offers collusion with any state agency or political subdivision officials official or others employee as to create a sole brand acquisition or a sole-source acquisition in contradiction to Section j.1 of this act title.

Section 85.45j.1. Sole source or sole brand acquisition A.Notwithstanding any other provision of law or agency rule to the contrary, any bid submissions received by a state agency or any political subdivision pursuant to authorized sole-source bidding procedures established by the provisions of Section 85.45j of Title 74 of the Oklahoma Statutes this title, which substitute an item with one that is alike substantially equivalent in quality, performance and design or which meets the required specifications of the bidshall be considered and shall not be prohibited.. In terms of public construction contracts, with exception of specific

products submitted and approved prior to release for bidding bythe Oklahoma Attorney General for matching preexisting materials, at least three equivalent items from more than one manufacturer and more than one supplier or representative shall be included in the required specifications, but only when the cost is less. B. In addition, no sole-source bid proposal shall require any limitation that materials must be supplied from a vendor within any specific geographical area. Geographic preference for vendors inside the geographical boundaries may be given, but only when the cost is the same or less.

Section 85.58A Comprehensive professional risk management program A. The Office of Management and Enterprise Services shall establish for all state agencies, whether or not subject to The Central Purchasing Act, and other entities as provided by law a comprehensive professional risk management program which shall: 1. Identify and evaluate risks of loss and exposures to loss to officers, employees and properties; 2. Minimize risks through loss-prevention and loss-control programs;

3. Transfer risks, if economically advantageous to the state, by acquiring commercial insurance, contractual pass through of liability, or by other means; 4. Consolidate and administer risk management plans and programs including self-insurance programs, except Workers' Compensation Insurance and State Employees Group Insurance;

This FY – work in progress: 1.Open range marketplace 2.People Soft 9.2 upgrade 3.Vendor registration improvements 4.Continue implementation of the travel contract