Bill Text For SB0299 - Engrossed

 1| ENGROSSED SENATE                                                      |
  |BILL NO. 299                         By: Bergstrom of the Senate       |
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  |                                         Lepak of the House            |
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 6|       An Act relating to public buildings and public works;           |
  |       amending Section 1, Chapter 252, O.S.L. 2017 (61 O.S.           |
 7|       Supp. 2020, Section 139), which relates to the Public           |
  |       Competitive Bidding Act of 1974; specifying authority           |
 8|       to enter into cooperative purchasing agreements;                |
  |       establishing authority to enter into certain                    |
 9|       cooperative purchasing agreements for the acquisition           |
  |       of certain commodities or services; providing                   |
10|       definitions; modifying definitions; and declaring an            |
  |       emergency.                                                      |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     AMENDATORY     Section 1, Chapter 252, O.S.L.       |
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15|2017 (61 O.S. Supp. 2020, Section 139), is amended to read as          |
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16|follows:                                                               |
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17|    Section 139.  A.  In addition to any authority to enter an         |
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18|agreement pursuant to the Interlocal Cooperation Act, any school       |
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19|district, including a technology school district, may either           |
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20|participate in, sponsor, conduct or administer a cooperative or        |
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21|piggybacking purchasing agreement for the acquisition of any           |
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22|commodities or services including public construction contracts,       |
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23|with one or more public agencies, public agency procurement units or   |
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24|external procurement units in accordance with an agreement entered     |
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 1|into between the participants.  Such cooperative purchasing may        |
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 2|include, but is not limited to, joint or multiparty contracts          |
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 3|between public agencies, public agency procurement units or external   |
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 4|procurement units and open-ended state public procurement contracts.   |
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 5| Any school district including a technology school district that       |
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 6|purchases any commodities and services including public construction   |
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 7|contracts under this section satisfies the requirement of the school   |
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 8|district or technology school district to seek competitive bids or     |
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 9|proposals for the purchase of the commodities and services,            |
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10|including public construction contracts, provided that the public      |
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11|agency procurement unit or external procurement unit satisfied the     |
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12|laws of its jurisdiction in procurement of the contract.               |
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13|    B.  Any local public procurement unit In addition to any           |
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14|authority to enter an agreement pursuant to the Interlocal             |
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15|Cooperation Act, any public agency other than a school district or     |
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16|technology school district may either participate in, sponsor,         |
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17|conduct or administer a cooperative or piggybacking purchasing         |
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18|agreement for the acquisition of any commodities or services,          |
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19|including public construction services contracts, with one (1) or      |
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20|more public agencies, public agency procurement units or external      |
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21|procurement units in accordance with an agreement entered into         |
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22|between the participants.  Such cooperative purchasing may include,    |
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23|but is not limited to, joint or multiparty contracts between public    |
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24|agencies, public agency procurement units or external procurement      |
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 1|units and open-ended state public procurement unit contracts which     |
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 2|are made available to local public procurement units.  Purchases       |
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 3|made in accordance with this subsection by a local public              |
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 4|procurement unit shall be required to satisfy any procurement          |
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 5|regulation, including The Central Purchasing Act, the Public           |
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 6|Competitive Bidding Act, the Finance Act, related administrative       |
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 7|rules and federal regulations that may apply due to the federal        |
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 8|source of the funding for the anticipated purchase.  Any public        |
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 9|agency, other than a school district or a technology school            |
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10|district, that purchases any commodities and services including        |
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11|public construction contracts under this section satisfies the         |
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12|requirement of the public agency to seek competitive bids or           |
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13|proposals for the purchase of the commodities and services including   |
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14|public construction contracts, provided that the public agency         |
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15|procurement unit or external procurement unit satisfied the laws of    |
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16|its jurisdiction in procurement of the contract.                       |
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17|    C.  For purposes of this section, the following definitions        |
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18|apply:                                                                 |
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19|    1.  "Local public procurement unit" shall mean, inter alia, any    |
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20|county, city, town, state agency, and any other subdivision of the     |
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21|state or public unit or agency thereof "Public agency" means the       |
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22|State of Oklahoma, and any county, city, town, school district         |
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23|including a technology school district or other political              |
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24|subdivision of the state, any public trust, any public entity          |
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 1|specifically created by the statutes of the State of Oklahoma or as    |
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 2|a result of statutory authorization therefor, and any department,      |
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 3|agency, board, bureau, commission, committee or authority of any of    |
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 4|the foregoing public entities;                                         |
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 5|    2.  "Public agency procurement unit" means the State of            |
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 6|Oklahoma, and any county, city, town, school district including a      |
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 7|technology school district or other political subdivision of the       |
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 8|state, any public trust, any public entity specifically created by     |
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 9|the statutes of the State of Oklahoma or as a result of statutory      |
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10|authorization therefor, and any department, agency, board, bureau,     |
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11|commission, committee or authority of any of the foregoing public      |
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12|entities that procures commodities and services including public       |
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13|construction contracts for a public purpose;                           |
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14|    3.  "External procurement unit" shall mean any buying              |
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15|organization in the United States not located in this state which,     |
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16|if located in this state, would qualify as a public agency             |
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17|procurement unit; and                                                  |
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18|    3. 4.  "Cooperative or piggybacking purchasing agreement" shall    |
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19|mean an agreement between a local public agency procurement unit and   |
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20|another local public agency procurement unit or an external            |
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21|procurement unit to authorize the use of a contract procured by one    |
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22|of the parties to the agreement to benefit the other party to the      |
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23|agreement.  This term shall also mean an agreement that provides       |
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24|access to a product or service that is lower in price than a           |
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 1|comparable product or service that is available through the usage of   |
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 2|a statewide, multistate or multigovernmental contract issued by the    |
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 3|state Purchasing Division of the Office of Management and Enterprise   |
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 4|Services.                                                              |
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 5|    D.  Nothing in this section shall supersede the obligation of a    |
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 6|state agency to adhere to rules regarding statewide contracts issued   |
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 7|by the state Purchasing Division.  Neither shall any provision of      |
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 8|this section be construed to waive the obligation of a state agency    |
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 9|to utilize a mandatory purchasing contract as designated by the        |
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10|State Purchasing Director.                                             |
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11|    SECTION 2.  It being immediately necessary for the preservation    |
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12|of the public peace, health or safety, an emergency is hereby          |
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13|declared to exist, by reason whereof this act shall take effect and    |
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14|be in full force from and after its passage and approval.              |
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15|    Passed the Senate the 4th day of March, 2021.                      |
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  |                                    Presiding Officer of the Senate    |
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19|    Passed the House of Representatives the ____ day of __________,    |
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20|2021.                                                                  |
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  |                                     Presiding Officer of the House    |
23|                                                 of Representatives    |
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