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Oklahoma Corporation Commission may adopt no-go stance on 'no-bid' contracts

Oklahoma Corporation Commission Chairman Todd Hiett, Vice-Chair Kim David and Commissioner Bob Anthony
Oklahoma Corporation Commission
Oklahoma Corporation Commission Chairman Todd Hiett, Vice-Chair Kim David and Commissioner Bob Anthony

The Oklahoma Corporation Commission is considering clarifying its stance on so-called no-bid contracts.

The move comes after Oklahoma State Auditor Cindy Byrd identified large-scale mismanagement of taxpayer money last month related to the practice.

Some of the mismanaged funds were part of “rolling solicitation” contracts, which OMES introduced in 2019. Under one of these contracts, a company would no longer be required to participate in a competitive bidding process to work with the state. Competitive bidding is meant to ensure contract work is the most cost-effective use of taxpayer dollars.

“Oklahoma is rapidly becoming a no-bid state,” read a release from Byrd’s office. “This is a grave disservice to every Oklahoman.”

Now, the Oklahoma Corporation Commission is considering adopting the State Auditor’s policy on these types of contracts, according to a statement from Commissioner Bob Anthony.

According to Anthony’s motion, the OCC has worked with eight vendors who have “statewide contracts” with OMES. Under OMES’s “rolling solicitation” rules, those vendors didn’t need to competitively bid their services. But agency director Brandy Wreath said OCC’s work agreements were all competitively bid.

“We cannot change the past, and it will be up to the State’s legal authorities to decide if ‘OMES said we could’ is an acceptable defense,” Anthony said. “What we as Corporation Commissioners can and should do is provide clarity to our workforce and try to ensure unquestionable agency compliance with state statutes going forward.”

Anthony motioned to adopt the state auditor's position on "rolling solicitation" contracts.


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Updated: May 15, 2024 at 4:02 PM CDT
Clarification: This story was edited to better reflect the Oklahoma Corporation Commission's relationship with eight vendors who have a so-called "rolling solicitation" contract with Oklahoma Management and Enterprises Services.
Graycen Wheeler is a reporter covering water issues at KOSU as a corps member with Report for America.
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