1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 1st Session of the 58th Legislature (2021) |
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4|ENGROSSED SENATE |
|BILL NO. 299 By: Bergstrom of the Senate |
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| Lepak of the House |
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9| [ public buildings and public works - specifying |
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10| authority to enter into cooperative purchasing |
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11| agreements emergency ] |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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15| SECTION 1. AMENDATORY Section 1, Chapter 252, O.S.L. |
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16|2017 (61 O.S. Supp. 2020, Section 139), is amended to read as |
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17|follows: |
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18| Section 139. A. In addition to any authority to enter an |
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19|agreement pursuant to the Interlocal Cooperation Act, any school |
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20|district, including a technology school district, may either |
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21|participate in, sponsor, conduct or administer a cooperative or |
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22|piggybacking purchasing agreement for the acquisition of any |
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23|commodities or services including public construction contracts, |
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24|with one or more public agencies, public agency procurement units or |
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1|external procurement units in accordance with an agreement entered |
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2|into between the participants. Such cooperative purchasing may |
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3|include, but is not limited to, joint or multiparty contracts |
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4|between public agencies, public agency procurement units or external |
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5|procurement units and open-ended state public procurement contracts. |
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6| Any school district including a technology school district that |
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7|purchases any commodities and services including public construction |
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8|contracts under this section satisfies the requirement of the school |
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9|district or technology school district to seek competitive bids or |
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10|proposals for the purchase of the commodities and services, |
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11|including public construction contracts, provided that the public |
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12|agency procurement unit or external procurement unit satisfied the |
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13|laws of its jurisdiction in procurement of the contract. |
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14| B. Any local public procurement unit In addition to any |
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15|authority to enter an agreement pursuant to the Interlocal |
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16|Cooperation Act, any public agency other than a school district or |
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17|technology school district may either participate in, sponsor, |
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18|conduct or administer a cooperative or piggybacking purchasing |
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19|agreement for the acquisition of any commodities or services, |
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20|including public construction services contracts, with one (1) or |
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21|more public agencies, public agency procurement units or external |
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22|procurement units in accordance with an agreement entered into |
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23|between the participants. Such cooperative purchasing may include, |
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24|but is not limited to, joint or multiparty contracts between public |
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1|agencies, public agency procurement units or external procurement |
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2|units and open-ended state public procurement unit contracts which |
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3|are made available to local public procurement units. Purchases |
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4|made in accordance with this subsection by a local public |
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5|procurement unit shall be required to satisfy any procurement |
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6|regulation, including The Central Purchasing Act, the Public |
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7|Competitive Bidding Act, the Finance Act, related administrative |
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8|rules and federal regulations that may apply due to the federal |
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9|source of the funding for the anticipated purchase. Any public |
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10|agency, other than a school district or a technology school |
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11|district, that purchases any commodities and services including |
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12|public construction contracts under this section satisfies the |
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13|requirement of the public agency to seek competitive bids or |
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14|proposals for the purchase of the commodities and services including |
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15|public construction contracts, provided that the public agency |
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16|procurement unit or external procurement unit satisfied the laws of |
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17|its jurisdiction in procurement of the contract. |
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18| C. For purposes of this section, the following definitions |
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19|apply: |
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20| 1. "Local public procurement unit" shall mean, inter alia, any |
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21|county, city, town, state agency, and any other subdivision of the |
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22|state or public unit or agency thereof "Public agency" means the |
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23|State of Oklahoma, and any county, city, town, school district |
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24|including a technology school district or other political |
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1|subdivision of the state, any public trust, any public entity |
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2|specifically created by the statutes of the State of Oklahoma or as |
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3|a result of statutory authorization therefor, and any department, |
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4|agency, board, bureau, commission, committee or authority of any of |
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5|the foregoing public entities; |
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6| 2. "Public agency procurement unit" means the State of |
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7|Oklahoma, and any county, city, town, school district including a |
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8|technology school district or other political subdivision of the |
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9|state, any public trust, any public entity specifically created by |
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10|the statutes of the State of Oklahoma or as a result of statutory |
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11|authorization therefor, and any department, agency, board, bureau, |
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12|commission, committee or authority of any of the foregoing public |
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13|entities that procures commodities and services including public |
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14|construction contracts for a public purpose; |
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15| 3. "External procurement unit" shall mean any buying |
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16|organization in the United States not located in this state which, |
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17|if located in this state, would qualify as a public agency |
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18|procurement unit; and |
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19| 3. 4. "Cooperative or piggybacking purchasing agreement" shall |
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20|mean an agreement between a local public agency procurement unit and |
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21|another local public agency procurement unit or an external |
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22|procurement unit to authorize the use of a contract procured by one |
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23|of the parties to the agreement to benefit the other party to the |
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24|agreement. This term shall also mean an agreement that provides |
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1|access to a product or service that is lower in price than a |
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2|comparable product or service that is available through the usage of |
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3|a statewide, multistate or multigovernmental contract issued by the |
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4|state Purchasing Division of the Office of Management and Enterprise |
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5|Services. |
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6| D. Nothing in this section shall supersede the obligation of a |
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7|state agency to adhere to rules regarding statewide contracts issued |
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8|by the state Purchasing Division. Neither shall any provision of |
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9|this section be construed to waive the obligation of a state agency |
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10|to utilize a mandatory purchasing contract as designated by the |
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11|State Purchasing Director. |
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12| SECTION 2. It being immediately necessary for the preservation |
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13|of the public peace, health or safety, an emergency is hereby |
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14|declared to exist, by reason whereof this act shall take effect and |
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15|be in full force from and after its passage and approval. |
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17|COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 04/08/2021 - DO PASS, |
|As Amended. |
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