Okla. Admin. Code § 260:115-7-3

Current through Vol. 42, No. 4, November 1, 2024

Section 260:115-7-3 - State agency acquisitions

(a)State Use Committee. State Use Committee contracts are mandatory contracts provided the conditions of 74 O.S. §3007(A) are satisfied. If an acquisition is available from both the State Use Committee procurement schedule and the Oklahoma Correctional Industries, the state agency shall make the acquisition from the State Use Committee procurement schedule. 74 O.S. §3001 et seq.

(b)Oklahoma Correctional Industries. If an acquisition is not available from the State Use Committee, pursuant to 74 O.S. §3007(A) state agencies shall make acquisitions from the Oklahoma Correctional Industries ("OCI") provided the conditions of 57 O.S. §549.1 are satisfied. If OCI is unable to meet state agency requirements for an acquisition even though the acquisition is listed in its distributed catalog or on its website, OCI shall certify to the State Purchasing Director that it is not able to provide the acquisition.

(c)Statewide Contracts. The State Purchasing Director shall designate statewide contracts as mandatory or non-mandatory.

(1)Mandatory statewide contract. The State Purchasing Director may designate a statewide contract for mandatory use. State agencies shall make acquisitions from mandatory statewide contracts regardless of the acquisition purchase price unless the State Purchasing Director provides prior written approval of an acquisition from another supplier. A state agency may submit a written request to the State Purchasing Director to waive requirements for a state agency's use of a mandatory statewide contract for acquisitions. The State Purchasing Director shall grant exceptions prior to a state agency making the acquisition from another supplier.

(2)Non-mandatory statewide contracts. State agencies are encouraged to use non- mandatory statewide contracts. Whenever a state agency acquires a product or service from an alternate source, the acquisition shall be made in accordance with the Central Purchasing Act, the rules of this chapter and any other laws and rules applicable to the acquisition.

(d)Open Market Acquisitions. State agencies may make acquisitions within their approved acquisition authority limit, pursuant to provisions of the Oklahoma Central Purchasing Act, rules of this Chapter, any other applicable laws or rules, and the agency's approved internal purchasing procedures.

(e)Acquisitions from other governmental agencies. Although a state agency may contract with another department of state government or institution in certain instances pursuant to 74 O.S. §581 or §1001 through §1008, acquisition shall not be made under any such contract with the intent of evading provisions of the Oklahoma Central Purchasing Act, rules of the Purchasing Division or provisions related to the State Use Committee.

(f)Competitively Bid Acquisitions.

(1)Sealed Bids. A competitive sealed bid process shall be utilized as required by state law and rules of this Chapter or when it is determined by the acquiring agency to be in the best interest of the state. Competitive sealed bids shall be required for all solicitations.

(2)Bid contents and solicitation amendment. The procurement documents shall indicate specifications of the acquisition, all information to be submitted with a bid and may reference manufacturer names, product names, or other product references as specifications to describe the type or quality of the acquisition. If a solicitation is amended, notice shall be provided online.

(3)Supplier notification. The State Purchasing Director will use reasonable efforts to notify suppliers recommended by a state agency for a solicitation.

(4)Limited contact. All communication between potential bidders and staff of the acquiring agency related to a solicitation shall:

(A) be limited to the acquiring agency's designated procurement personnel;

(B) strictly prohibited from any other acquiring agency personnel, unless otherwise stated in the instructions to bidders; and,

(C) be documented in writing and filed in the acquisition file.

(5)Evaluation method. Bidder instructions in connection with a solicitation shall clearly identify the evaluation method as lowest and best or best value and applicable evaluation criteria.

(6)Terms and conditions. All state terms and conditions for the acquisition shall be included in the procurement documents.

(7)Other rights and remedies. Actions of the State Purchasing Director shall not limit the rights or remedies of a state agency.

(8)Rejection of bids. In addition to reasons outlined in 260:115-7-32, if determined to be in the best interest of the State of Oklahoma, any or all bids or proposals may be rejected and a solicitation may be reissued or canceled.

(9)Pre-bid conference. Bidder instructions may state that a pre-bid conference will be held and shall state whether bidder attendance is mandatory or non-mandatory.

(10)Closing date and time. Instructions to bidders shall include the bid response due date and time. In the event it is determined that a significant error or event occurred that affected the receipt of a bid, the State Purchasing Director may authorize acceptance of a bid after the specified official closing date and time. Failure of the bidder's computer or electronic equipment or service is not an acceptable event.

(11)Bid receipt. Upon receipt, the outside of all envelopes or containers shall be clearly marked with the receipt date and time. Electronic submission of bids must be submitted in such a manner that the time and date of submission is electronically linked to the bid and cannot be changed.

(g)Agency acquisitions over $25,000.00 and not exceeding an agency acquisition threshold amount.

(1)Basic requirements. State agencies that have an internal or statutorily designated CPO and approved internal purchasing procedures pursuant to the requirements of 260:115-5-3 and 260:115-5-7 shall make acquisitions exceeding $25,000.00 but not exceeding the agency's approved acquisition threshold amount and make all acquisitions pursuant to all applicable requirements of the Purchasing Act, any other applicable state laws and rules and by means of a formal method of competitive solicitation utilizing a sealed bid process.

(2)Certifications, verifications and other required documents.

(A)Non-collusion certification. Pursuant to requirements in 74 O.S. §85.22, a non-collusion certification shall be included with any competitive bid and/or contract submitted to the State for an acquisition. The certification shall have an authorized signature of the supplier certifying the non-collusion statement with full knowledge and acceptance of all its provisions.

(B)Certifications for services contracts. Additional documents required to be included in contracts for professional or nonprofessional services include:

(i) If the final product of a professional services contract is a written proposal, report or study, the supplier shall include a statement certifying that the supplier has not previously provided a substantial duplication of the final product to the state agency or another state agency. [Reference 74 O.S. §85.41]

(ii) Each contract for services shall include a statement certifying that no person who has been involved in any manner in the development of that contract while employed by the State of Oklahoma shall be employed to fulfill any of the services provided for under said contract. [Reference 74 O.S. §85.42]

(C)Bonds and sureties. Bidders may be required to submit a bid bond, performance bond, or other type of approved surety with the bid.

(i)Form of bond. The bid bond, performance bond or other type of surety shall be subject to the approval of the acquiring state agency. For bonds requiring a cash deposit, the amount specified by the acquiring state agency shall be paid by certified check or cashiers check.

(ii)Irrevocable letter of credit. In lieu of bonds specified in this subsection, the acquiring state agency may approve submission of an irrevocable letter of credit.

(iii)Bond or surety return. When the acquiring state agency specifies a bid contain a bid bond, performance bond, or other type of surety, the state agency shall retain the bond or surety until the successful completion of the purpose for which the bond or surety was drawn.

(D)Verification of registration and status with Secretary of State. Prior to the award of a contract, the acquiring state agency must verify, pursuant to applicable provisions of law, that the supplier is registered with the Secretary of State and franchise tax payment status pursuant to 68 O.S. §1203 and § 1204. Documentation of verification of registration and status with the Secretary of State must include, at a minimum, a copy of the entity summary information from the Secretary of State's website or the supplier's statement providing specific details supporting the exemption claimed, must be filed in the acquisition file.

(h)State agency acquisitions processed by the OMES Purchasing Division. A state agency submitting requisitions to the OMES Purchasing Division for issuance of a solicitation shall comply with this section. For the purposes of this section, "State Purchasing Director" does not include personnel of state agencies to whom the State Purchasing Director has delegated authority.

(1)Forms. State agencies shall use forms and the process for requisitions provided or approved by the State Purchasing Director.

(2)Evaluation criteria and evaluators. Prior to issuance of the solicitation, an agency shall identify and provide contact information for the bid evaluators and written criteria necessary to evaluate a responsive bid such as technical scope, cost, experience, references etc.

(3)Requisition acceptance or rejection. The State Purchasing Director shall accept or reject a state agency's requisition. The State Purchasing Director shall notify the state agency if the State Purchasing Director rejects a requisition. The State Purchasing Director may also require a state agency to submit additional information with a requisition.

(4)Competitive bid award. The State Purchasing Director shall award a contract resulting from the solicitation to the responsible bidder(s) that provides the lowest and best, or best value bid, as applicable.

(i)Trade-ins. State agencies may trade in items when they make an acquisition of a like item. The state agency shall determine fair market value for the trade-in item and receive that amount or more as credit on the purchase price of the acquisition. Written documentation of the fair market value analysis shall be filed in the acquisition file by the state agency. The state agency may seek advice from the State Purchasing Director to determine fair market value of the trade-in.

(j)Recycled materials. State agencies shall procure products or materials with recycled content as stated in the Oklahoma State Recycling and Recycled Material Procurement Act, when such products or materials are available and practical. Upon request, the State Purchasing Director shall supply information regarding acquisitions that contain recycled materials to a state agency.

Okla. Admin. Code § 260:115-7-3

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/13/2019

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022