Okla. Admin. Code § 260:115-7-32

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

Section 260:115-7-32 - Bid evaluation

(a)Evaluation criteria and documentation. The State Purchasing Director shall develop evaluation criteria to be included in a solicitation, which will be considered during the evaluation of bids.

(b)Evaluation scoring tool. Any evaluation scoring tool utilized shall be consistent with the evaluation criteria contained in the solicitation.

(c)Documentation. Evaluation of the bids shall be documented and filed in the acquisition file.

(1)Lowest and best bid. If the State Purchasing Director specifies in the solicitation that the bid evaluation criteria is lowest and best, the State Purchasing Director shall consider criteria the Oklahoma Central Purchasing Act specifies to determine the lowest and best bid. [Reference 74 O.S. § 85.2 ]

(2)Best value bid. If the State Purchasing Director specifies in the solicitation that the bid evaluation methodology is best value, the State Purchasing Director shall develop and apply criteria consistent with 74 O.S. § 85.2.

(d)Prohibited disclosure. Agency personnel shall not announce or reveal their decision regarding supplier evaluation or recommendation for award in any public manner or forum, including board meetings, until the State Purchasing Director has issued the award of contract.

(e)Public inspection. The evaluation documentation shall be open for public inspection following contract award.

(f)Bid clarification. The State Purchasing Director may solicit clarification from a bidder regarding the bidder's bid. The clarification shall not alter or supplement the bid.

(g)Supplier past performance. The State Purchasing Director shall consider bidder performance on previous contract awards and indicate past performance in the evaluation document.

(h)Reasons for bid rejection. The State Purchasing Director shall document in the acquisition file if a bid is non-responsive. Unless the State Purchasing Director finds that a bid deficiency may be cured by a supplier pursuant to (h)(2) of this section, the State Purchasing Director may reject a bid that is non-responsive, or a bid from a bidder who is not responsible, for reasons including, but not limited to reasons listed in this section:

(1)Non-responsive bid.

(A)Terms and conditions. A bid that does not meet the terms and conditions of the solicitation may be considered non-responsive.

(B)Forms use. A bid that does not contain forms or other information the solicitation specifies may be considered non-responsive.

(C)Incomplete forms. If forms required by the solicitation do not contain complete information, the bid may be considered non-responsive.

(D)Form entries improper. If information provided in the solicitation documents is not legible, typewritten or printed, or submitted in the electronic format specified in the solicitation, the bid may be considered non-responsive.

(E)Improper alterations. If alterations do not bear the initials of the person making the alteration, the bid may be considered non-responsive.

(F)Use of unauthorized signature. If a signature on a form is not an authorized signature pursuant to state laws and the rules of this chapter, the bid may be considered non-responsive.

(G)Absence of notary seal. If forms do not contain a notary seal where forms indicate or otherwise comply with the manner of notarization prescribed for the bidding supplier's state of residence, the bid may be considered non-responsive.

(H)Bid does not contain bid bond or other surety. If a bidder fails to include a bid bond or other surety specified as a requirement by a solicitation, the bid may be considered non-responsive.

(I)Bid does not contain samples. If a solicitation specifies that the bid shall contain samples and the bid does not contain samples, the bid shall be considered non-responsive.

(J)Items not suitable for intended use. If a bid does not offer items suitable for the intended use of the items, the bid shall be considered non-responsive.

(K)Pricing. If bid pricing does not meet requirements of a solicitation, the bid may be considered non-responsive.

(L)Bid fails to acknowledge solicitation amendment. If a bid fails to acknowledge an amendment the State Purchasing Director issues to a solicitation, the bid may be considered non-responsive.

(M)One bid from multiple suppliers. One bid from multiple suppliers that does not designate a prime contractor shall be considered non-responsive.

(N)Additional supplier terms and conditions. If a supplier adds terms and conditions to an acquisition that are contrary to the laws of Oklahoma the bid may be considered non-responsive.

(O)Signatures on solicitation documents. If an authorized signature is omitted from any solicitation document that requires an authorized signature, the bid may be considered non-responsive.

(2)Bidder not responsible.

(A)Failure to provide required information. If the solicitation specifies that suppliers submit information relating to responsibility and a bidder does not submit said information, or the State Purchasing Director determines the bidder is not responsible, the bid may be rejected.

(B)Proof of insurance. Whenever applicable to a solicitation, if a supplier is unable to provide proof of workers' compensation insurance or an alternative or exemption as authorized by state law, the supplier may be found not responsible.

(C)Past performance. If the State Purchasing Director has received complaints on a supplier, the supplier may be found not responsible.

(i)Samples. When a solicitation specifies a bidder submit samples, the State Purchasing Director shall examine the sample to determine the expected performance and service capabilities.

(1) The State Purchasing Director shall indicate the method of testing and rate the sample's performance in the evaluation document.

(2) When the State Purchasing Director issues a solicitation on behalf of a state agency, the State Purchasing Director, with input from the requisitioning agency, shall make the final determination whether a sample meets the solicitation specifications.

(j)Other factors in determination of award.

(1)Minor deficiencies. The State Purchasing Director may waive minor deficiencies or informalities in a bid if the State Purchasing Director determines the deficiencies or informalities do not prejudice the rights of other bidders, or are not a cause for bid rejection.

(2)Other types of deficiencies. If the State Purchasing Director determines there is sufficient time prior to the award of a contract and it is in the best interest of the State, the State Purchasing Director may authorize a bidder to cure the following types of deficiencies prior to the award of a contract:

(A) failure to have an authorized signature;

(B) failure to obtain a notary signature, stamp or seal;

(C) failure to sign or initial amendments to bid.

(k)Evaluation criteria. The State Purchasing Director shall establish evaluation criteria for solicitation responses. A state agency shall maintain written documentation of bid evaluations in the acquisition file.

Okla. Admin. Code § 260:115-7-32

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