How to sell to Oklahoma counties

Oklahoma has 77 counties. County purchases of supplies, materials, equipment, road and bridge construction services and IT follow the County Purchasing Act (Title 19), and public construction follows the Public Competitive Bidding Act (Title 61). Oklahoma State University Extension's Purchasing Handbook for Oklahoma Counties explains both and is the main source here, because the official statute site could not be read.

At a glance

Who buys

Each county is governed by a board of county commissioners, which opens bids at an open meeting and awards them. The county purchasing agent mails and publishes notices, and requisitioning officers recommend purchases (19 O.S. 1505, per OSU Extension).

Goods and services

• Threshold: purchases over $25,000, including rentals, leases and lease-purchases, must be competitively bid. Splitting purchases to avoid bidding is a misdemeanor and grounds for forfeiture of office (19 O.S. 1505).
• Below $25,000: no statewide quote rule was confirmed. Oklahoma County says quotes are often recommended below the threshold and applies the $25,000 limit per department (Oklahoma County 2025 presentation).
• No bids received: the purchasing agent may solicit quotes (OSU Extension, Chapter Four).

Construction and public works

Public construction contracts over $100,000, and construction management trade contracts over $50,000, use competitive sealed bidding (61 O.S. 103(A)). Rules for smaller construction tiers were not confirmed; check the solicitation.

• Bid security: 5% of the bid, by certified or cashier's check, surety bid bond or irrevocable letter of credit (61 O.S. 107).
• Bonds: a 100% bond for performance and for payment of subcontractors, labor and materials, plus a 100% maintenance bond (or letter of credit) for one year after acceptance. The contract isn't executed until bonds and insurance are delivered (61 O.S. 113, per OSU Extension).
• Road and bridge work: the county notifies ODOT at least 21 days before accepting bids (OSU Extension, Chapter Five).

Notice and award

Purchases: the purchasing agent mails notice to likely bidders and publishes it once in a newspaper of general circulation, at least 10 days before opening. The board compares bids with state contract prices at opening and awards within 30 days to a single vendor at the lowest and best bid. If it isn't the lowest bid, the reasons are recorded (19 O.S. 1505(B)).

Construction: notice runs in two consecutive weekly issues of a newspaper in the county where the work is done, the first at least 21 days before opening, plus electronic notice and notice to an in-state trade or construction magazine (61 O.S. 104; OSU Extension). The award goes to the lowest responsible bidder within 30 days of opening, which can be extended (61 O.S. 103(A), 113). Awarding to anyone else requires a public statement of reasons (61 O.S. 117).

A statewide RFP option for counties was not confirmed.

Prevailing wage

Oklahoma has no state prevailing wage law; it was invalidated by a 1995 court decision (U.S. Department of Labor). Federally funded work may still require Davis-Bacon wages.

Getting paid

On construction, the county may hold up to 5% of each partial payment as retainage, and may cut it to 2.5% at 50% completion. Payments require architect or engineer certification (61 O.S. 123-124, per OSU Extension). The retainage release deadline and a county prompt payment rule were not confirmed; check the contract.

Cooperative purchasing and state contracts

Counties may buy through nationwide programs sponsored by the national county association, local cooperative agreements and other competitively bid nationwide programs. These can't be used for Title 61 construction (19 O.S. 1501(A)(3)(p), per OSU Extension). Counties may also buy from state agencies and political subdivisions subject to the Central Purchasing Act after verification (OSU Extension, Chapter Six). See cooperative purchasing.

Preferences and required certifications

• Local preference: on Title 61 construction, a local bidder within 5% that is second-lowest may match the low bid and win. OSU Extension describes it as applied under a county policy finding economic benefit (61 O.S. 103(B)); whether it is mandatory or optional is not confirmed.
• Oklahoma materials: public buildings, including county institutions, have an Oklahoma materials preference (61 O.S. 6), and county hospitals have their own preference (19 O.S. 788) (Texas Comptroller summary).
• E-Verify: 25 O.S. 1313 bars public employers from contracts for physical services unless the contractor uses a status verification system. Its application to counties was not confirmed.

Israel boycott, divestment and non-collusion requirements for counties were not confirmed; check the solicitation.

Architects and engineers

No county qualifications-based selection statute was confirmed. Check the solicitation.

Recent changes

• Nov. 1, 2025: 2025 SB 403 took effect, amending 19 O.S. 1501 and 1505 on purchasing agent duties and removing a once-only alternative purchase limit of $25,000 or less (secondary: PolicyRisk). New dollar amounts, if any, were not confirmed.

Practical tips for Oklahoma

• Ask the purchasing agent to add you to the mailing list; purchase notices are mailed to likely bidders.
• Know the state contract price. Counties compare bids with state contract prices at opening.
• Line up your bonding before bidding construction; you need 5% bid security and 100% performance, payment and maintenance bonds.
• Check Oklahoma counties for each county's bid platform, contacts and agendas.