Okla. Stat. tit. 74 § 85.44D.1

Current through Laws 2024, c. 453.

Section 85.44D.1 - Sole source or sole brand acquisition

1. A sole source acquisition is exempt from competitive bidding procedures as a sole source or requirements of this act, but a sole brand acquisition is subject to such competitive bidding requirements.

2. For each sole source or sole brand acquisition, the state agency shall retain in the state agency's acquisition file and attach to the requisition, a certification signed by the chief administrative officer of the state agency, in the following form:

SOLE SOURCE OR SOLE BRAND ACQUISITION CERTIFICATION
STATE AGENCY	________________________
SUPPLIER NAME	________________________
SUPPLIER ADDRESS	________________________
SUPPLIER CONTACT INFORMATION	________________________
In connection with the attached requisition or contract, I hereby affirm that
(Name of Supplier)
is the only business entity singularly qualified to provide the acquisition, or is the only brand satisfying the acquisition requirements, for the following reasons:
_______________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
The following is a brief description of all efforts made to verify that the acquisition qualifies as a sole source or sole brand acquisition:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
I understand that the signing of this certification knowing such information to be false may result in forfeiture of my position and ineligibility for appointment to or employment in state service for a period of five (5) years following forfeiture of position.
_____________________________
(Chief administrative officer)

3. A court order requiring a particular acquisition, but which does not specify a brand or supplier shall not substitute for the certification required by this section or otherwise invalidate acquisition procedures required by the Oklahoma Central Purchasing Act.

4. Upon a determination by the Director of the Office of Management and Enterprise Services that there are reasonable grounds to believe that a violation of this section has occurred, the Director shall send findings to the Attorney General that support the determination. The Attorney General shall review the findings and determine whether to investigate or prosecute the person.

5. Prior to approving a requisition for a sole source or sole brand acquisition, the Purchasing Division shall require the signed certification documenting the need for a sole source or sole brand acquisition and shall retain the certification in accordance with state record retention requirements.

6. For a sole source or sole brand acquisitions exceeding the fair and reasonable acquisition threshold amount and not requiring submission of a requisition to the Purchasing Division, the state agency's certified procurement officer shall retain, in the acquisition file, the signed certification documenting the need for the sole source or sole brand acquisition in accordance with state record retention requirements.

B. By the fifteenth day of each month, or the first working day thereafter, the Office of Management and Enterprise Services shall provide a report to:

1. The Speaker of the House of Representatives and the President Pro Tempore of the Senate; and

2. Any member of the Legislature requesting the report.

The report shall detail sole source and sole brand acquisitions by state agencies for the month prior to the month preceding the submission of the report. The report shall be titled "Monthly Sole Source and Sole Brand Contracting Report of Oklahoma State Agencies" and indicate the time period of the report. The report shall be provided by the Director of the Office of Management and Enterprise Services or the Director's designee. The report shall be in columnar database format and shall include at least the following fields of information: state agency number; state agency name; date created by the Office of Management and Enterprise Services for the requisition; date of either approval or disapproval of the requisition; if disapproved, the reason why such contract requisition was disapproved; estimated amount of the requisition acquisition; purchase order amount; purchase order number; actual business name of supplier; supplier federal employer identification number; and the commodity classification listing at the appropriate level to distinguish between similar acquisitions. Information required by this subsection shall be reported and maintained on each report through the next reporting period after an acquisition is made. The applicable data in the fields of information specified in this subsection shall be listed even if the state agency requisition is disapproved.

Okla. Stat. tit. 74, § 85.44D.1

Renumbered from § 85.45j by Laws 2020 , c. 99, s. 30, eff. 11/1/2020.

Laws 1961, HB 1233, p. 590, § 1; Amended by Laws 1986, HB 1950, c. 173, § 10, emerg. eff. 5/12/1986; Amended by Laws 1992, HB 1933, c. 250, § 1, emerg. eff. 7/1/1992; Amended by Laws 1994, HB 2483, c. 59, § 1, emerg. eff. 7/1/1994; Renumbered from 74 O.S. § 89 by Laws 1998 , HB 1822, c. 371, §15, eff. 11/1/1998; Amended by Laws 1998 , HB 1822, c. 371, §13, eff. 11/1/1998; Amended by Laws 1999 , SB 508, c. 289, §14, eff. 11/1/1999; Amended by Laws 2001 , SB 447, c. 398, §1, emerg. eff. 6/4/2001; Amended by Laws 2009 , HB 1032, c. 322, §14; Amended by Laws 2012, HB 3079. c. 304, § 763.