Okla. Stat. tit. 74 § 85.2

Current through Laws 2024, c. 453.

Section 85.2 - Definitions

As used in the Oklahoma Central Purchasing Act, unless the context otherwise requires:

1. "Acquisition" means items, products, materials, supplies, services, and equipment a state agency acquires by purchase, lease-purchase, lease with option to purchase, rental or value provided to the state pursuant to the Oklahoma Central Purchasing Act unless the items, products, supplies, services, or equipment are exempt pursuant to the Oklahoma Central Purchasing Act or authority exercised by the Chief Information Officer;

2. "Best value criteria" means evaluation criteria which may include, but is not limited to, the following:

a. the acquisition's operational cost a state agency would incur,

b. the quality of the acquisition, or its technical competency,

c. the reliability of the bidder's delivery and implementation schedules,

d. the acquisition's facilitation of data transfer and systems integration,

e. the acquisition's warranties and guarantees and the bidder's return policy,

f. the bidder's financial stability,

g. the acquisition's adherence to the state agency's planning documents and announced strategic program direction,

h. the bidder's industry and program experience and record of successful past performance with acquisitions of similar scope and complexity,

i. the anticipated acceptance by user groups, and

j. the acquisition's use of proven development methodology, and innovative use of current technologies that lead to quality results;

3. "Bid" or "proposal" means an offer a bidder submits in response to an invitation to bid or request for proposal;

4. "Bidder" means an individual or business entity that submits a bid or proposal in response to an invitation to bid or a request for proposal;

5. "Business entity" means individuals, partnerships, business trusts, cooperatives, associates, corporations, limited liability companies or any other firm, group or concern which functions as a separate entity for business purposes;

6. "Chief administrative officer" means an individual responsible for directing the administration of a state agency. The term does not mean one or all of the individuals that make policy for a state agency;

7. "Component" means any item supplied as part of an end item or of another component;

8. "Contract" means a mutually binding legal relationship obligating the seller to furnish an acquisition and the buyer to pay for it or provide a potential financial incentive in lieu of payment. It includes all types of commitments that obligate a state agency to an expenditure of funds or action that, unless otherwise authorized, is in writing. In addition to bilateral instruments, contracts include, but are not limited to:

a. awards,

b. orders issued under basic ordering agreements,

c. letter agreements, and

d. orders under which the contract becomes effective by written acceptance or performance;

9. "Contracting" means obtaining acquisitions from private sources. Contracting includes description, but not determination, of acquisitions required, selection and solicitation of sources, preparation and award of contracts, and contract administration;

10. "Electronic commerce" means the use of electronic methods to enable solicitation, supplier response, contract award, state agency acquisition processes, or any other function to make an acquisition;

11. "Electronic payment mechanism" means a method of electronic payment for authorized acquisitions;

12. "Environmentally preferable products and services (EPPS)" means acquisitions that best meet the requirements as defined in the solicitation for human health and the environment;

13. "Local governmental entity" means any unit of local government including, but not limited to, any school district, county or municipality of this state;

14. "Lowest and best" means an acquisition based on criteria which include, but are not limited to, the following:

a. the lowest total purchase price,

b. the quality and reliability of the product, and

c. the consistency of the proposed acquisition with the state agency's planning documents and announced strategic program direction;

15. "Multistate contract" or "multigovernmental contract" means an agreement entered into between two or more entities of government for acquisitions pursuant to a single contract;

16. "Nonprofessional services" means services which are predominantly physical or manual in character and may involve the supplying of products;

17. "Open market contract" means a contract for a one-time acquisition not exceeding the acquisition amount, requiring a competitive bid pursuant to Section 85.7 of this title;

18. "Political subdivision" means local governmental entities and such other entities specified as political subdivisions pursuant to The Governmental Tort Claims Act;

19. "Professional services" means services which are predominantly mental or intellectual in character rather than physical or manual and which do not involve the supplying of products. Professional services include services to support or improve state agency policy development, decision making, management, administration or the operation of management systems;

20. "Purchase order" means an offer by a state agency to make an acquisition utilizing simplified procedures;

21. "Purchasing cooperative" means an association of public entities working together to provide leverage in achieving best value and/or the best terms in contracts awarded through a competitive bidding process;

22. "Requisition" means a written request by a state agency for an acquisition;

23. "Sole brand acquisition" means an acquisition that by specification restricts the acquisition to one manufacturer or brand name;

24. "Sole source acquisition" means an acquisition which, by specification, restricts the acquisition to one supplier;

25. "Solicitation" means a request or invitation by the State Purchasing Director or a state agency for a supplier to submit a priced offer to sell one or more acquisitions to the state. A solicitation may be an invitation to bid, request for proposal or a request for quotation;

26. "Split purchase" means dividing a known quantity or failing to consolidate a known quantity of an acquisition for the purpose of evading a competitive bidding requirement;

27. "State agency" includes any office, officer, bureau, board, counsel, court, commission, department, institution, unit, division, body or house of the executive or judicial branches of the state government, whether elected or appointed, excluding only political subdivisions of the state;

28. "State purchase card" means a type of commercial card that allows state agencies to take advantage of existing credit card infrastructure to make electronic payments for acquisitions;

29. "State Purchasing Director" includes any employee or agent of the State Purchasing Director, acting within the scope of delegated authority;

30. "Statewide contract" means a contract for specific acquisitions for a specified period with a provision allowing some or all state agencies and local governmental entities to place orders as the acquisitions are needed for delivery during the period specified; and

31. "Supplier" or "vendor" means an individual or business entity that provides or desires to provide acquisitions to state agencies.

Okla. Stat. tit. 74, § 85.2

Amended by Laws 2020 , c. 99, s. 2, eff. 11/1/2020.

Amended by Laws 2013 , c. 358, s. 27, eff. 7/1/2013.

Amended by Laws 2013 , c. 186, s. 3, eff. 11/1/2013.

Laws 1959, SB 211, p. 350, § 2, emerg. eff. 7/8/1959; Amended by Laws 1986, HB 1950, c. 173, § 1, emerg. eff. 5/12/1986; Amended by Laws 1991, HB 1637, c. 197, § 1, eff. 7/1/1991; Amended by Laws 1992, HB 1933, c. 250, § 6, emerg. eff. 7/1/1992; Amended by Laws 1994, HB 2581, c. 329, § 2, emerg. eff. 7/1/1994; Amended by Laws 1996, HB 2147, c. 316, § 1, emerg. eff. 7/1/1996; Amended by Laws 1998 , HB 1822, c. 371, §2, eff. 11/1/1998; Amended by Laws 1999, SB 508 c. 289, § 1, eff. 11/1/1999; Amended by Laws 2000 , SB 1592, c. 333, §1, eff. 6/5/2000; Amended by Laws 2008 , HB 3325, c. 96, §1, eff. 11/1/2008.