Empathy List Archives

KU

Ken Underwood

Mon, Oct 4, 2021 9:22 PM

Good afternoon everyone.

My City was provided some information on a service called BuyBoard that provides competitive prices on almost everything. I am curious to know if they can be used as some sort of purchasing agent to comply with competitive bidding laws and if there is statutory authority for using them or maybe an attorney general opinion

Thanks for you consideration and input.

Ken Ray Underwood
Attorney at Law
The Beacon Building
406 S. Boulder Ave., Suite 640
Tulsa, OK 74103
Phone: 918-582-7447
Fax: 918-582-0166
Ken@ulawok.com mailto:Ken@ulawok.com
www.ulawok.com http://www.ulawok.com/
CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com mailto:kenunderwood@tulsacoxmail.com, and delete this message and all copies and backups thereof. Thank you.

Good afternoon everyone. My City was provided some information on a service called BuyBoard that provides competitive prices on almost everything. I am curious to know if they can be used as some sort of purchasing agent to comply with competitive bidding laws and if there is statutory authority for using them or maybe an attorney general opinion Thanks for you consideration and input. Ken Ray Underwood Attorney at Law The Beacon Building 406 S. Boulder Ave., Suite 640 Tulsa, OK 74103 Phone: 918-582-7447 Fax: 918-582-0166 Ken@ulawok.com<mailto:Ken@ulawok.com> www.ulawok.com<http://www.ulawok.com/> CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com<mailto:kenunderwood@tulsacoxmail.com>, and delete this message and all copies and backups thereof. Thank you.

DD

david davis

Mon, Oct 4, 2021 9:35 PM

The attorney general opinion I refenced in earlier email is 2008 atty general 33

CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com mailto:ddavislaw@live.com

From: Ken Underwood ken@ulawok.com
Sent: Monday, October 4, 2021 4:22 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] BuyBoard competitive bidding questions

Good afternoon everyone.

My City was provided some information on a service called BuyBoard that provides competitive prices on almost everything. I am curious to know if they can be used as some sort of purchasing agent to comply with competitive bidding laws and if there is statutory authority for using them or maybe an attorney general opinion

Thanks for you consideration and input.

Ken Ray Underwood

Attorney at Law
The Beacon Building

406 S. Boulder Ave., Suite 640
Tulsa, OK 74103
Phone: 918-582-7447
Fax: 918-582-0166
Ken@ulawok.com mailto:Ken@ulawok.com

www.ulawok.com https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.ulawok.com%2F&data=04%7C01%7C%7C3eba387a8b8c43a3f82308d9877d2766%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637689793894572332%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=1mO46KKldtC%2BZWA8kZyOtorC3Y5LQsebe4eONNtJMQk%3D&reserved=0

CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com mailto:kenunderwood@tulsacoxmail.com, and delete this message and all copies and backups thereof. Thank you.

The attorney general opinion I refenced in earlier email is 2008 atty general 33 CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com> ________________________________ From: Ken Underwood <ken@ulawok.com> Sent: Monday, October 4, 2021 4:22 PM To: oama@lists.imla.org <oama@lists.imla.org> Subject: [Oama] BuyBoard competitive bidding questions Good afternoon everyone. My City was provided some information on a service called BuyBoard that provides competitive prices on almost everything. I am curious to know if they can be used as some sort of purchasing agent to comply with competitive bidding laws and if there is statutory authority for using them or maybe an attorney general opinion Thanks for you consideration and input. Ken Ray Underwood Attorney at Law The Beacon Building 406 S. Boulder Ave., Suite 640 Tulsa, OK 74103 Phone: 918-582-7447 Fax: 918-582-0166 Ken@ulawok.com<mailto:Ken@ulawok.com> www.ulawok.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.ulawok.com%2F&data=04%7C01%7C%7C3eba387a8b8c43a3f82308d9877d2766%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637689793894572332%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=1mO46KKldtC%2BZWA8kZyOtorC3Y5LQsebe4eONNtJMQk%3D&reserved=0> CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com<mailto:kenunderwood@tulsacoxmail.com>, and delete this message and all copies and backups thereof. Thank you.

JM

Jon Miller

Tue, Nov 16, 2021 10:32 PM

See attached AG opinion on use of a Texas purchasing group as it applies to the Public Competitive Bidding Act. An Oklahoma municipality must meet Oklahoma competitive bidding requirements or, if the matter is one of purely local concern, it must comply with its ordinances and Charter provisions. Be leery because some groups that say they "competitively bid" may not meet Oklahoma standards for competitive biddings (e.g., limit participation in the bidding process, etc.). Also, if the purchase is to be made by a public trust then the competitive bidding requirements applicable to a public trust making the purchase are more restrictive.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: Ken Underwood ken@ulawok.com
Sent: Monday, October 4, 2021 4:23 PM
To: oama@lists.imla.org
Subject: [Oama] BuyBoard competitive bidding questions

Good afternoon everyone.

My City was provided some information on a service called BuyBoard that provides competitive prices on almost everything. I am curious to know if they can be used as some sort of purchasing agent to comply with competitive bidding laws and if there is statutory authority for using them or maybe an attorney general opinion

Thanks for you consideration and input.

Ken Ray Underwood
Attorney at Law
The Beacon Building
406 S. Boulder Ave., Suite 640
Tulsa, OK 74103
Phone: 918-582-7447
Fax: 918-582-0166
Ken@ulawok.com mailto:Ken@ulawok.com
www.ulawok.com https://us-west-2.protection.sophos.com?d=ulawok.com&u=aHR0cDovL3d3dy51bGF3b2suY29tLw==&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=VmViekJVU1FDeDl6RWs2Tm1ObC9KQjEyZDJPRWdCSURmRGdMQ0loeCt3WT0=&h=9d07ba8b4b4e4ba4a21c18bd8062446b
CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com mailto:kenunderwood@tulsacoxmail.com, and delete this message and all copies and backups thereof. Thank you.

See attached AG opinion on use of a Texas purchasing group as it applies to the Public Competitive Bidding Act. An Oklahoma municipality must meet Oklahoma competitive bidding requirements or, if the matter is one of purely local concern, it must comply with its ordinances and Charter provisions. Be leery because some groups that say they "competitively bid" may not meet Oklahoma standards for competitive biddings (e.g., limit participation in the bidding process, etc.). Also, if the purchase is to be made by a public trust then the competitive bidding requirements applicable to a public trust making the purchase are more restrictive. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Ken Underwood <ken@ulawok.com> Sent: Monday, October 4, 2021 4:23 PM To: oama@lists.imla.org Subject: [Oama] BuyBoard competitive bidding questions Good afternoon everyone. My City was provided some information on a service called BuyBoard that provides competitive prices on almost everything. I am curious to know if they can be used as some sort of purchasing agent to comply with competitive bidding laws and if there is statutory authority for using them or maybe an attorney general opinion Thanks for you consideration and input. Ken Ray Underwood Attorney at Law The Beacon Building 406 S. Boulder Ave., Suite 640 Tulsa, OK 74103 Phone: 918-582-7447 Fax: 918-582-0166 Ken@ulawok.com<mailto:Ken@ulawok.com> www.ulawok.com<https://us-west-2.protection.sophos.com?d=ulawok.com&u=aHR0cDovL3d3dy51bGF3b2suY29tLw==&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=VmViekJVU1FDeDl6RWs2Tm1ObC9KQjEyZDJPRWdCSURmRGdMQ0loeCt3WT0=&h=9d07ba8b4b4e4ba4a21c18bd8062446b> CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com<mailto:kenunderwood@tulsacoxmail.com>, and delete this message and all copies and backups thereof. Thank you.

KU

Ken Underwood

Tue, Nov 16, 2021 10:39 PM

Thanks for the input.

I appreciate your insight and citation of authority.

I hope you have an outstanding holiday season.

Ken Ray Underwood
Attorney at Law
The Beacon Building
406 S. Boulder Ave., Suite 640
Tulsa, OK 74103
Phone: 918-582-7447
Fax: 918-582-0166
Ken@ulawok.com mailto:Ken@ulawok.com
www.ulawok.com http://www.ulawok.com/
CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com mailto:kenunderwood@tulsacoxmail.com, and delete this message and all copies and backups thereof. Thank you.

From: Jon Miller JMiller@cityofmustang.org
Sent: Tuesday, November 16, 2021 4:32 PM
To: Ken Underwood ken@ulawok.com; oama@lists.imla.org
Subject: RE: BuyBoard competitive bidding questions

See attached AG opinion on use of a Texas purchasing group as it applies to the Public Competitive Bidding Act. An Oklahoma municipality must meet Oklahoma competitive bidding requirements or, if the matter is one of purely local concern, it must comply with its ordinances and Charter provisions. Be leery because some groups that say they "competitively bid" may not meet Oklahoma standards for competitive biddings (e.g., limit participation in the bidding process, etc.). Also, if the purchase is to be made by a public trust then the competitive bidding requirements applicable to a public trust making the purchase are more restrictive.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: Ken Underwood <ken@ulawok.com mailto:ken@ulawok.com>
Sent: Monday, October 4, 2021 4:23 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] BuyBoard competitive bidding questions

Good afternoon everyone.

My City was provided some information on a service called BuyBoard that provides competitive prices on almost everything. I am curious to know if they can be used as some sort of purchasing agent to comply with competitive bidding laws and if there is statutory authority for using them or maybe an attorney general opinion

Thanks for you consideration and input.

Ken Ray Underwood
Attorney at Law
The Beacon Building
406 S. Boulder Ave., Suite 640
Tulsa, OK 74103
Phone: 918-582-7447
Fax: 918-582-0166
Ken@ulawok.com mailto:Ken@ulawok.com
www.ulawok.com https://us-west-2.protection.sophos.com?d=ulawok.com&u=aHR0cDovL3d3dy51bGF3b2suY29tLw==&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=VmViekJVU1FDeDl6RWs2Tm1ObC9KQjEyZDJPRWdCSURmRGdMQ0loeCt3WT0=&h=9d07ba8b4b4e4ba4a21c18bd8062446b
CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com mailto:kenunderwood@tulsacoxmail.com, and delete this message and all copies and backups thereof. Thank you.

Thanks for the input. I appreciate your insight and citation of authority. I hope you have an outstanding holiday season. Ken Ray Underwood Attorney at Law The Beacon Building 406 S. Boulder Ave., Suite 640 Tulsa, OK 74103 Phone: 918-582-7447 Fax: 918-582-0166 Ken@ulawok.com<mailto:Ken@ulawok.com> www.ulawok.com<http://www.ulawok.com/> CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com<mailto:kenunderwood@tulsacoxmail.com>, and delete this message and all copies and backups thereof. Thank you. From: Jon Miller <JMiller@cityofmustang.org> Sent: Tuesday, November 16, 2021 4:32 PM To: Ken Underwood <ken@ulawok.com>; oama@lists.imla.org Subject: RE: BuyBoard competitive bidding questions See attached AG opinion on use of a Texas purchasing group as it applies to the Public Competitive Bidding Act. An Oklahoma municipality must meet Oklahoma competitive bidding requirements or, if the matter is one of purely local concern, it must comply with its ordinances and Charter provisions. Be leery because some groups that say they "competitively bid" may not meet Oklahoma standards for competitive biddings (e.g., limit participation in the bidding process, etc.). Also, if the purchase is to be made by a public trust then the competitive bidding requirements applicable to a public trust making the purchase are more restrictive. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Ken Underwood <ken@ulawok.com<mailto:ken@ulawok.com>> Sent: Monday, October 4, 2021 4:23 PM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] BuyBoard competitive bidding questions Good afternoon everyone. My City was provided some information on a service called BuyBoard that provides competitive prices on almost everything. I am curious to know if they can be used as some sort of purchasing agent to comply with competitive bidding laws and if there is statutory authority for using them or maybe an attorney general opinion Thanks for you consideration and input. Ken Ray Underwood Attorney at Law The Beacon Building 406 S. Boulder Ave., Suite 640 Tulsa, OK 74103 Phone: 918-582-7447 Fax: 918-582-0166 Ken@ulawok.com<mailto:Ken@ulawok.com> www.ulawok.com<https://us-west-2.protection.sophos.com?d=ulawok.com&u=aHR0cDovL3d3dy51bGF3b2suY29tLw==&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=VmViekJVU1FDeDl6RWs2Tm1ObC9KQjEyZDJPRWdCSURmRGdMQ0loeCt3WT0=&h=9d07ba8b4b4e4ba4a21c18bd8062446b> CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com<mailto:kenunderwood@tulsacoxmail.com>, and delete this message and all copies and backups thereof. Thank you.