If not, here is the original Oklahoma News 9 investigative report:
http://www.news9.com/story/15953631/school-districts-accused-of-wasting-tax-dollars
I became involved in that cause when a good man, Mr. Denver Green of Saratoga Roofing, contacted me (Aug. of 2011, I believe). Saratoga Roofing is a member of Roof Consultant's Alliance, and at RCA, we help each other.
NOBODY likes "Proprietary Specifications" that are "Exclusionary", limit competition (if not obliterate it), and against every published law in North America. You may thank your "Government Purchasing Co-Op's" for that, and they positively hate "competition" because their commissions (that almighty dollar) are less. Who thinks government purchasing should be paid a commission for goods and services SOLD, rather than money SAVED?
Many others have been instrumental in this (Janet Campbell, Mark Nestler, Brian Gardiner, Tom Gernetzke (RCI President), Oklahoma SA's Office, Oklahoma AG, Citizens Procurement Reform, and those who may prefer anonymity). Certainly I've missed many of you, so please forgive me.
If you would like to help put us over the top, perhaps 5 minutes of your time can be very well spent (and very much appreciated):
This bill has passed the Oklahoma legislature -- http://webserver1.lsb.state.ok.us/cf_pdf/2013-14%20ENR/SB/SB630%20ENR.PDF
We need to have as many people as possible send an email to the Governor:
1. To email the Governor go to this link -- https://www.ok.gov/triton/modules/formbuilder/form.php?form_id=2ab143b4bba6b0e9da3235121bf3a7ef73719541e049cc5bcddf8ed1564dac13
2. Fill out the contact information
3. In the subject line write -- Please Sign SB630
4. Here is an example for the message box:
Dear Governor Fallin:
I write you today and ask that you sign SB630. SB630 passed the Senate
43-0 and the House 85-1.
SB630 puts a stop to the sole source abuse that has been occurring in
public construction. Such abuse has cost the taxpayers of the state millions of
dollars in excess construction costs. SB630 will guarantee Oklahoma taxpayers
that there is competition in public construction in the state ensuring the best
construction product for the lowest cost. Failure to sign SB630 means Oklahoma
taxpayers will continue to be robbed of millions of dollars by a few cheating
the state and the taxpayer by prohibiting free and open public competition in
the public construction marketplace.
It is vital to the continued economic growth of Oklahoma that you sign
SB630. I thank you in advance for you signature on the bill.
Respectfully,
5. Select Yes on the request for a reply.
-------------------------------------------------------------------------------------------------------------------------
The bill itself:
An Act
ENROLLED SENATE
BILL NO. 630 By: Jolley of the Senate
and
Murphey of the House
An Act relating to sole source purchase contracts; amending 74 O.S. 2011, Section 85.22, which relates to competitive bidding; modifying certification requirements; authorizing substitution of certain products; prohibiting purchasing restrictions to certain geographical areas; authorizing promulgation of rules to implement act; providing for codification; providing for noncodification; and declaring an emergency.
SUBJECT: Competitive bidding procedures
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 85.22, is amended to read as follows:
Section 85.22. Any competitive bid submitted to the State of Oklahoma or contract executed by the state for goods or services in excess of Five Thousand Dollars ($5,000.00) shall contain a certification, which shall be in substantially the following form:
A. For purposes of competitive bids, I certify:
1. I am the duly authorized agent of _____________, the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the facts pertaining to the existence ENR. S. B. NO. 630 Page 2
of collusion among bidders and between bidders and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the bid to which this statement is attached;
2. I am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and have been personally and directly involved in the proceedings leading to the submission of such bid; and
3. Neither the bidder nor anyone subject to the bidder's direction or control has been a party:
a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding,
b. to any collusion with any state official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, nor
c. in any discussions between bidders and any state official concerning exchange of money or other thing of value for special consideration in the letting of a contract, nor
d. to any efforts or offers with state agency or political subdivision officials or others to create a sole brand acquisition or a sole source acquisition in contradiction to Section 2 of this act.
B. I certify, if awarded the contract, whether competitively bid or not, neither the contractor nor anyone subject to the contractor’s direction or control has paid, given or donated or agreed to pay, give or donate to any officer or employee of the State of Oklahoma any money or other thing of value, either directly or indirectly, in procuring the contract to which this statement is attached.
Certified this _______ day of_________________ 20__. ENR. S. B. NO. 630 Page 3
SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 85.45j.1 of Title 74, unless there is created a duplication in numbering, reads as follows:
A. Notwithstanding any other provision of law or agency rule to the contrary, any bid submissions received by a state agency or any political subdivision pursuant to authorized sole source bidding procedures established by the provisions of Section 85.45j of Title 74 of the Oklahoma Statutes, which substitute an item with one that is alike in quality and design or which meets the required specifications of the bid shall be considered and shall not be prohibited. In terms of public construction contracts, with exception of specific products submitted and approved prior to release for bidding by the Oklahoma Attorney General for matching preexisting materials, at least three equivalent items from more than one manufacturer and more than one supplier or representative shall be included in the required specifications.
B. In addition, no sole source bid proposal shall require any limitation that materials must be supplied from a vendor within any specific geographical area. Geographic preference for vendors inside the geographical boundaries may be given, but only when the cost is the same or less.
SECTION 3. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:
The Office of Management and Enterprise Services is authorized to promulgate rules as necessary to implement the provisions of this act.
SECTION 4. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval." ENR. S. B. NO. 630 Page 4
Passed the Senate the 30th day of April, 2013.
Presiding Officer of the Senate
Passed the House of Representatives the 17th day of April, 2013.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________
The bill itself:
An Act
ENROLLED SENATE
BILL NO. 630 By: Jolley of the Senate
and
Murphey of the House
An Act relating to sole source purchase contracts; amending 74 O.S. 2011, Section 85.22, which relates to competitive bidding; modifying certification requirements; authorizing substitution of certain products; prohibiting purchasing restrictions to certain geographical areas; authorizing promulgation of rules to implement act; providing for codification; providing for noncodification; and declaring an emergency.
SUBJECT: Competitive bidding procedures
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 85.22, is amended to read as follows:
Section 85.22. Any competitive bid submitted to the State of Oklahoma or contract executed by the state for goods or services in excess of Five Thousand Dollars ($5,000.00) shall contain a certification, which shall be in substantially the following form:
A. For purposes of competitive bids, I certify:
1. I am the duly authorized agent of _____________, the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the facts pertaining to the existence ENR. S. B. NO. 630 Page 2
of collusion among bidders and between bidders and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the bid to which this statement is attached;
2. I am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and have been personally and directly involved in the proceedings leading to the submission of such bid; and
3. Neither the bidder nor anyone subject to the bidder's direction or control has been a party:
a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding,
b. to any collusion with any state official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, nor
c. in any discussions between bidders and any state official concerning exchange of money or other thing of value for special consideration in the letting of a contract, nor
d. to any efforts or offers with state agency or political subdivision officials or others to create a sole brand acquisition or a sole source acquisition in contradiction to Section 2 of this act.
B. I certify, if awarded the contract, whether competitively bid or not, neither the contractor nor anyone subject to the contractor’s direction or control has paid, given or donated or agreed to pay, give or donate to any officer or employee of the State of Oklahoma any money or other thing of value, either directly or indirectly, in procuring the contract to which this statement is attached.
Certified this _______ day of_________________ 20__. ENR. S. B. NO. 630 Page 3
SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 85.45j.1 of Title 74, unless there is created a duplication in numbering, reads as follows:
A. Notwithstanding any other provision of law or agency rule to the contrary, any bid submissions received by a state agency or any political subdivision pursuant to authorized sole source bidding procedures established by the provisions of Section 85.45j of Title 74 of the Oklahoma Statutes, which substitute an item with one that is alike in quality and design or which meets the required specifications of the bid shall be considered and shall not be prohibited. In terms of public construction contracts, with exception of specific products submitted and approved prior to release for bidding by the Oklahoma Attorney General for matching preexisting materials, at least three equivalent items from more than one manufacturer and more than one supplier or representative shall be included in the required specifications.
B. In addition, no sole source bid proposal shall require any limitation that materials must be supplied from a vendor within any specific geographical area. Geographic preference for vendors inside the geographical boundaries may be given, but only when the cost is the same or less.
SECTION 3. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:
The Office of Management and Enterprise Services is authorized to promulgate rules as necessary to implement the provisions of this act.
SECTION 4. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval." ENR. S. B. NO. 630 Page 4
Passed the Senate the 30th day of April, 2013.
Presiding Officer of the Senate
Passed the House of Representatives the 17th day of April, 2013.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________
We are beginning to take back our roofing discipline from government administrators who know nothing about us, yet dictate who can, and can't participate.
YOU HAVE A RIGHT TO COMPETE FOR YOUR OWN TAXPAYER DOLLARS!
Please keep in mind that Private work is self policing, where in Public work, the sole manufacturer "Preferred Vendor" is MANDATED. This is absurd, and no public official can rationally explain how 'Exclusion", and "No Compete" scenarios benefit YOU, the taxpayer.
In Oklahoma, "No Bid" contracting was up 124 million dollars over the previous year. Is that the direction we should be following, or shall we choose "Fair Competition"?
The Governor of Oklahoma has this on her desk, and I will keep you informed.
If you can spare 5 minutes to write her, the entire roofing discipline will be in your debt.
Time for taxpayers, manufacturers, distributors, consultants, and contractors EVERYWHERE to stand up.
My plans are to address the same problem in Texas, and then clean up my own state (Florida).
While this work requires a great deal of time, and effort, am proud to do it for my Brothers and Sisters within the roofing discipline. I am humbled by the encouragement and support so many of you have shown to me, and to this cause.
Please reject negativity in all forms, and always remember to keep looking "UP".
Respect.
Robert R. "Ron" Solomon
Director, Roof Consultant's Alliance
CCC1325620
Tampa, Florida
