Okla. Stat. tit. 62, § 310.9
Contract for an Architect, Contractor, Engineer or Supplier of Materials of $25,000.00 or More - Sworn Statement
Effective Jul 1, 1998Laws 1980, c. 126, § 9, emerg. eff. April 10, 1980; Amended by Laws 1990, c. 221, § 2 (repealed by Laws 1991, c. 293, § 8, emerg. eff. May 30, 1991); Amended by Laws 1990, c. 305, § 1, eff. November 1, 1990; Amended by Laws 1991, c. 293, § 3, emerg. eff. May 30, 1991; Amended by Laws 1993, c. 318, § 2, emerg. eff. June 7, 1993; Amended by Laws 1995, c. 205, § 1, eff. July 1, 1995; Amended by Laws 1997, c. 115, § 1, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, c. 365, § 6, eff. July 1, 1998 (superseded document available).
- A. Except as provided in subsections B and C of this section, on every invoice submitted to any county or political subdivision of the state, for payment of an architect, contractor, engineer or supplier of materials of One Thousand Dollars ($1,000.00) or more, the sworn statement required by Section 3109 of Title 74 of the Oklahoma Statutes shall be required.
- B. Any county, municipality or school district executing a contract with any architect, contractor, supplier or engineer for work, services or materials which are needed on a continual basis from such architect, contractor, supplier or engineer under the terms of such contract, or executing more than one contract during the fiscal year with such architect, contractor, supplier or engineer may require that the architect, contractor, supplier or engineer complete a signed and notarized affidavit in substantial form as provided by subsection A of this section which shall apply to all work, services or materials completed or supplied under the terms of the contract or contracts and shall be in lieu of all individual affidavits for each invoice submitted in relation to such contract or contracts as required in subsection A of this section.
C. In lieu of the affidavit required in subsection A of this section, the following procedures may be used:
1. A purchase order issued by a county or a political subdivision of the state shall require the signature of the vendor and include a notice to the vendor that the vendor's submission of the signed invoice or acceptance of payment pursuant to the purchase constitutes a statement by the vendor that:
- a. the invoice or claim is true and correct,
- b. the work, services or materials as shown by the invoice or claim have been completed or supplied in accordance with the plans, specifications, orders or requests furnished the vendor, and
- c. the vendor has made no payment, directly or indirectly, to any elected official, officer or employee of this state or any county or political subdivision of the state, of money or any other thing of value to obtain payment;
- 2. Any vendor who submits the signed invoice or accepts payment pursuant to a purchase order containing the notice provided for in paragraph 1 of this subsection shall be deemed to adopt and affirm the statement contained in the notice unless the vendor states on the invoice that the statement is incorrect in whole or in part; and
- 3. The county or political subdivision may recover from the vendor the full amount paid pursuant to the purchase order if the statement adopted and affirmed by the vendor is false.
Laws 1980, c. 126, § 9, emerg. eff. April 10, 1980; Amended by Laws 1990, c. 221, § 2 (repealed by Laws 1991, c. 293, § 8, emerg. eff. May 30, 1991); Amended by Laws 1990, c. 305, § 1, eff. November 1, 1990; Amended by Laws 1991, c. 293, § 3, emerg. eff. May 30, 1991; Amended by Laws 1993, c. 318, § 2, emerg. eff. June 7, 1993; Amended by Laws 1995, c. 205, § 1, eff. July 1, 1995; Amended by Laws 1997, c. 115, § 1, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, c. 365, § 6, eff. July 1, 1998 (superseded document available).