oama@lists.imla.org

Oklahoma Association of Municipal Attorneys

View all threads

The Oklahoma Purchasing System

JM
Jon Miller
Wed, Aug 9, 2023 10:14 PM

All,

Has anyone reviewed The Oklahoma Purchasing System ("TOPS") for its compliance with Oklahoma competitive bidding statutes?  TOPS' website states that it is "a Cooperative Purchasing Program established under the Oklahoma Interlocal Cooperation Act, Title 74 O.S. § 1001, et seq.", and that it is utilized by member cities, counties, and other government entities.  TOPS states that the Oklahoma Attorney General's office approved TOPS as a valid interlocal cooperative agency on October 19, 2022 (AG# ICA-22-0024), and the Secretary of State duly filed the letter of approval on December 28, 2022.  It also states that primary procurement statute for the lead agency, the City of Atoka, is the Oklahoma Public Competitive Bidding Act ("OPCBA"), Title 61 O.S. § 101, et seq.  Its website also states that: "TOPS PROCURES AND AWARDS ALL VENDOR CONTRACTS ACCORDING TO OKLAHOMA STATUTES...."

I have researched the issue of using purchasing cooperatives in the past and understand that generally they must comply with all applicable Oklahoma and local competitive bidding laws in order for a municipality to use contracts obtained by a purchasing cooperative.  I would be interested to know of any other city's experience with TOPS.

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.

All, Has anyone reviewed The Oklahoma Purchasing System ("TOPS") for its compliance with Oklahoma competitive bidding statutes? TOPS' website states that it is "a Cooperative Purchasing Program established under the Oklahoma Interlocal Cooperation Act, Title 74 O.S. § 1001, et seq.", and that it is utilized by member cities, counties, and other government entities. TOPS states that the Oklahoma Attorney General's office approved TOPS as a valid interlocal cooperative agency on October 19, 2022 (AG# ICA-22-0024), and the Secretary of State duly filed the letter of approval on December 28, 2022. It also states that primary procurement statute for the lead agency, the City of Atoka, is the Oklahoma Public Competitive Bidding Act ("OPCBA"), Title 61 O.S. § 101, et seq. Its website also states that: "TOPS PROCURES AND AWARDS ALL VENDOR CONTRACTS ACCORDING TO OKLAHOMA STATUTES...." I have researched the issue of using purchasing cooperatives in the past and understand that generally they must comply with all applicable Oklahoma and local competitive bidding laws in order for a municipality to use contracts obtained by a purchasing cooperative. I would be interested to know of any other city's experience with TOPS. 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.