Oklahoma has just instituted a new law - Enrolled Senate Bill No. 630 - aimed at but missing the bulls' eye of the heart of the roofing scams targeting schools and other public construction works dollars.
I was contacted several weeks ago just after its' passage, and sent a copy. I have posted it below.
However, I was just as dismayed in reading it as I was the debacle passed in the California Legislature - after more than 13 years' work at that point to expose the scam.
The new Oklahoma law targets contractors as the source of bribes in the scam, when they are not the source and method of how the scam operates.
We believe and have heard repeatedly the same story in two countries - that particular manufacturers train their reps to get in way ahead of any planning to budgetary "decision makers" - practicing architecture and engineering without a license in most cases. We even have posted their in-house training documents that show how they do so.
Tremco and Garland's own in-house documents state precisely how they do it, minus the kickbacks involved.
But the new law does not require product manufacturers whose products are part of the winning bid, local officials such as School Boards or City Councils, or school administrators and other personnel to certify they had no involvement with gifts of any kind for bid awards.
The Law should have primarily - primarily - required manufacturers whose products are part of the winning bid sign the same document.
The document should require all and any Manufacturer's Managers and Reps in the area who were involved with the School Boards, Purchasing Organizations, City Councils, Superintendents, School Administrators and staff and Facilities Directors and staff to sign the same document as required of contractors.
The Law should have also required all decision makers - every School Board Member, Purchasing Agency Directors on down, City Council members, Superintendents, School Administrators and staff, and Facilities Directors and staff - to sign the same document.
And there is no mention of those supposedly writing (or copying) manufacturer's very own restrictive proprietary performance specifications being required to certify they did not receive gratuities to sole-source products.
Here is a copy of the new Oklahoma Governor's signed Bill, copied in below.
____________________________________________
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 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__.
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."
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: _________________________________
