Counties in Oklahoma may use any of several methods for purchasing supplies, materials, equipment, road and bridge construction services, information technology, and telecommunication goods and services. This chapter explains the various methods to help purchasing agents and their customers determine the method(s) best suited to each situation and need.

Purchases When Bidding Required

All purchases that exceed Twenty-Five Thousand Dollars ($25,000.00), including rentals, leases, and lease purchases other than those exempted by law (see Chapter Six, “Purchasing Situations”), must be bid. The following chapter outlines the steps in a normal bidding procedure. Any deviations from these procedures will be noted in Chapter Six, “Purchasing Situations.”

• 19 O.S. §1501 (A)(3)
• 19 O.S. § 1505(A)(3)

WARNING: Splitting purchases for the purpose of avoiding competitive bidding and paying an amount in excess of Twenty-Five Thousand Dollars ($25,000.00) is prohibited. Any person convicted of violating this provision will be guilty of a misdemeanor and will forfeit their position or office.

• Oklahoma Constitution
• Article 10 § 26 

The Requisitioning Officer

In the bidding process, the requisitioning officer has the following general responsibilities:

• Prepare the requisition portion of SA&I Form No. 1116, Requisition - Purchase Order - Claim:
• Specifications shall be attached to the requisition form;
• Forward the requisition form to the purchasing agent.

19 O.S. § 1505(A)(1)

The Purchasing Agent

In the bidding process, the purchasing agent has the following general responsibilities:

• Solicit advertised bid requests on SA&I Form 4040, Invitation to Bid: Solicit advertised bid
• The non-collusion affidavit on the back side of this form must be completed before any bid can be accepted. In those cases where the description is contained on lengthy specification sheets, enter “See attached specification sheets” under “Description”;
• Refer to Chapter Ten, “Writing Specifications.”
• Mail a notice to all people or firms that have submitted a written request to be notified, plus any other person or firm that might be expected to bid. The notice shall specify whether the county will consider written bids, electronic bids, or both; the decision to consider either written bids or electronic bids shall be determined by the board of county commissioners:
• Proof of the bidder solicitation must be made by affidavit of the person making the mail or e-mail solicitation and must become a permanent part of the official records of the purchasing agent;
• Whenever any prospective supplier or vendor dealing in or listing for sale, any particular item or article required to be purchased or acquired by sealed bids fails to enter or offer a sealed bid for three successive bid solicitations, the name of the supplier or vendor may be dropped from the mailing lists of the board of county commissioners.
• Publish a notice of the bid solicitation one time in a newspaper of general circulation:
• Notices must be mailed and published at least TEN days prior to the date bids are opened. Proof of Publication affidavit should be a permanent part of the bid file.
• File stamp time and date when a bid is received:
• Give sealed bids received and any state contract prices from the Office of Management and Enterprises Services (OMES) (When available) to the county clerk.

• 19 O.S. § 1505(B)(2)
• 19 O.S. § 1505(B)(2)
• 19 O.S. § 1505(B)(3)
   

The County Clerk

After receiving the sealed bids from the purchasing agent, the county clerk has the following responsibilities:

• Forward the sealed bids to the board of county commissioners;
• Forward the state contract prices to the board of county commissioners, if available.

19 O.S. § 1505(B)(4) 

The Requisitioning Officer

After the public opening, the requisitioning officer should review the bids and submit a written recommendation to the board of county commissioners.

Whenever the lowest bid is not considered to be the lowest and best, the reason should be documented in the recommendation to the board of county commissioners.
19 O.S. § 1505(B)(4)

The Board of County Commissioners

At an open meeting, the board of county commissioners must complete the following actions:

• Open the sealed bids and compare them to state contract prices;
• If no bids are received, quotes may be solicited by the purchasing agent. Refer to “Vendor Quotes” in Chapter Six;
• Award bids within 30 days to a single vendor;
• Processed native materials are an exception to this rule. Refer to “Awarding Bids for Processed Native Materials” in Chapter Six;
• Keep a written record of the meeting as required by law;
• Whenever the lowest bid is not considered to be the lowest and best bid, record the reason for that conclusion;
• Whenever the board of county commissioners rejects the written recommendation of the requisitioning officer pertaining to a special item, the reasons for the rejection shall be entered in their minutes and stated in a letter to the requisitioning officer and county purchasing agent:
• Refer to Chapter Eleven, “Analyzing to Determine Lowest and Best Bids,” for more information.
• 19 O.S. § 1505(B)(6)
• 19 O.S. § 1505(B)(4)
• 19 O.S. §1505(B)(4)
• 19 O.S. §1500.1