State property; creating a differential pricing preference for the cost of goods manufactured or produced in the United States of America. Effective date.
Summary
SB168 creates a state procurement requirement for certain public construction and maintenance contracts in Oklahoma. For contracts over $100,000 involving the construction, reconstruction, alteration, repair, improvement, or maintenance of a public building or public work, state agencies and other entities purchasing on their behalf must require that all iron, steel, and aluminum used in the project be manufactured or produced in the United States. The bill also requires solicitation documents to clearly state this condition, and bids that do not affirmatively acknowledge the requirement are not to be considered.
The bill defines key terms such as “manufactured or produced in the United States” and “public building or public work” broadly, covering a wide range of infrastructure and public facilities. It also creates a waiver process: agencies may seek an exemption from the State Purchasing Director if the requirement is against the public interest, if compliant materials are unavailable in sufficient quantity or quality, or if using U.S.-made materials would increase project costs by more than 25%. The State Purchasing Director must provide public notice and allow a seven-day comment period before deciding on an exemption.
Impact
SB168 would amend Oklahoma procurement law by adding a new section to Title 61 governing state purchasing for public works contracts. It would impose a domestic-content preference for iron, steel, and aluminum in qualifying state-funded construction and maintenance projects, while also establishing an administrative exemption process and a five-year bid ineligibility penalty for intentional violations. The bill would affect state agencies, purchasing officials, contractors, subcontractors, and suppliers involved in public infrastructure projects, and it would not apply where a reciprocal trade agreement or treaty governs nondiscriminatory procurement practices.
Sentiment
The available voting history suggests strong support for the bill, with the Senate passing SB168 unanimously 8-0 on February 11, 2025. No committee transcript excerpts were provided, so there is no recorded floor or committee debate to indicate organized opposition in the supplied materials. Overall, the bill appears to have been received favorably as a domestic procurement preference measure.
Contention
The main points of potential contention are the bill’s cost and sourcing requirements. Contractors and agencies may object to the mandate if U.S.-made materials are more expensive, harder to obtain, or unavailable in the needed quality or quantity, which is why the bill includes a waiver for those circumstances and for projects where costs would rise by more than 25%. Another possible issue is the enforcement mechanism: intentional violators can be barred from bidding on state contracts for five years, which could be viewed as a significant penalty. The bill also preserves exceptions for reciprocal trade agreements, which may limit its reach in some procurement settings.