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74 O.S. § 3009. Rule - Requirements - Reporting of violations of Intent of laws - Annual Report to Legislature

  1. The State Use Committee shall prescribe rules to carry out the purposes of the provisions of Sections 3001 through 3009 of this title. 
  2. The rules shall include requirements for: 
    1. Publishing a catalog listing goods and services and jobs that workshops can provide the state, annually; 
    2. Conducting a minimum of six meetings per year, in compliance with the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes; 
    3. Making available to contractors the minutes of all meetings; 
    4. Notifying contractors at least ten (10) days prior to meeting dates. Meetings shall be called by the Committee Chair; and 
    5. Establishing guidelines by which a supplier may file a grievance. 
  3. The Committee shall report any violations of the intent of the laws to the Attorney General’s office within thirty (30) days of their determination of such violations. 
  4. The Committee shall file an Annual Report within sixty (60) days after the close of the legislative year with the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Governor.

Associated Rules

  1. Compilation of procurement schedule. The contracting officer shall maintain and publish a current list of all products and services offered by qualified organizations. 
  2. Approval of procurement schedule. The Committee shall approve items on the list or delete items from the list, consistent with the provisions of the Act, and shall designate the final list of approved items as the Procurement Schedule by majority vote. If additional products or services are offered by individuals or agencies, the Committee may add products and services to the Procurement Schedule by majority vote. 

  1. Filing a protest or grievance. Any party who is aggrieved may file a written protest or grievance with the Chairperson of the Committee within fifteen (15) days of the aggrieved action. 
  2. Investigation of protest or grievance. The Chairperson may assign a protest or grievance to a subcommittee to investigate and make recommendations to the Committee for resolving the grievance. 
  3. Protest process. All protests shall be handled in accordance with the provisions of the Administrative Procedures Act. [ 75 O.S., Section 250 et seq. 
  4. Committee response to protest or grievance. The Committee shall respond in writing to the protesting or grieving party within ninety (90) days of receipt of the protest or grievance. 

The Committee shall publish a catalog listing the jobs that workshops can do for the State of Oklahoma, annually. The list of jobs shall be the Procurement Schedule. 

  1. Number of regular meetings. The Committee shall conduct a minimum of six meetings per year, in compliance with the Open Meeting Act. The schedule for regular meetings will be adopted at the last regular meeting of each calendar year. 
  2. Special meetings. Special meetings shall be called by the Committee Chairperson. 
  3. Quorum. A majority of all current members of the Committee shall constitute a quorum. 
  4. Request for notices of meeting. Upon written request, the Committee Vice-Chairperson shall notify any person, state agency, qualified organization or contractor, at least ten days prior to meeting dates, and shall make available the minutes of all meetings. 

  1. Failure to provide reports or documentation. Reports or documentation requested from a qualified organization by the Committee through the contracting officer, shall be completed within thirty (30) days of the date requested. The Committee may cancel contracts of otherwise qualified organizations who fail to provide reports, documentation or information required by utilization terms of a contract. 
  2. Sales to political subdivisions other than the state. A qualified organization shall provide a quarterly report of purchases made by a political subdivision, excluding state agencies, from a contract the Committee awards. The report shall include: 
    1. the name and address of each political subdivision; 
    2. total amount of sales made to each political subdivision. 
  3. Notice of contract cancellation. The Committee shall direct the Contracting Officer to send written notice to a qualified organization at least thirty days prior to the cancellation date of a contract pursuant to subsection (a) of this section. 

Associated Attorney General Opinions

Among the statutory exceptions to the general requirement that state agencies use competitive solicitations when making acquisitions are the statutes and administrative rules relating to the State Use Committee which exists within the OMES Purchasing Division. State Use Committee contracts are mandatory contracts and whenever a state agency intends to procure a product or service included in the State Use Committee’s procurement schedule, the agency shall secure the product or service from a State Use contractor regardless of the acquisition purchase price. The only exception to the mandate is if the product or service is not available within the period required by the entity.  Pursuant to 74 O.S. §3007.B. a state agency is prohibited from evading the purchase of individual products or services listed on the State Use Committee's procurement schedule, by issuing a solicitation for products or services that is a slight variation from the standards adopted by OMES.

The proper test to apply in determining whether a solicitation by a state agency violates State Use statutes is found within the language of 74 O.S. §3007 and turns on whether a particular solicitation is for "any product or service included in the procurement schedule." This test must be applied to each solicitation on a case-by-case basis. For example, a solicitation for prepared soup is not a violation of the intent of the State Use statutes even though it includes individual items on the schedule such as pasta, peas and beans, because the product of prepared soup is not an item on the procurement schedule. Likewise, a solicitation for a comprehensive package of computer parts and services would not violate the intent of the State Use statutes even though the State Use procurement schedule includes an individual item such as toner, because the product/service of comprehensive computer services is not on the procurement schedule.

The determination of whether any purchase by a state agency violates the intent of the State Use laws is the responsibility of the State Use Committee.  See 74 O.S. §§3007 and 3009.

Purchasing Reference Guide


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