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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 403 By: Stewart
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to county purchasing; amending 19
7 O.S. 2021, Sections 1501, as amended by Section 1,
8 Chapter 94, O.S.L. 2022, and 1505, as amended by
8 Section 3, Chapter 94, O.S.L. 2022 (19 O.S. Supp.
9 2024, Sections 1501 and 1505), which relate to county
9 purchasing agents and procedures; modifying duties of
10 county purchasing agent related to bidders;
10 establishing exceptions to certain requisition or
11 purchase requirements; updating statutory language;
11 updating statutory references; and providing an
12 effective date.
12
13
13
1 4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14
15 SECTION 1. AMENDATORY 19 O.S. 2021, Section 1501, as
15
1 6 amended by Section 1, Chapter 94, O.S.L. 2022 (19 O.S. Supp. 2024,
16
1 7 Section 1501), is amended to read as follows:
17
18 Section 1501. A. The county purchasing agent:
18
19 1. Shall, within the amount of the unencumbered balance, make
19
2 0 all purchases that are paid from county funds for the various
20
2 1 institutions, departments, officers, and employees of the county,
21
2 2 except at public auctions and as otherwise provided for by law;
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23
23
24
24
Req. No. 42 Page 1
1 2. May make purchases for political subdivisions of this state
1
2 within the county if authorized by appropriate action of the
2
3 governing board or body of the political subdivision affected;
3
4 3. Shall make purchases and rental or lease-purchase agreements
4
5 only after following the bidding procedures as provided for by law,
5
6 except:
6
7 a. when the purchase does not exceed Twenty-five Thousand
7
8 Dollars ($25,000.00) by department. All purchases
8
9 made pursuant to this subparagraph shall be by a
9
10 single purchase order. Splitting purchase orders
10
11 which would result in paying an amount in excess of
11
12 the limitations specified in this subparagraph is
12
13 expressly prohibited. Any person convicted of
13
14 violating the provisions of this subparagraph shall be
14
15 guilty of a misdemeanor and such person shall forfeit
15
16 the person's position or office,
16
17 b. when the total payments of a rental or lease-purchase
17
18 agreement do not exceed the current bid limit as
18
19 established in subparagraph a of this paragraph,
19
20 c. when articles and items are covered by single-source
20
21 contracts,
21
22 d. service or maintenance contracts on equipment or
22
23 machinery which are entered into at the time of the
23
24 purchase of the equipment or machinery,
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Req. No. 42 Page 2
1 e. purchases made pursuant to a blanket purchase order as
1
2 provided for in Section 310.8 of Title 62 of the
2
3 Oklahoma Statutes,
3
4 f. when materials for road or bridge improvements do not
4
5 exceed Seven Dollars ($7.00) per yard or per ton,
5
6 g. purchases of fuel if the county purchasing agent
6
7 obtains quotes from at least three vendors prior to
7
8 the purchase and the lowest and best quote is
8
9 selected. Documentation of these quotes shall be
9
10 recorded in the permanent records of the clerk,
10
11 h. purchases of tools, apparatus, machinery, or equipment
11
12 from a state agency or a political subdivision of the
12
13 state as provided for in subsection C of Section 421.1
13
14 of this title,
14
15 i. purchases of food for prisoners incarcerated in the
15
16 county jail; provided, in counties having a population
16
17 in excess of one hundred thousand (100,000) persons,
17
18 the county purchasing agent shall follow bidding
18
19 procedures as provided by law unless the county
19
20 purchasing agent obtains quotes pursuant to the whole
20
21 total of food items requisitioned prior to the
21
22 purchase and the lowest and best quote is selected.
22
23 Documentation of these quotes shall be recorded in the
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24 permanent records of the county clerk,
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Req. No. 42 Page 3
1 j. when a county solicits bids for the purchase of
1
2 processed native materials for road and bridge
2
3 improvements, the county may accept all bids received,
3
4 with the lowest and best bid from those accepted to be
4
5 selected at the time of opening of any construction
5
6 project. The selection of the bid shall be based upon
6
7 availability, bid price, plus and transportation
7
8 costs,
8
9 k. when a vendor has been selected as the lowest and best
9
10 bidder to furnish a particular item or items to the
10
11 county during a specified time period and in the event
11
12 the vendor is unable to perform, the purchasing agent
12
13 may solicit telephone quotes for the item or items
13
14 needed select the next lowest and best bidder from the
14
15 list of qualified bidders and provide for the purchase
15
16 of the items at the lowest and best quote available.
16
17 All vendors submitting bids for the specific product
17
18 or service will be considered at or below the amount
18
19 they bid,
19
20 l. when considering the purchase of an item or items from
20
21 the state bid list as provided by the Office of
21
22 Management and Enterprise Services or the General
22
23 Services Administration, if the same exact item is
23
24 available from a local vendor at or below the price
24
Req. No. 42 Page 4
1 listed on the state bid list or the General Services
1
2 Administration list, the item may be obtained from the
2
3 vendor,
3
4 m. any item or items bid by the Office of Management and
4
5 Enterprise Services which may be purchased by the
5
6 county, provided the vendor is willing to supply the
6
7 item or items to the county at the bid price,
7
8 n. when a county obtains proceeds from the sale of its
8
9 property at a public auction, that county may use
9
10 those proceeds to acquire items previously identified
10
11 as needed by the county at the same public auction
11
12 pursuant to subsection D of Section 1505 of this
12
13 title,
13
14 o. when an item or items have been competitively bid by a
14
15 county, or on behalf of a group of counties, provided:
15
16 (1) the notice to bidders shall list each county
16
17 which may participate in the purchase of the item
17
18 or items being bid,
18
19 (2) the notice of bid is advertised, as provided by
19
20 law, in each of the counties which may
20
21 participate in the purchase of the item or items,
21
22 (3) all vendors on the list of qualified bidders of
22
23 each participating county who offer the item or
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24
24
Req. No. 42 Page 5
1 items for sale received notice of the bid
1
2 request, and
2
3 (4) the vendor awarded the bid is willing and able to
3
4 provide the item or items at the bid price,
4
5 p. counties may participate in a nationwide purchasing
5
6 program sponsored by the national association
6
7 representing counties and local cooperative
7
8 procurement agreements entered into by the counties
8
9 and other local jurisdictions or any other
9
10 competitively bid nationwide purchasing program, or
10
11 q. when the Governor declares an emergency in a county,
11
12 the district attorney of that county shall have the
12
13 authority to temporarily waive competitive bidding
13
14 procedures for purchases that may expedite a response
14
15 to the emergency situation. This temporary waiver
15
16 shall be in addition to any powers exercised pursuant
16
17 to Section 683.11 of Title 63 of the Oklahoma
17
18 Statutes.
18
19 The purchases shall be paid by attaching properly itemized
19
2 0 invoices, as described in Section 1505 of this title, to a purchase
20
2 1 order which has been prepared by the county purchasing agent and
21
2 2 submitting both to the county clerk for filing, encumbering, and
22
2 3 consideration for payment by the board of county commissioners;
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24
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Req. No. 42 Page 6
1 4. Shall not furnish any supplies, materials, equipment, or
1
2 other articles, except upon receipt of a requisition signed by a
2
3 county officer. Written requisitions will not be required for
3
4 blanket purchase orders as provided for in Section 310.8 of Title 62
4
5 of the Oklahoma Statutes. Each county officer may designate not
5
6 more than two employees who also shall be authorized to sign
6
7 requisitions in the absence of the county officer. A written
7
8 designation of the employees shall be filed with the county clerk
8
9 and shall be entered in the minutes of the board of county
9
1 0 commissioners. The county may designate two individuals who are not
10
1 1 county employees for each of the following entities within the
11
1 2 county to act as receiving and requisitioning officers:
12
13 a. fire protection districts organized and operated
13
14 pursuant to the provisions of Sections 901.1 through
14
15 901.29 of this title,
15
16 b. fire protection services established pursuant to the
16
17 provisions of Section 351 of this title,
17
18 c. volunteer or full-time fire departments established
18
19 pursuant to Section 592 of Title 18 of the Oklahoma
19
20 Statutes, and
20
21 d. municipal fire departments organized and operated
21
22 pursuant to the provisions of Sections 29-101 through
22
23 29-108 and Sections 29-201 through 29-204 29-115 of
23
24 Title 11 of the Oklahoma Statutes.
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Req. No. 42 Page 7
1 A written designation of these individuals shall be filed with
1
2 the county clerk and shall be entered in the minutes of the board of
2
3 county commissioners meeting in which the designations are made.
3
4 Further, entities described in subparagraphs a, b, c, and d of this
4
5 paragraph, choosing to have any nonemployee of the county designated
5
6 as a receiving and requisitioning officer shall provide evidence of
6
7 blanket bond coverage or employee dishonesty liability insurance for
7
8 each such designee;
8
9 5. Shall make lease or lease-purchase agreements for road
9
1 0 machinery and equipment if the county has adequate funds
10
1 1 appropriated during any fiscal year for such purpose and only after
11
1 2 following the bidding procedures as provided for in Section 1505 of
12
1 3 this title. The term of any lease or lease-purchase agreement
13
1 4 authorized pursuant to this paragraph may be for any period up to
14
1 5 one (1) year; provided, the term shall not extend beyond the end of
15
1 6 any fiscal year, with an option to renew such agreement subject to
16
1 7 the requirement that adequate funds are appropriated during the
17
1 8 fiscal year by the county for such purpose. The Office of the State
18
1 9 Auditor and Inspector's Office Inspector shall be notified by the
19
2 0 county of the terms and conditions of a lease or lease-purchase
20
2 1 agreement authorized pursuant to this paragraph before any such
21
2 2 agreement is made by the county purchasing agent; and
22
23 6. Shall perform such other duties as may be delegated by the
23
2 4 appointing authority or as may be provided for by law.
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Req. No. 42 Page 8
1 B. Each department of county government needing repairs to
1
2 equipment, machinery, or vehicles shall make estimates and
2
3 requisition a purchase order from the county purchasing agent for
3
4 repairs not in excess of Ten Thousand Dollars ($10,000.00). Repairs
4
5 in excess of Ten Thousand Dollars ($10,000.00) shall be submitted on
5
6 a blanket purchase order as provided in Section 310.8 of Title 62 of
6
7 the Oklahoma Statutes.
7
8 C. Each department of county government needing repairs to
8
9 heavy equipment, meaning equipment in excess of ten thousand
9
1 0 (10,000) pounds, shall make estimates and requisition a purchase
10
1 1 order from the county purchasing agent for repairs not in excess of
11
1 2 Thirty Thousand Dollars ($30,000.00). Repairs in excess of Thirty
12
1 3 Thousand Dollars ($30,000.00) shall be submitted on a blanket
13
1 4 purchase order as provided in Section 310.8 of Title 62 of the
14
1 5 Oklahoma Statutes.
15
16 SECTION 2. AMENDATORY 19 O.S. 2021, Section 1505, as
16
1 7 amended by Section 3, Chapter 94, O.S.L. 2022 (19 O.S. Supp. 2024,
17
1 8 Section 1505), is amended to read as follows:
18
19 Section 1505. The following procedures shall be used by
19
2 0 counties for the requisition, purchase, lease-purchase, rental, and
20
2 1 receipt of supplies, materials, road and bridge construction
21
2 2 services, equipment and information technology and telecommunication
22
2 3 goods, and other services, except for professional services as
23
2 4 defined in Section 803 of Title 18 of the Oklahoma Statutes, for the
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Req. No. 42 Page 9
1 maintenance, operation, and capital expenditures of county
1
2 government unless otherwise provided for by law.
2
3 A. The procedure for requisitioning items for county offices
3
4 shall be as follows:
4
5 1. The requesting department shall prepare a requisition form
5
6 in triplicate. The requisition shall contain any specifications for
6
7 an item as deemed necessary by the requesting department. The form
7
8 shall be prescribed by the State Auditor and Inspector;
8
9 2. The requesting department shall retain a copy of the
9
1 0 requisition and forward the original requisition and a copy to the
10
1 1 county purchasing agent; and
11
12 3. Upon receipt of the requisition, the county purchasing
12
1 3 agent, within two (2) working days, shall begin the bidding and
13
1 4 purchasing process as provided for in this section. Nothing in this
14
1 5 section shall prohibit the transfer of supplies, materials, or
15
1 6 equipment between county departments upon a written agreement
16
1 7 between county officers.
17
18 B. The bid procedure for selecting a vendor for the purchase,
18
1 9 lease-purchase, or rental of supplies, materials, equipment, and
19
2 0 information technology and telecommunication goods and services used
20
2 1 by a county shall be as follows:
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22 1. The county purchasing agent shall request written
22
2 3 recommendations from all county officers pertaining to needed or
23
2 4 commonly used supplies, materials, road and bridge construction
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Req. No. 42 Page 10
1 services, equipment, and information technology and
1
2 telecommunication goods and services. From such recommendations and
2
3 available requisition, purchase, or inventory records, the county
3
4 purchasing agent shall prepare a list of items needed or commonly
4
5 used by county officers. The county purchasing agent shall request
5
6 from the Purchasing Division or from the Information Services
6
7 Division in the case of information technology and telecommunication
7
8 goods and services of the Office of Management and Enterprise
8
9 Services all contracts quoting the price the state is paying for the
9
1 0 items. The county purchasing agent shall either request the
10
1 1 Purchasing Division or the Information Services Division of the
11
1 2 Office of Management and Enterprise Services, as applicable, to make
12
1 3 the purchase for the county or the county purchasing agent shall
13
1 4 solicit bids for unit prices on the items for periods of not to
14
1 5 exceed twelve (12) months in the manner described in paragraph 2 of
15
1 6 this subsection. If the county purchasing agent receives a
16
1 7 requisition for an item for which the county purchasing agent does
17
1 8 not have a current bid, the county purchasing agent shall request
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1 9 from the Purchasing Division or the Information Services Division of
19
2 0 the Office of Management and Enterprise Services, as applicable, all
20
2 1 contracts quoting the price the state is paying for the item. The
21
2 2 county purchasing agent shall either request the Purchasing Division
22
2 3 or the Information Services Division of the Office of Management and
23
2 4 Enterprise Services, as applicable, to make the purchase for the
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Req. No. 42 Page 11
1 county or the county purchasing agent shall solicit bids in the
1
2 manner described in paragraph 2 of this subsection. Nothing in this
2
3 paragraph shall prohibit bids from being taken on an item currently
3
4 on a twelve-month bid list, at any time deemed necessary by the
4
5 county purchasing agent. Whenever the county purchasing agent deems
5
6 it necessary to take a bid on an item currently on a twelve-month
6
7 bid list, the reason for the bid shall be entered into the minutes
7
8 of the board of county commissioners;
8
9 2. Bids shall be solicited by mailing or emailing a notice to
9
1 0 all persons or firms who have made a written request of the county
10
1 1 purchasing agent that they be notified of such bid solicitation and
11
1 2 to all other persons or firms who might reasonably be expected to
12
1 3 submit bids. Notice of solicitation of bids shall also be published
13
1 4 one time in a newspaper of general circulation in the county.
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1 5 Notices shall be mailed and published at least ten (10) days prior
15
1 6 to the date on which the bids are opened. Proof of the mailing or
16
1 7 emailing shall be made by the affidavit of the person mailing or
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1 8 emailing the request for bids and shall be made a part of the
18
1 9 official records of the county purchasing agent. The notice shall
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2 0 specify whether the county will consider written bids, electronic
20
2 1 bids, or both; the decision to exclusively consider either written
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2 2 bids or electronic bids shall be determined pursuant to an
22
2 3 affirmative vote of the board of county commissioners. Whenever any
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2 4 prospective supplier or vendor dealing in or listing for sale any
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Req. No. 42 Page 12
1 particular item or article required to be purchased or acquired by
1
2 sealed bids fails to enter or offer a sealed bid for three
2
3 successive bid solicitations, the name of the supplier or vendor may
3
4 be dropped from the mailing lists of the board of county
4
5 commissioners;
5
6 3. The sealed bids received from vendors and the state contract
6
7 price received from the applicable Division division of the Office
7
8 of Management and Enterprise Services shall be given to the county
8
9 clerk by the county purchasing agent. The county clerk shall
9
1 0 forward the sealed bids and state contract price, if any, to the
10
1 1 board of county commissioners;
11
12 4. The board of county commissioners, in an open meeting, shall
12
1 3 open the sealed bids and compare them to the state contract price.
13
1 4 The board of county commissioners shall select the lowest and best
14
1 5 bid based upon, if applicable, the availability of material and
15
1 6 transportation cost to the job site within thirty (30) days of the
16
1 7 meeting. For any special item not included on the list of needed or
17
1 8 commonly used items, the requisitioning official shall review the
18
1 9 bids and submit a written recommendation to the board before final
19
2 0 approval. The board of county commissioners shall keep a written
20
2 1 record of the meeting as required by law, and any time the lowest
21
2 2 bid was not considered to be the lowest and best bid, the reason for
22
2 3 such conclusion shall be recorded. Whenever the board of county
23
2 4 commissioners rejects the written recommendation of the
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Req. No. 42 Page 13
1 requisitioning official pertaining to a special item, the reasons
1
2 for the rejection shall be entered in their minutes and stated in a
2
3 letter to the requisitioning official and county purchasing agent;
3
4 5. The county purchasing agent shall notify the successful
4
5 bidders and shall maintain a copy of the notification. The county
5
6 purchasing agent shall prepare and maintain a vendors list
6
7 specifying the successful bidders and shall notify each county
7
8 officer of the list. The county purchasing agent may remove any
8
9 vendor from such list who refuses to provide goods or services as
9
1 0 provided by contract if the removal is authorized by the board of
10
1 1 county commissioners. The county purchasing agent may make
11
1 2 purchases from the successful remaining bidders for a price at or
12
1 3 below the bid price. If a vendor who is the low bidder cannot or
13
1 4 will not sell goods or services as required by a county bid
14
1 5 contract, the county purchasing agent may make a one-time purchase
15
1 6 from the next lowest or best quote or take quotations as provided in
16
1 7 paragraph 6 of this subsection; provided, however, such purchase
17
1 8 does not exceed Twenty-five Thousand Dollars ($25,000.00) as the
18
1 9 amount specified in subparagraph a of paragraph 3 of subsection A of
19
2 0 Section 1501 of this title; and
20
21 6. When bids have been solicited as provided for by law and no
21
2 2 bids have been received, the procedure shall be as follows:
22
23 a. the county purchasing agent shall determine if
23
24 potential vendors are willing to commit to a firm
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Req. No. 42 Page 14
1 price for a reduced period of time, and, if such is
1
2 the case, the bid procedure described in this
2
3 subsection shall be followed,
3
4 b. if vendors are not willing to commit to a firm price
4
5 for a reduced period, the purchasing agent shall
5
6 solicit and record at least three quotes of current
6
7 prices available to the county and authorize the
7
8 purchase of goods or services based on the lowest and
8
9 best quote as it becomes necessary to acquire such
9
10 goods or services. The quotes shall be recorded on a
10
11 form prescribed by the State Auditor and Inspector and
11
12 shall be attached to the purchase order and filed with
12
13 the county clerk's copy of the purchase order. Any
13
14 time the lowest quote was not considered to be the
14
15 lowest and best quote, the reason for this conclusion
15
16 shall be recorded by the county purchasing agent and
16
17 transmitted to the county clerk, or
17
18 c. if three quotes are not available, a memorandum to the
18
19 county clerk from the county purchasing agent shall
19
20 describe the basis upon which a purchase is
20
21 authorized. The memorandum shall state the reasons
21
22 why the price for such a purchase is the lowest and
22
23 best under the circumstances. The county clerk shall
23
24 then attach the memorandum to the county clerk's copy
24
Req. No. 42 Page 15
1 of the purchase order and file both in the office of
1
2 the county clerk.
2
3 C. After selection of a vendor, the procedure for the purchase,
3
4 lease-purchase, or rental of supplies, materials, road and bridge
4
5 construction services, equipment, and information technology and
5
6 telecommunication goods and services used by a county shall be as
6
7 follows:
7
8 1. The county purchasing agent shall prepare a purchase order
8
9 in quadruplicate and submit it with a copy of the requisition to the
9
1 0 county clerk;
10
11 2. The county clerk shall then encumber the amount stated on
11
1 2 the purchase order and assign a sequential number to the purchase
12
1 3 order;
13
14 3. If there is an unencumbered balance in the appropriation
14
1 5 made for that purpose by the county excise board, the county clerk
15
1 6 shall so certify in the following form:
16
17 "I hereby certify that the amount of this encumbrance has been
17
1 8 entered against the designated appropriation accounts and that this
18
1 9 encumbrance is within the authorized available balance of the
19
2 0 appropriation.
20
21 Dated this ________ day of ________, 20__.
21
22 ________________________________
22
23 County Clerk/Deputy
23
24 of _____________________ County.".
24
Req. No. 42 Page 16
1 In instances where it is impossible to ascertain the exact amount of
1
2 the indebtedness sought to be incurred at the time of recording the
2
3 encumbrance, an estimated amount may be used. No purchase order
3
4 shall be valid unless signed by the county purchasing agent and
4
5 certified by the county clerk; and
5
6 4. The county clerk shall file the original purchase order and
6
7 return three copies to the county purchasing agent who shall file a
7
8 copy, retain a copy for the county road and bridge inventory officer
8
9 if the purchase order is for the purchase of equipment, supplies, or
9
1 0 materials for the construction or maintenance of roads and bridges,
10
1 1 and submit the other copy to the receiving officer of the requesting
11
1 2 department.
12
13 D. 1. The procedure for the purchase of supplies, materials,
13
1 4 equipment, and information technology and telecommunication goods
14
1 5 and services at public auction or by sealed bid to be used by a
15
1 6 county shall be as follows:
16
17 a. the county purchasing agent shall prepare a purchase
17
18 order in quadruplicate and submit it with a copy of
18
19 the requisition to the county clerk,
19
20 b. the county clerk shall then encumber the amount stated
20
21 on the purchase order and assign a sequential number
21
22 to the purchase order,
22
23 c. if there is an unencumbered balance in the
23
24 appropriation made for that purpose by the county
24
Req. No. 42 Page 17
1 excise board, the county clerk shall so certify in the
1
2 following form:
2
3 "I hereby certify that the amount of this encumbrance
3
4 has been entered against the designated appropriation
4
5 accounts and that this encumbrance is within the
5
6 authorized available balance of the appropriation.
6
7 Dated this ________ day of ________, 20__.
7
8 ________________________________
8
9 County Clerk/Deputy
9
10 of _____________________ County.".
10
11 In instances where it is impossible to ascertain the
11
12 exact amount of the indebtedness sought to be incurred
12
13 at the time of recording the encumbrance, an estimated
13
14 amount may be used. No purchase order shall be valid
14
15 unless signed by the county purchasing agent and
15
16 certified by the county clerk, and
16
17 d. the county clerk shall file the original purchase
17
18 order and return three copies to the county purchasing
18
19 agent who shall file a copy, retain a copy for the
19
20 county road and bridge inventory officer if the
20
21 purchase order is for the purchase of equipment,
21
22 supplies, or materials for the construction or
22
23 maintenance of roads and bridges, and submit the other
23
24
24
Req. No. 42 Page 18
1 copy to the receiving officer of the requesting
1
2 department.
2
3 2. The procedure for the purchase of supplies, materials, and
3
4 equipment at a public auction when the purchase will be made with
4
5 the proceeds from the sale of county property at the same public
5
6 auction are is as follows:
6
7 a. the purchasing agent shall cause such items being sold
7
8 to be appraised in the manner determined in Section
8
9 421.1 of this title,
9
10 b. the county purchasing agent shall prepare a purchase
10
11 order in quadruplicate and submit it with a copy of
11
12 the requisition to the county clerk,
12
13 c. the county clerk shall then encumber the amount of the
13
14 appraised value and any additional funds obligated by
14
15 the county on the purchase order and assign a
15
16 sequential number to the purchase order,
16
17 d. the county clerk shall certify that the amount of the
17
18 encumbrance is equal to the appraised value of the
18
19 item being sold plus any additional funds obligated by
19
20 the county. In effect, the recording of the
20
21 encumbrance is an estimate that is authorized by law.
21
22 No purchase order shall be valid unless signed by the
22
23 county purchasing agent and certified by the county
23
24 clerk,
24
Req. No. 42 Page 19
1 e. the county clerk shall file the original purchase
1
2 order and return three copies to the county purchasing
2
3 agent who shall file a copy, retain a copy for the
3
4 county road and bridge inventory officer if the
4
5 purchase order is for the purchase of equipment,
5
6 supplies, or materials for the construction or
6
7 maintenance of roads and bridges, and submit the other
7
8 copy to the receiving officer of the requesting
8
9 department, and
9
10 f. a purchase shall not be bid until such time that the
10
11 appraised item or items are sold. Any item or items
11
12 purchased shall not exceed the appraised value plus
12
13 any additional funds obligated by the county or the
13
14 actual selling price of the item or items, whichever
14
15 is the lesser amount.
15
16 E. The procedure for the receipt of items shall be as follows:
16
17 1. A receiving officer for the requesting department shall be
17
1 8 responsible for receiving all items delivered to that department;
18
19 2. Upon the delivery of an item, the receiving officer shall
19
2 0 determine if a purchase order exists for the item being delivered;
20
21 3. If no such purchase order has been provided, the receiving
21
2 2 officer shall refuse delivery of the item;
22
23 4. If a purchase order is on file, the receiving officer shall
23
2 4 obtain a delivery ticket, bill of lading, or other delivery document
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Req. No. 42 Page 20
1 and compare it with the purchase order. If any item is back-
1
2 ordered, the back order and estimated date of delivery shall be
2
3 noted in the receiving report;
3
4 5. The receiving officer shall complete a receiving report in
4
5 quadruplicate which shall state the quantity and quality of goods
5
6 delivered. The receiving report form shall be prescribed by the
6
7 State Auditor and Inspector. The person delivering the goods shall
7
8 acknowledge the delivery by signature, noting the date and time;
8
9 6. The receiving officer shall file the original receiving
9
1 0 report and submit:
10
11 a. a copy of the purchase order and a copy of the
11
12 receiving report to the county purchasing agent, and
12
13 b. a copy of the receiving report with the delivery
13
14 documentation to the county clerk;
14
15 7. The county purchasing agent shall file a copy of the
15
1 6 purchase order and a copy of the receiving report;
16
17 8. Upon receipt of the original receiving report and the
17
1 8 delivery documentation, the county clerk shall maintain a file until
18
1 9 such time as an invoice is received from the vendor;
19
20 9. The invoice shall state the name and address of the vendor
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2 1 and must be sufficiently itemized to clearly describe each item
21
2 2 purchased, the unit price when applicable, the number or volume of
22
2 3 each item purchased, the total price, the total purchase price, and
23
2 4 the date of the purchase;
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Req. No. 42 Page 21
1 10. Upon receipt of an invoice, the county clerk shall compare
1
2 the following documents:
2
3 a. requisition,
3
4 b. purchase order,
4
5 c. invoice with noncollusion affidavit as required by
5
6 law,
6
7 d. receiving report, and
7
8 e. delivery document.
8
9 The documents shall be available for public inspection during
9
1 0 regular business hours; and
10
11 11. If the documents conform as to the quantity and quality of
11
1 2 the items, the county clerk shall prepare a warrant for payment
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1 3 according to procedures provided for by law.
13
14 F. The following procedures are for the processing of purchase
14
1 5 orders:
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16 1. The purchasing agent shall be allowed up to three (3) days
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1 7 to process purchase orders to be presented to the board of county
17
1 8 commissioners for consideration and payment. Nothing herein shall
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1 9 prevent the purchasing agent from processing or the board of county
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2 0 commissioners from consideration and payment of utilities, travel
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2 1 claims, and payroll claims;
21
22 2. The board of county commissioners shall consider the
22
2 3 purchase orders so presented and act upon the purchase orders, by
23
2 4 allowing in full or in part or by holding for further information or
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Req. No. 42 Page 22
1 disallowing the same. The disposition of purchase orders shall be
1
2 indicated by the board of county commissioners, showing the amounts
2
3 allowed or disallowed, and shall be signed by at least two members
3
4 of the board of county commissioners. Any claim held over for
4
5 further information shall be acted upon by allowing or disallowing
5
6 same at any future meeting of the board held within seventy-five
6
7 (75) days from the date of filing of the purchase order. Any
7
8 purchase order not acted upon within the seventy-five (75) days from
8
9 the date of filing shall be deemed to have been disallowed, but such
9
1 0 disallowance shall not prevent the refiling of the purchase order at
10
1 1 the proper time; and
11
12 3. Whenever any allowance, either in whole or in part, is made
12
1 3 upon any purchase order presented to the board of county
13
1 4 commissioners and is accepted by the person making the claim, such
14
1 5 allowance shall be a full settlement of the entire purchase order
15
1 6 and provided that the cashing of warrant shall be considered as
16
1 7 acceptance by the claimant.
17
18 G. The procedure upon consumption or disposal of supplies,
18
1 9 materials, or equipment shall be as follows:
19
20 1. For consumable road or bridge items or materials, a
20
2 1 quarterly report of the road and bridge projects completed during
21
2 2 such period shall be prepared and kept on file by the consuming
22
2 3 department. The quarterly report may be prepared and kept
23
2 4 electronically by the consuming department. The report shall
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Req. No. 42 Page 23
1 contain a record of the date, the place, and the purpose for the use
1
2 of the road or bridge items or materials. For purposes of
2
3 identifying county bridges, the board of county commissioners shall
3
4 number each bridge subject to its jurisdiction; and
4
5 2. For disposal of all equipment and information technology and
5
6 telecommunication goods which originally cost more than Five Hundred
6
7 Dollars ($500.00), resolution of disposal shall be submitted by the
7
8 officer on a form prescribed by the Office of the State Auditor and
8
9 Inspector's Office Inspector to the board of county commissioners.
9
1 0 The approval of the resolution of disposal shall be entered into the
10
1 1 minutes of the board.
11
12 H. Inventory forms and reports shall be retained for not less
12
1 3 than two (2) years after all audit requirements for the state and
13
1 4 federal government have been fulfilled and after any pending
14
1 5 litigation involving the forms and reports has been resolved.
15
16 I. The procedures provided for in this section shall not apply
16
1 7 when a county officer certifies that an emergency exists requiring
17
1 8 an immediate expenditure of funds. Such an expenditure of funds
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1 9 shall not exceed Five Thousand Dollars ($5,000.00). The county
19
2 0 officer shall give the county purchasing agent a written explanation
20
2 1 of the emergency. The county purchasing agent shall attach the
21
2 2 written explanation to the purchase order. The purchases shall be
22
2 3 paid by attaching a properly itemized invoice, as described in this
23
2 4 section, to a purchase order which has been prepared by the county
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Req. No. 42 Page 24
1 purchasing agent and submitting them to the county clerk for filing,
1
2 encumbering, and consideration for payment by the board of county
2
3 commissioners.
3
4 J. The county purchasing agent may authorize county purchasing
4
5 officers to make acquisitions through the state purchase card
5
6 program as authorized by the State Purchasing Director in accordance
6
7 with Section 85.5 of Title 74 of the Oklahoma Statutes and defined
7
8 in Section 85.2 of Title 74 of the Oklahoma Statutes. Purchase
8
9 cardholders A purchase cardholder shall sign a purchase card
9
1 0 agreement prior to becoming a cardholder and attend purchase card
10
1 1 procedure training as required by the State Purchasing Director.
11
1 2 Complete descriptions of purchases made by county government
12
1 3 entities shall be published through the state transparency portal
13
1 4 pursuant to Section 85.33B of Title 74 of the Oklahoma Statutes, and
14
1 5 as warrants required to be published pursuant to Sections 444 and
15
1 6 445 of this title.
16
17 K. Nothing in this section shall prohibit counties from
17
1 8 providing material and/or services bids on the twelve-month bid list
18
1 9 to all road and bridge projects and contracts. All non-road and
19
2 0 bridge related construction contracts shall refer to subsection A of
20
2 1 Section 103 of Title 61 of the Oklahoma Statutes.
21
22 SECTION 3. This act shall become effective November 1, 2025.
22
23
23
24 60-1-42 MSBB 1/14/2025 3:51:02 PM
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Req. No. 42 Page 25Every fact on this page links to its source, starting with the official bill record.