Oklahoma agencies must follow public purchasing rules starting in 2027

Public agencies must seek written quotes and select the lowest-priced responsible, qualified vendor. The rule covers buying, leasing, or lease-purchasing goods estimated to cost at least $25,000. Public agencies include state and local governments, school districts, and public trusts. The rule applies unless another law specifically provides otherwise. Professional services covered by the law's definition do not require bids or quotes unless another law requires them. Under authorized procedures for seeking one supplier or brand, agencies must consider cheaper substitutes with substantially equal quality and performance or that meet the stated requirements. Agencies cannot write requirements for the purpose of restricting bids or quotes. They may set stricter rules for themselves. The law takes effect November 1, 2027.

Contractors and vendors must submit sworn statements naming owners and the subcontractors and trade contractors they use. These duties cover contractors, vendors, and the subcontractors and trade contractors identified in Section 140. Statements must name people owning more than 10% of the bidding or quoting company and trace ownership through other companies as required. The contractor or vendor's ownership statement also requires tracing company ownership far enough to reveal individuals with any ownership interest. Subcontractors and trade contractors organized as entities must submit sworn statements tracing people with more than 10% ownership. Missing a required statement makes the affected contract, subcontract, or trade contract void, meaning it has no legal effect. The disclosure requirements take effect November 1, 2027.

School districts must select the lowest responsible bidder or qualified contractor through written bids or competitive quotes for construction contracts from $25,000 to less than $50,000. These price ranges apply to public school district construction contracts. Districts may negotiate construction contracts below $25,000 with a qualified contractor. Contracts from $50,000 to less than $100,000 require written bids and selection of the lowest responsible bidder. Work cannot start until a written contract is signed and the contractor provides proof of insurance. These school construction rules take effect November 1, 2027.

Public agencies must provide public access to bidding information and follow rules for construction price quotes, contract changes, and court challenges. These rules cover public construction bidding and price quotes where specified. Complete bidding documents for construction contracts and construction-management trade contracts or subcontracts must be available at least 20 days before bids open. An agency may open electronic bids without an in-person public opening if it streams the opening live on its website. Successful and unsuccessful bids and quotes must remain public records for five years after opening or three years after contract completion, whichever is longer. Agencies must publish reasons for choosing someone other than the lowest bidder or quoter. They may reject bids or quotes and seek them again through the approval process stated in the law. These public access requirements take effect November 1, 2027.

Public officials and employees must avoid financial conflicts and improper sharing or blocking of bidding information. Contractors and agencies must follow enforcement rules for construction contracts. The restrictions cover public construction contracts and bidding information. Contracts made in violation of the financial-conflict rule have no legal effect. Officials and employees who authorize, award, or oversee construction contracts, and relatives within the stated third-degree family relationship, cannot hold a direct or indirect financial interest in those contracts. Willful violations carry felony penalties and removal from office. Officials or employees who reveal submitted bid terms before opening commit a felony. Officials or employees who provide unreleased bid-notice information, and other people who seek, possess, or receive it, also commit a felony. Those proceedings become invalid. Improperly blocking released bid-notice information is a felony. The exception covers withdrawn bids or information deleted or replaced through changes made equally known to everyone. Agencies may research products and contact vendors while preparing projects. Knowing violations without another specified penalty are misdemeanors. Taxpayers and genuine unsuccessful bidders or quoters may sue to stop an unlawful contract within 10 days after it is signed. The law takes effect November 1, 2027. Construction cost increases above the stated limits require fresh bids or quotes for unfinished work, with exceptions for unit-price changes and options included in the original contract.