An act relating to competitive bidding, the official text

1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 2743               By: Caldwell (Trey)

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7                               AS INTRODUCED

8   An Act relating to competitive bidding; amending 61

    O.S. 2021, Section 139, which relates to cooperative

9   purchasing agreements; eliminating certain authority

    to enter cooperative purchasing agreements for

10  services; providing an effective date; and declaring

    an emergency.

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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY  61 O.S. 2021, Section 139, is

16 amended to read as follows:

17  Section 139. A. In addition to any authority to enter an

18 agreement pursuant to the Interlocal Cooperation Act, any school

19 district, including a technology school district, may either

20 participate in, sponsor, conduct or administer a cooperative

21 purchasing agreement for the acquisition of any commodities or

22 services with one or more public agencies in accordance with an

23 agreement entered into between the participants. Such cooperative

24 purchasing may include, but is not limited to, joint or multiparty

    Req. No. 10893                                                  Page 1
1 contracts between public agencies and open-ended state public

2 procurement contracts.

3   B. Any local public procurement unit may either participate in,

4 sponsor, conduct or administer a cooperative or piggybacking

5 purchasing agreement for the acquisition of any commodities or

6 services, including construction services, with one (1) or more

7 public procurement units or external procurement units in accordance

8 with an agreement entered into between the participants. Such

9 cooperative purchasing may include, but is not limited to, joint or

10 multiparty contracts between public procurement units and open-ended

11 state public procurement unit contracts which are made available to

12 local public procurement units. Purchases made in accordance with

13 this subsection by a local public procurement unit shall be required

14 to satisfy any procurement regulation, including The Central

15 Purchasing Act, the Public Competitive Bidding Act, the Finance Act,

16 related administrative rules and federal regulations that may apply

17 due to the federal source of the funding for the anticipated

18 purchase.

19  C. For purposes of this section, the following definitions

20 apply:

21  1. "Local public procurement unit" shall mean, inter alia, any

22 county, city, town, state agency, and any other subdivision of the

23 state or public unit or agency thereof;

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1   2. "External procurement unit" shall mean any buying

2 organization in the United States not located in this state which,

3 if located in this state, would qualify as a public procurement

4 unit; and

5   3. "Cooperative or piggybacking purchasing agreement" shall

6 mean an agreement between a local public procurement unit and

7 another local public procurement unit or an external procurement

8 unit to authorize the use of a contract procured by one of the

9 parties to the agreement to benefit the other party to the

10 agreement. This term shall also mean an agreement that provides

11 access to a product or service that is lower in price than a

12 comparable product or service that is available through the usage of

13 a statewide, multistate or multigovernmental contract issued by the

14 state Purchasing Division.

15  D. Nothing in this section shall supersede the obligation of a

16 state agency to adhere to rules regarding statewide contracts issued

17 by the state Purchasing Division. Neither shall any provision of

18 this section be construed to waive the obligation of a state agency

19 to utilize a mandatory purchasing contract as designated by the

20 State Purchasing Director.

21  SECTION 2. This act shall become effective July 1, 2025.

22  SECTION 3. It being immediately necessary for the preservation

23 of the public peace, health or safety, an emergency is hereby

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    Req. No. 10893                                                  Page 3
1 declared to exist, by reason whereof this act shall take effect and

2 be in full force from and after its passage and approval.

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4   60-1-10893      JM  01/06/25

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